This website, located at www.dalejr.com (the "Site"), is owned and operated by DEJ Holdings, LLC ("we," "us," or "DEJ"), and is the official site of the fan club (the "Club") of Dale Earnhardt, Jr. We understand the concerns that our members and other visitors to our website (the "Site") have about the collection, use, and disclosure of their Personally Identifiable Information (as defined below) while online. Accordingly, we have established this Privacy Policy to make you aware of the information collection and sharing practices of the Site. This Privacy Policy only applies to transactions made and data gathered on the Site and does not pertain to information collected on any other site owned by DEJ, its subsidiaries or other businesses, nor does it extend to the privacy practices (or lack thereof) of third parties. DEJ cannot and does not assume responsibility for the policies, practices and actions of such third parties. By visiting the Site, you are accepting the practices described in this Privacy Policy. Please review this Privacy Policy periodically. We may update it from time to time and we will notify you of any modifications in this section or in links from this section.
DEJ complies with the privacy laws and regulations of the United States of America. DEJ makes no representation that this Site is governed by or operated in accordance with the laws of other nations, or that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. By using this Site, visitors from outside of the United States of America acknowledge this Site is subject to the laws and regulations of the United States of America, and waive any claims that may arise under their own national laws.
DEJ reserves the right to change, modify, add, or remove provisions of this Privacy Policy. Any changes to this Privacy Policy will be posted here, and we encourage you to check back from time to time to ensure continuing familiarity with the most current version of our Privacy Policy. You can determine whether the Privacy Policy has been revised since your previous visit to the Site by referring to the "Last Updated" date at the top of this page. Please read this Privacy Policy carefully. Your use of this Site constitutes your acceptance to be bound by this Privacy Policy without limitation, qualification or change. If at any time you do not accept all the terms and conditions contained herein, you must immediately discontinue use of this Site.
Use of This Site by Children
The Site is not directed to individuals under the age of thirteen (13), and we request that such individuals do not provide Personally Identifiable Information (as defined below) through the Site. Children under the age of 13 may only register as a member with the confirmed consent of a parent or legal guardian. If a parent or guardian becomes aware that his or her child has provided us with Personally Identifiable Information without the parent or guardian's consent by, for example, misrepresenting his or her age, that parent or guardian should contact us at postmaster@jrnation.net. If DEJ determines that it has collected personal information of children under the age of 13 without parental consent, DEJ will immediately delete such information and any accounts believed to be held by children under 13. Please see our Terms of Use for additional information regarding the use of this Site by minors. Accordingly, we request that person's age and residence before we permit anyone to register with our site, open an account, register for our newsletter, participate in any games, contests or sweepstakes, purchase tickets or other merchandise, join a mailing list or to request any information, products or services offered by our site. We do not accept any such registration from, or provide any product or service to, any visitor who identifies himself or herself as being under the applicable age limit without confirmed parental consent. If we discover any Personally Identifiable Information from anyone who is under the applicable age limit provided without parental consent, we will promptly delete it.
DEJ gathers two basic types of information through the Site: "Personally Identifiable Information" (or "PII") and "Non-Personally Identifiable Information" (or "Non-PII"). PII is information that identifies or can identify you as an individual (such as residential address, telephone number, or billing information) and Non-PII is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.
a. Non-Personally Identifiable Information - When you visit and interact with the Site, DEJ and third parties with whom DEJ has contracted to provide services to DEJ may collect Non-PII (for example, a catalog of the Site pages you visit). Non-PII is anonymous and does not identify you personally. Non-PII is generally collected through the Site from four different sources: Internet protocol addresses and web logs; cookies; pixel tags and other similar technologies; and other Non-PII that you voluntarily provide (as explained below).
i. IP Protocol Addresses and Web Logs - This Site's web servers automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any PII. We use your IP address, and the IP addresses of all users, for purposes such as calculating Site usage levels, helping diagnose problems with the Site's servers, and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites.
ii. Cookies - We and our service providers may use a standard technology called a "cookie" to collect information about how you use the Site. Cookies reside on your computer and help the Site recognize your computer's browser as a previous visitor. In addition, on occasion our Site may also set a "session cookie" which helps us administer the Site. The session cookie expires when you close your browser and does not retain any information about you after it expires. If you do not want information collected through the use of cookies, you should be able to modify your browser preference to provide you with choices relating to cookies. For example, if you use a standard browser, you should have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject cookies, you may be unable to use certain Site services (e.g., those services that require you to log on to the Site in order to participate). For more information on modifying your browser preference, please refer to the documentation accompanying your browser.
