Term of use
Last Updated: November 1, 2019Welcome to the family of websites, mobile applications, or anywhere else these Terms of Service are posted (collectively, the “RaceYaya Site(s)”) or where services are made available through the Site (“Services”) owned or operated by Runfitness Marketing, Inc., or its corporate parent(s), subsidiaries, and affiliates (“RaceYaya,” “we,” “us,” or “our”).
Acceptance of the Terms of Service
Accessing the RaceYaya Sites, Registration, and Account Security
Product Selling, Event Registrations, Purchases and Fees
Refunds and Event Cancellation
Event Video, Photography, and Results
- In any way that violates any applicable local, federal, state or international laws or regulations (including, without limitation, any laws regarding the use, processing, disclosure, sharing, transfer of personal or sensitive personal information and/or the export of data or software to and from the Philippines or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards as set forth in these Terms of Service.
- To transmit, or facilitate the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or " spam" or any other similar solicitation.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the RaceYaya Sites, or which, as determined, may harm RaceYaya or users of the RaceYaya Sites or expose them to liability.
- Additionally, you agree not to:
- Use of the RaceYaya Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the RaceYaya Sites, including their ability to engage in real time activities through the RaceYaya Sites.
- Use any robot, spider, or other automatic device, process, or means to access the RaceYaya Sites for any purpose, including monitoring or copying any of the material on the RaceYaya Sites.
- Use any manual process to monitor or copy any of the material on the RaceYaya Sites or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the RaceYaya Sites.
- Introduce any virus, Trojan horses, worms, malwares, logic bombs, or other materials which are malicious and technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the RaceYaya Sites, the server on which the RaceYaya Sites are stored, or any server, computer, or database connected to the RaceYaya Sites.
- Attack the RaceYaya Sites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the RaceYaya Sites.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right and/or authority to grant the license granted above to us and our affiliates and service providers, and each of their respective licensees, successors in interest, and/or assigns.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
- Disclose your identity or other information about you to any third party who, after investigation, was found to be the rightful owner of the material that you posted
- Take appropriate legal action, including without limitation, to instituting of civil and/or criminal case, claims for damages, and other action arising from the illegal and unauthorized use of Raceyaya sites.
- Terminate or suspend your access to all or part of the RaceYaya Sites for any or no reason, including without limitation, any violation of these Terms of Service.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable local, federal, state, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote indecency or pornography violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property and other rights of the owner.
- Be likely to deceive any person.
- Promote any illegal activity or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, needless anxiety or perform any act likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent identity or affiliation with any person or organization.
- Involve unauthorized or illegal sales and promotional activities
- Give the impression that they emanate from or are endorsed by RaceYaya or other similar misrepresentations.
Intellectual Property Rights
Links from the RaceYaya Sites
Disclaimer of Warranties
Limitation on Liability
Governing Law and Jurisdiction
Waiver and Severability
Changes to Terms of Service
Your Comments and Concerns
Thank you for visiting the RaceYaya Sites.
© 2019 RaceYaya Inc. All rights reserved.
Runfitness Marketing, Inc. and its subsidiaries (collectively, “RaceYaya,” “we,” “us,” or “our”) respect your privacy and are committed to protecting your personal information.
By visiting our websites or using any of our products or services, you agree that your personal information will be handled as described in this Policy.
Table of Contents
- Personal Data We Collect
- How We Use the Personal Data We Collect
- How We Disclose and Transfer Your Personal Data
- How We Secure Your Personal Data
- Choices You Have Regarding Your Personal Data
- Retention of Your Personal Data
- Cookies, Web Beacons, and Other Technologies
- International Privacy Laws
- Terms of Service
- Contacting Us
1. Personal Data We Collect
1.1 Personal Data You Provide Us
When you sign up to use our Services, you voluntarily provide Personal Data. This Personal Data may include, but is not limited to, your contact information such as a first and last name, email address, postal address, and phone number; an account password; your date of birth; your gender; your social media account(s) information; your subscription preferences; your photographs, videos, or other content you or we contribute from your participation in events; your payment and billing information; your participation in or donation to a particular charity or charity event; your geo-location; your emergency contact information; your athletic performance in or your training performance for events; and/or information you include in public forums, messages, comments, searches, or queries through the Services.