iii. Pixel Tags - We and our service providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with some Site pages and HTML-formatted email messages to, among other things, compile aggregate statistics about Site usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors' hard drives. Pixel Tags do not contain any PII and allow us to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when an email has been opened.
iv. Information You Voluntarily Provide - We may also collect certain information (e.g., your geographic location, your genre preferences etc.) when you voluntarily provide such information to us. When such information is not combined with any PII, such information is considered to be Non-PII, as it does not personally identify you or any other user. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the Site, for example, by using PII to calculate the percentage of our users who have a particular telephone area code. Such aggregate information is considered Non-PII for purposes of this Policy.
b. Personally Identifiable Information - You may use many features of this Site without providing any PII. However, in order to take advantage of particular opportunities made available through the Site (for example, to access additional services provided by this Site such as updates, chat room forums and/or personalized content) we may require that you furnish PII to us such as: your name, postal address, telephone number, fax number email address, age, gender, credit card number or other payment account number and health-related information (for example, physically disabled seating requests). We collect PII from you through the Site only when you voluntarily provide it.
If you become a member of the Club, you should note that when you complete your member profile, this information can be viewed by other members. Accordingly, you should not provide any information in your member profile that you do not wish to share with third parties and you should have no privacy expectations with respect to the information contained therein. You should be aware that if you voluntarily disclose information online in a publicly accessible area, such as in your member profile, a message board or chat room, that information may be collected and used by others. We do not control the actions of our visitors. If you disclose PII in your member profile, message board, or any other publicly accessible place on the Internet, you do so at your own risk and should understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. Please remember that protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any password you use to register, and you should always be careful and responsible whenever disclosing information online.
a. Non-Personally Identifiable Information - Because Non-PII does not personally identify you, we may use such information for any purpose. For example, we may use Non-PII to measure the number of visits, average time spent on the Site and pages viewed as well as to diagnose problems with our servers and to administer the Site. We may then use this information to analyze and improve the features and functionality of this Site. We may use non-PII information about you and other Site visitors on an aggregate basis to sell and deliver advertising, promotions and content that we believe will be of interest to you. In addition, we reserve the right to share such Non-PII, which does not personally identify you, with third parties, for any purpose. For example, we may share information with advertisers or other third parties that are not part of the DEJ family on an aggregate or other basis that does not disclose any of your PII.
In some instances, we may combine Non-PII with PII (such as embedding email addresses in cookies). If we do combine any Non-PII with PII, the combined information will be treated as PII as long as it is so combined. This "combined" PII is not shared with third parties, except as described in this Policy.
b. Personally Identifiable Information
i. Site - We may use PII you give us to better tailor your website experience to your interests, and to show you content in which you may be interested and to display the content according to your preferences. We may also share your PII within the DEJ business family in order to enhance your experience on other DEJ websites. To the extent we do so, we make sure that your PII receives the same level of protection throughout the DEJ business family. Please note that such sharing may involve the collection use, storage, or disclosure of PII outside the United States of America.
ii. Communications - If you choose to opt-in, we may use your PII to send you information about the Club, DEJ and its services as well as promotional material on behalf of some of our partners. If at any time you change your mind and prefer to no longer receive such marketing communications from us, please see the "Opt-In Policy" section below.
iii. Administrative Matters - DEJ reserves the right to contact you in the event of a change in the Site's Terms of Use and/or this Privacy Policy, or to notify you of other administrative matters in connection with the Site (e.g., contacting you to facilitate, complete or confirm a transaction). Because this information may be important to your use of the Site, you may not opt-out of receiving such communications.
iv. Fulfillment of Requests - DEJ may use your PII to fulfill the purpose for which such PII was provided (e.g., to confirm your registration or fulfill your purchase).
v. Facilitation of Transactions - Please note that, at times, forms on the Site may be pre-populated with your PII in order to facilitate a transaction between you and DEJ.
vi. Internal Business Purposes - We may also use your PII for our internal business purposes, such as to target advertising, for data analysis, for audits and for other internal purposes.
vii. Shopping/Commercial Services - This Site may offer merchandise and/or ticket purchase services, which may be offered by us or by one of our e-commerce partners. To the extent the merchandise and/or ticket purchase services are offered by one of our e-commerce partners, such e-commerce partner will be collecting and using the PII you provide. For more information regarding your transactions with our e-commerce partners, please refer to Section 4(b) below.