From time to time, we run sweepstakes or contests through our Services or ask you to complete questionnaires or surveys. We use the information that you provide to administer the sweepstakes, contests, or surveys, to analyze results, to conduct research, to comply with legal requirements, to share information or offers we think may be of value or interest to you, and for other purposes as described in this Policy.
1.2 Personal Data We Collect Automatically
As you use our Services, some of your Personal Data are collected automatically. This Personal Data may include, but is not limited to, your internet protocol (“IP”) addresses; your device and browser type; your internet service provider (“ISP”); your operating systems; statistics on your activities through the Services, such as your login frequency or the length of time spent logged in; information about how you came to our Services; advertising metrics and links clicked within the Services; and/or information collected through cookies, web beacons, and other technologies as described below under “7. Cookies, Web Beacons, and Other Technologies”.
1.3 Personal Data We Collect From Third Parties
We may also collect Personal Data about you from third-party sources such as, though not limited to, event organizers, event timers, and other commercially and publicly available sources. For example, if you click through our Services to register for an event, the event organizer may provide us with your name, contact information, age, gender, and race time. The information we receive from third parties may be combined with the information we collect, including personally identifiable information that we collect about you.
You may also be able to choose to link your account with certain third party applications, such as Facebook or Google. When you link your account to one of these third party applications, we will request permission to access your basic information such as your name, profile picture, gender, networks, user ID, list of friends, and any other information you’ve made public on that application. For more information regarding linking your account with third party applications, please see “3.7 Third Party Applications” below.
1.4 Personal Data From Your Mobile Device
We may provide features that rely on the use of additional information on your mobile device or require access to certain services through your mobile device that will enhance your experience but are not required to use the Services. Granting us access to this information does not mean you are granting us unlimited access to that information or that we will access specific information without your permission. Some Personal Data from your mobile device, such as your mobile device ID, your operation system, your mobile carrier, and your IP address, are collected automatically when you use our Services. When using our Services through your mobile device, we will request permission to obtain your current location to provide you with location- related services. In the “Settings” function on your phone, you will have the ability to manually permit or preclude us from recording your geolocation information for certain features of the Services.
2. How We Use the Personal Data We Collect
2.1 Your Account
We may use the Personal Data that we receive or collect about you for purposes such as to register your account for certain Services we provide, to communicate with you regarding our products or, to register you for events and provide event start lists and results, to help facilitate your participation in fund raising activities or charity events, to improve our Services by providing personalized experiences, location customization, personalized help and instructions, and for such other customer service purposes. We may obtain additional Personal Data about you to keep our records current.
Third parties should note that we may use information we receive or collect regarding users (including without limitation via an event registration page) in accordance with the terms of this Policy. In certain contexts, we collect information on behalf of third parties that is subject to contractual requirements that limit our ability to use and transfer your information in ways that are narrower than those in this Policy. In those limited circumstances, your information is subject to those contractual requirements and not to this Policy, and is subject to enforcement by the applicable third party. If your information is collected on behalf of a third party, it will be evident at the time that you provide such information. This Policy does not cover a third party’s use of your information outside of our Services. You will need to contact that party directly to determine if your information is subject to such limitations on uses and to determine how the third party will make use of your information.
2.2 Our Business Use
We may use the Personal Data that we receive or collect about you for internal business purposes such as helping us improve the content and functionality of our Services, to better understand our users and how they use our Services, to improve the Services we offer, to develop new features or services, to manage your account, to provide you with customer service, to help improve our security and prevent fraud, to comply with all legal obligations and rights, and to generally manage the Services and our business.
2.3 Communications and Marketing
We may use the Personal Data that we receive or collect about you for communications purposes such as to provide you with information you have requested to receive from us in response to your opt-in requests, to send you electronic communications regarding events, news and updates, newsletters, and promotions, to send you promotional or marketing materials via electronic communications, to provide you with offers for third party products and services, and to inform you of new changes or updates to our Services. We may also use your Personal Data for marketing and advertising purposes such as advertising our Services on third party websites and in displaying targeted content and advertisements to you on or off our Services. For further information regarding electronic communications, please see “5.3 Opting Out of Electronic Communications” below.