To the extent DEJ is the entity offering the purchase services, when you make a purchase through the Site, we may collect your credit card number or other payment account number (for example, your PayPal account number), billing address and other information related to such purchase (collectively, "Payment Information") from you. We will use the Payment Information that you provide to bill you for your purchase and to fulfill your purchase. By providing your Payment Information, you are authorizing us to give that information to third parties as necessary to confirm and fulfill your order (for example, to process your credit card or payment account number and to send you products you have ordered).
viii. Email This to a Friend - The Site may allow you to forward certain items posted on Site or links to Site features by email or Instant Messenger to other parties who you believe may be interested. If you wish to use this feature, you may provide us with such other party's email address or Instant Messenger screen name so that we can facilitate your sending of such message to such other party. To do so, any PII you provide in connection with sending such other party the message, such as your name and your email address or Instant Messenger screen name, will, of course, be disclosed to such other party. While, due to technical restrictions, the recipient's email address or Instant Messenger screen names may be retained in our log files, we do not knowingly share it with third parties and we do not use this PII for any purpose except to send this message (unless the recipient has already consented to such use of his/her PII).
ix. Online Surveys/Sweepstakes and Contests - From time to time, we conduct online surveys and offer online sweepstakes or contests on the Site (each, a "Promotion"), and we may collect PII in connection with the same. We may use your PII to contact you regarding your Promotion entry, or to contact you if you win a Promotion (if applicable). You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about DEJ's use of your PII. To the extent such rules conflict with this Privacy Policy, such rules will govern that particular Promotion.
a. Affiliate Communications - If you choose to opt-in, we may share your PII with our affiliates so that they may send you announcements and notifications of events, products or services that might be of interest to you. For further information, please see the "Opt-In Policy" section below.
b. Third Party Communications - If you choose to opt-in, we may also share your PII with third parties to allow such third parties to send promotional communications to you. For further information, please see the "Opt-In Policy" section below.
c. DEJ Service Providers - We work with third parties who provide services including but not limited to data analysis, order fulfillment, credit card processing and other services of an administrative nature. If you use our services, we reserve the right to share your PII with such third parties for the purpose of enabling these third parties to provide such services. We take reasonable steps to ensure these third parties treat PII in a manner comparable to how we do so.
d. Public Forums and Other Interactive Features - Please be aware that when you disclose PII in a chat room, forum, message board or news groups on the Site, the information may become public and accessible to all or a part of the Site community, so it is important for you to exercise discretion and appropriate caution when deciding to reveal PII in these areas. In addition, when you choose to make a posting on such services, certain PII may be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose your PII, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE SITE VIA THESE FORUMS AND OTHER INTERACTIVE FEATURES. Please note that we reserve the right, but have no obligation, to republish content posted in a chat room, forum, message board or news group (including any PII contained therein) as further set forth in our Terms of Use Agreement.
In the event that you encounter any Site user who you believe is improperly collecting or using information about you or other users, please visit our Help Page to send us an email about such collection or use.
e. Online Surveys/Sweepstakes and Contests - We reserve the right to share PII collected in connection with Promotions with the third-party sponsors of any such Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to such Promotion. You should carefully review the rules, if any, of each Promotion in which you participate through the Site, as they may contain additional important information about a sponsor's or other third parties' use of your PII. To the extent such rules conflict with this Privacy Policy, such rules will govern that particular Promotion.
f. Compliance With Applicable Law - DEJ may also access and disclose PII as needed to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of DEJ, Site visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms of Use or other published guidelines.
g. Assignment - We reserve the right to transfer any and all information that we collect from users of the Site to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of DEJ's business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
a. Co-Branded Pages - We may enter into relationships with "powered by" partners, business partners, sponsors, and co-branded sites (referred to here as "co-branded pages"). These might include, for example, pages that share our name and that of another entity. You should look for a specific privacy policy on any such co-branded page. Any PII that you provide when signing up at any co-branded page may be collected by, or shared with, our third-party partner. We have no control over, and are not responsible for, our partners' use of your PII. You should check our posted partners' websites for information regarding their privacy policies.
b. Transactions With E-Commerce Partners, Vendors and Advertisers - When you provide PII to one of our Site's e-commerce partners, vendors or advertisers, this transaction will occur in connection with the site of the e-commerce partner, vendor or advertiser, not on the Site, and, as such, the PII you provide is collected pursuant to and controlled by the privacy policy of such e-commerce partner, vendor or advertiser. DEJ is not responsible for such parties' privacy policies and we encourage you to familiarize yourself with the applicable privacy policy of the e-commerce site with which you transact business or to contact the operator of such site for more information. Please be aware that at times, at the request of or on behalf of our e-commerce partners, vendors or advertisers, DEJ may "pre-populate" forms with your PII for your review, and, if you so choose, for submission to such e-commerce partners, vendors or advertisers. Accordingly, we encourage you to review each pre-populated form carefully before agreeing to submit your PII to determine who is seeking to collect your information, and to familiarize yourself with the applicable privacy policy governing use of any PII collected about you.
c. Third Party Advertising - The ads appearing on this Site are delivered to you by our web advertising partner. Non-PII about your visits to this Site, such as number of times you have viewed an ad, is used to serve ads to you. In the course of serving advertisements to this Site, our third-party advertiser may place or recognize a unique cookie on your browser.
d. Third Party Links - The Site may contain links to third-party Internet websites, which are not owned or operated by DEJ. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by DEJ. If you provide any PII through any such third-party website, your transaction will occur on such third party's website (not the Site) and the PII you provide will be collected by, and controlled by the privacy policy of, that third party. We are not responsible for the privacy practices or the content of such third-party websites, including such websites' use of any PII that you provide to them. We strongly encourage you to become familiar with the privacy practices of those sites.
PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.
5. Opt-In Policy
a. DEJ Communications - When you supply DEJ with PII, from time-to-time, in DEJ's discretion, you may be asked to indicate whether you are interested in receiving information from us about special offers in connection with the Site, the Club, DEJ and/or our advertisers and partners. If you do choose to opt-in to receive such communications, we may, from time to time, send you marketing communications. If at any time you change your mind and no longer wish to receive marketing communications from us, you may opt-out of such marketing communications by either:
• Using the link provided in our newsletters or commercial email messages to opt-out of receiving further marketing communications from us; or
• Changing your contact preference to "Do Not Contact Me" at any time by using the "Ask a Question" tab on our Help Page.
If you decide to contact us to change your contact preference to "Do Not Contact Me", DEJ will implement this change in a reasonable time frame. Please be aware that your requested change will not be effective until DEJ implements such change, and such requests will be implemented only in connection with your Site profile, and will not impact any preferences you may have made to any other site controlled, owned or operated by DEJ or its affiliates.
b. Affiliate and Third Party Communications - From time-to-time in DEJ's discretion, you may be provided with the opportunity to opt-in to receive offers directly from DEJ, our affiliates and/or from third parties. If you do choose to accept any such offer(s), any PII provided to DEJ for such purposes may be shared with our affiliates and such third-party partner(s), to allow our affiliates and/or such third parties to provide you with such offers. If you change your mind and would prefer that we no longer share your PII with our affiliates and/or with third parties for their marketing purposes, you may opt-out of such future sharing at any time by using the "Ask a Question" tab on our Help Page, and specifying which choice you are opting out from, provided however, you may not be able to opt out of certain third party offers that are displayed on our Site.
c. Allowing DEJ to share PII with affiliates for their marketing purposes and/or Allowing DEJ to share PII with third-party companies for their marketing purposes - Please note that if you opt-out as described above, (i) we will not be able to remove your PII from the databases of affiliates or third parties with which we have already shared your PII (i.e., to which we have already provided your PII as of the date that we implement your opt-out request), therefore you must contact such affiliates or third parties directly in order to opt-out of further marketing communications made directly from them or utilize the opt-out mechanisms set forth in their respective privacy policies or marketing messages; and (ii) you may still be presented new offers from DEJ and/or its affiliates or third parties while you are within the Site, including offers from those third parties which you have opted-out of receiving direct offers; but in connection with each new offer within the Site you will have the right not to accept such offers. In the event you receive an offer from a third party through our Site, but choose not to accept it, your PII will not be shared.
This Site also gives you the opportunity to modify or remove PII that you have provided to us by way of this Site. You may do so by modifying your password-protected registered user information on the Site. To the extent that such information is stored in our databases, we will respond to your changes as soon as reasonably possible, although please understand that although this information, once deleted, is not available on the Site, that information may remain stored indefinitely in our backup and archival records. To the extent that such information is not stored in our databases, we cannot always ensure that these corrections or deletions will reach such other databases in a timely manner.