3. How We Disclose and Transfer Your Personal Data
3.1 Not Selling Your Personal Data
We consider your trust in us regarding your Personal Data to be an important part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers. There are some circumstances, however, where we may disclose, transfer, or share your Personal Data with a third party without notice to you, as described below.
3.2 Business Transfers
3.3 Parent Companies, Subsidiaries, and Affiliates
3.4 Contractors, Consultants, and Service Providers
3.5 Event Organizers
When you register for an event through an event page or through a page on our Services, we will provide the Personal Data entered on the applicable page to the event organizer. If an event has a charity fundraising component to it, your Personal Data may be provided to that charity as well. An event organizer may appoint a third party, which may or may not be affiliated with the event organizer, to create an event page on its behalf, in which case, that third party may also have access to your Personal Data. By using our Services to register for an event, you agree that RaceYaya is not responsible for the actions of these event organizers or the third parties that they use with regards to your Personal Data. It is important that you review the applicable privacy policies of the event organizers, and if applicable, that of their appointed third parties, before providing Personal Data or other information in connection with an event.
3.6 Marketing Partners
We may share aggregate or anonymized information about users with third parties for marketing, advertising, research, or similar purposes. For example, if we display advertisements on behalf of a third party, we may share aggregate, demographic information with that third party about the users to whom we displayed the advertisements.
3.7 Third Party Applications
Some of our Services allow you to connect your RaceYaya account to third party services, like Facebook or Google Mail for example, through Single Sign On authorization (“SSO”). If you choose to connect your account with a third party application, that third party application may have access to certain Personal Data including, but not limited to, your name, username, email address, location, and age. Connecting your account may also allow a third party application to collect your IP address, which page(s) you are visiting on our Services, and may set a cookie for its feature(s) to function properly.
Additionally, that third party application may share some of your Personal Data on its service with RaceYaya, and your interactions with it on our Services may be shared with others within your social network. Depending on the application, your ability to adjust your account settings and the sharing of your Personal Data may reside in our Services or within the third party application. Please be aware that your ability to use SSO with third party applications may be impacted and/or prevented by any limitations you set with your Personal Data.
3.8 Legal Requirements
We may disclose, transfer, or share your Personal Data if required to do so by law or in order to respond to a subpoena or request from law enforcement agencies or courts, or to good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect or defend our rights, interests, or property, or that of third parties, (iii) prevent or investigate possible wrongdoing in connection with our Services, (iv) act in urgent circumstances to protect the personal safety of users of our Services or the public, or (v) protect against legal liability.
4. How We Secure Your Personal Data
We take your security seriously and strive to take reasonable steps to protect your information. No data transmission over the internet or information storage technology can be guaranteed to be 100% secure. Although we continue to evaluate and implement enhancements in security technology and practices, we can only implement measures and take steps to help reduce the risks of unauthorized access. You are also advised to take steps to protect your information and further minimize the likelihood that a security incident may occur.
The following is a summary of the measures we take to protect the Personal Data you provide us and an explanation on how we implement these measures:
4.1 Secure Socket Layer
We use Secure Socket Layer (“SSL”) encryption when transmitting certain kinds of information, such as payment information or Personal Data. An icon resembling a padlock is displayed in most browsers’ window or address bar during SSL transactions. For example, any time we ask for a credit card number for payment or for verification purposes, it will be SSL encrypted in its transmission to our third party payment gateway, Authorize.net, Dragonpay or Paypal. The information you provide will be stored securely on Authorize.net, Dragonpay or Paypal services. Once you choose to store or enter your credit card number in our Services, it will not be displayed back in its entirety. Instead of the entire number combination, you will only see asterisks and either the first four digits or the last four digits of your credit card number.
4.2 Secure Storage
We maintain reasonable physical, electronic, and procedural safeguards that comply with Philippine laws and regulations, and with International Privacy Policies to protect personal information about you.
4.3 Vendors and Partners
We work with vendors and partners to protect the security and privacy of user information. Our Services are hosted on a secure server which has its own procedures and controls to ensure data security.
4.4 Personnel and Contractor Access to Personal Data
We limit access to personal information to trained personnel who will or might come into contact with said information in the course of providing our products and services.