7. Security of Your PII
DEJ employs reasonable security measures consistent with standard industry practice, for PII collected through this Site, including physical, electronic and operational measures to maintain security and prevent unauthorized access. While DEJ takes all appropriate steps to safeguard PII under our control, unfortunately, no data transmission over the Internet or method of storing data can be guaranteed to be 100% secure. As such, we cannot guarantee that PII supplied by users will not be accessed on our servers, or intercepted while being transmitted to us over the Internet. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information during such transfers. If you have reason to believe that there has been any breach of the security of the Site, please contact us at postmaster@jrnation.net.
Please remember that security of the username and password you create when you register with the Site is your responsibility; we recommend that you do not share them with anyone. If you share your username and password, you are providing access to your PII. You will be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify DEJ of any unauthorized use of your username or password.
8. Offline vs. Online practices
Please note that this Privacy Policy applies solely to our online information gathering and dissemination practices in connection with the Site, and does not apply to any of our practices conducted offline
If you have any questions concerning this Policy, you may send them by email to postmaster@jrnation.net. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.
10. Access to Your PII
We appreciate your assistance in keeping your PII up to date and accurate. You are entitled to access, verify, amend and/or correct your PII collected by DEJ. You are encouraged to contact postmaster@jrnation.net, or the above postal address to verify, correct or update your PII.
If you have a concern regarding the collection, use or disclosure of your PII by DEJ, please contact us. Your concern will be investigated and you will be notified as soon as possible of the outcome of the investigation and any action required as a result.
If you are a member of the Official Fan Club of Dale Earnhardt, Jr., you should note that when you complete your "Member Profile," this information can be viewed by other members. Accordingly, you should not provide any information in your Member Profile that you do not wish to share with third parties and you should have no privacy expectations with respect to the information contained within it. You should be aware that if you voluntarily disclose information online in a publicly accessible area, such as in your member profile, a message board or chat room, that information may be collected and used by others. We do not control the actions of our visitors. If you disclose Personal Information in your member profile, message board, or any other publicly accessible place on the Internet, you do so at your own risk and should understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. Please remember that protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any password you use to register, and you should always be careful and responsible whenever disclosing information online.
If you send us your opinions, questions or comments, they may require personal information for a response. Please do not submit any unsolicited or unique creative ideas, drawings or other materials, which we cannot accept as a matter of policy.
During the creation of your account on the Site, we will give you the opportunity to opt-out of the receipt of certain communications from us and third parties, other than our Event Partners. We also give you the opportunity to opt-out and/or modify information you have provided to us at anytime by logging on to the applicable section (for example, newsletter subscriptions or "my account") and selecting those portions of your personal information that you would like to update. As you complete a purchase transaction on the Site, we will automatically set certain email preferences for you. When you receive an email confirming your purchase, you will be reminded of these email preferences and provided with a link to change your preferences. You will be able to edit these preferences by logging on to the Site and signing on to the members section with your user name and password. Please note that changing or deleting your information through your Member Profile, or otherwise opting-out of receipt of email communications from us and third parties (other than Event Partners) will only change or delete the data in our system for purposes of transacting future business on the Site and for managing future communications from us and third parties. However, we cannot change or delete the following information: A) Information already collected as part of a particular ticket purchase in our transactions database which may be shared with our Event Partners regardless of your email preferences; B) Information that we may have already forwarded to Event Partners, credit card companies or any other third parties, all as provided above in this Privacy Policy. C) Personal Information that we collect in connection with or in anticipation of any claim or legal proceeding.
If you have any questions or comments about this Privacy Policy, the practices of the Site, or your dealings with the Site, you can contact us at: DEJ Holdings, LLC, Attn: Legal Dept., P.O. Box 330, Mooresville, NC 28115 or at postmaster@jrnation.net.
Should we or our business partners sponsor online games, contests or sweepstakes, or certain promotions, the specific rules and regulations will vary. Your participation will constitute your agreement to abide by those rules and regulations. We will use the information you provide when we fulfill a prize. If you reside in the United States and are older than 12 but younger than 18 years of age, we will ask you for information to contact your parent or guardian at the time of registration, and if you win, he or she will be sent an e-mail with information about the game, contest, sweepstakes or promotion in question and about your award. Your parent or guardian will then have a chance to "opt out" of collecting your prize on your behalf, in which case the prize will not be awarded. Persons who are not residents of the United States and under the age of 18 are not eligible to make use of our site, and accordingly, they cannot participate in games, contests, sweepstakes, or promotions. (See above.)