5. Choices You Have Regarding Your Personal Data
5.1 Accessing, Updating, Correcting, or Deleting Your Personal Data
Upon request, we will provide you with information about whether we maintain or process on behalf of a third party, any of your Personal Data. If your personal information changes, the Personal Data we collected about you is inaccurate, or if you wish to no longer use our services, you may also request that your Personal Data be corrected, amended, or deleted. Requests for access to your Personal Data and to have it corrected, amended, or deleted should be sent to [email protected] or to the mailing address provided under “Contact Us”. We will try to meet all requests regarding Personal Data, however, you may not be able to remove your personal information from archived web pages we no longer maintain, such as your name and race time from past events you’ve competed in. If we are unable to complete your access request, we will let you know we are unable to do so and why. We may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.
If your information has been shared with a third party, as described above, then that third party has received their own copy of your data. If you have been contacted by one of these third parties and you wish to correct or request deletion of your information, please contact them directly.
5.2 Limiting the Personal Data You Provide
You can browse our Services without providing any Personal Data (other than data automatically collected to the extent it is considered Personal Data under applicable laws) or by limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services.
5.3 Opting Out of Electronic Communications
RaceYaya may send you electronic communications marketing or advertising our Services or events. When you sign up and use our Services, you will be given the option to sign up for “RaceYaya News and Updates” and “Partner Offers” from us or other third parties. If at any time you would like to stop receiving the information that you have requested to receive from us, you may follow the opt-out instructions contained in any such electronic communication. Additionally, you may also manage your email preferences at any time through your account.
If you opt-out of receiving emails or promotions from us, we may still send you emails about your account or any Services you have requested or received from us, or for other customer services purposes. In addition, you may still receive emails sent by third parties through means other than our Services. If you opt-out of receiving information related to a particular event, you may still receive RaceYaya communications or communications from other organizers whose events you have attended, are registered to attend, or who have otherwise obtained your email address. You may have to unsubscribe from multiple emails before you stop receiving all communications related to events for which you registered through our Services.
5.4 Social Media Notifications
If you connect a third party application through SSO or sign up for other social media integrations, you may receive social notifications from these additional services or from RaceYaya’s Services. You can manage these social notifications by toggling your social settings to private or disconnecting such integration. For more information regarding connection of third party applications, see “3.7 Third Party Applications”.
6. Retention of Your Personal Data
We may retain your Personal Data as long as you are registered to use our Services. You may close your account by contacting us by email at [email protected] or by mail at the address listed under “13. Contact Us”. However, please be aware that we may retain Personal Data for an additional period as required under applicable laws. After we delete your Personal Data, it may exist on backup or archival media or servers for an additional period of time for legal, tax, or regulatory reasons, or for legitimate and lawful business purposes.
7. Cookies, Web Beacons, Etc.
7.1 What Cookies and Web Beacons Are
Cookies are small data files placed onto your computer or mobile device when you visit a website which allows our Services to distinguish you from other users, allow the Services to work properly, as well as to help monitor advertising effectiveness.
Web beacons work similar to cookies, however, instead of a file stored on your computer, web beacons are embedded invisibly on web pages.
7.3 Controlling Cookies
Cookies will prevent their ability to measure the relevance and effectiveness of our Services, emails, and advertising as well as to show you tailored advertising, however this does not mean you will no longer see any advertisements when you use our Services.
Users under the age of eighteen should use the website with adult supervision, including registration for an event. If you are aware of a user under the age of eighteen (18) who has provided Personal Data through our Services, please contact us at [email protected] Parents and legal guardians may choose to provide information about their children, even if under the age of eighteen (18), for the purposes of event registration on our Services. Please be aware that the results of all events, including name, age, gender, and results time, are made publicly available and published online after an event’s completion.
11.1 Personal Data Provided to Others
11.2 Third Party Links
11.3 Aggregated Personal Data
In an ongoing effort to better understand and serve the users of our Services, we often conduct research on our customer demographics, interests, and behavior based on Personal Data and other information that we have collected. This research may be compiled and analyzed on an aggregate basis. Please note that this aggregate information does not identify you personally and we therefore consider and treat this data as Non-Personal Data.
13. Contact Us
- By email at [email protected]
- By mail at:
- Runfitness Marketing, Inc.
- 67 Valenzuela St., San Juan City