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Finis Philippines

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1st SUBIC BAY CASTLE SWIM CHALLENGE
FINIS SHORT COURSE SWIM COMPETITION SERIES - MINDANAO LEG
FINIS OPEN WATER SWIM CAMP
FINIS SHORT COURSE SWIM COMPETITION SERIES - VISAYAS LEG

By using, accessing or browsing the RACEYAYA webpage address (the “Site”), you signify that you have read these Terms of Service and agree to be bound by the same. Upon your use of the Site, these Terms of Service shall be a binding agreement between you and Rufitness Marketing, Inc. (hereinafter referred to as RaceYaya). If you do not agree or have reservations with respect to any provision of these Terms of Service, please exit this Site.

  1. Eligibility

    This Site is intended solely for the use of:

    • a) An individual at least 18 years of age who has the legal capacity to enter into binding agreements;
    • b) A corporation, branch office, or partnership registered and in good standing with the Philippine Securities and Exchange Commission (SEC), has a permanent place of business in the Philippines, and is duly represented by its designated account holder duly authorized to contract or fund loans on its behalf; or
    • c) A sole proprietorship duly registered with the Philippine Department of Trade and Industry (DTI). By creating and maintaining an account with this Site, you represent and warrant that you possess at least one of the foregoing eligibility requirements. You likewise authorize the Company to use all necessary means to verify your identity with any third party providers of information.
  2. Registration and Application

    In creating your account, you agree to provide the true, current, complete and accurate information about yourself that is required by the registration or application form. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to cancel your registration, reject any application you have submitted, and restrict your future use of this Site and our products and services. The Company reserves the right to reject any registration and/or in violation of these Terms of Service.

  3. Privacy

    You agree that the following personal information (hereinafter referred to as “Personal Information”):

    • First name, middle name, and last name
    • Permanent and residential address,
    • Contact number/s including a landline and mobile number,
    • Email address and your desired password,
    • Birth date,
    • Age,
    • Payment information, such as credit card and/or financial account information, bank account details, and details of government-issued ID,
    • Other profile data, such as occupation, gender and photo,
    • Other information from which the Client’s identity may not be apparent or which may not reasonably and directly identify the Client, such as, but not limited to, records of the Client’s visits and information submitted when using the website
    • Information of third parties, in each case with the consent and authority from th Client and to be used in emergency situations during an event and/or as may be specified therein,
    • Information from third parties, in each case with the consent and authority from the Client;
    • Traffic and usage information generated from the Client’s visits and use to the website; to be provided upon your registration in this Site or upon your application to avail any of the Site’s products and services shall be collected, used, processed, disclosed, retained, stored, and protected by the Company in accordance with the Privacy Policy and these terms and conditions:
    • a) The Personal Information may be collected through the following means: freely given, specific, and informed information provided by the Client upon visit any of the website and creating and/or accessing the same, cookies, flash cookies, tags, general log information, emails, Client browsing behavior, Client searches and transactions and referral information from third-party websites and other automated devices to collect information.
    • b) The Personal Information may be disclosed to the following: (i) RaceYaya, its sponsors and partners, affiliates and subsidiaries, agents (including collection agencies), and subcontractors; (ii) the government, regulatory agencies, and fraud prevention agencies for the purposes of identifying, preventing, detecting or tackling fraud, money laundering, or other crimes, and for other lawful purposes; and (iii) other entities as may be required by law or as the public interest may so warrant.
    • c) RaceYaya may use your Personal Information or other internet usage data as the RaceYaya may require in connection with the conduct of its business, such as, but not limited to: (i) identify you as user of the Site; (ii) contact you in relation to your registered account/s or requested information; (iii) processing your account/s as part of the registration process and/or participation in event/s; and (iv) to maintain internal records
    • d) RaceYaya shall dispose of your Personal Information for a period of one year from date of original entry in a secure manner that would prevent further processing, unauthorized access, or disclosure to any other party or the public, or prejudice your interest. The foregoing constitutes your express consent in accordance with Republic Act No. 10173, otherwise referred to as the Data Privacy Act or 2012 and its Implementing Rules and Regulations (promulgated 24 August 2016) as well as other applicable confidentiality and data privacy laws of the Philippines. You agree to hold RaceYaya, its officers, directors and stockholders, free and harmless from any and all liabilities, damages, actions, claims, and suits in connection with the implementation or processing of Personal Information in relation to your consent or authorization under these Terms of Service.
  5. User Content

    By submitting content to the Site, you expressly agree to the following:

    • a) You retain all ownership rights to the content you have uploaded on the Site.
    • b) You hereby grant RaceYaya a non-exclusive, transferable, sub-licensable, royalty-free, world license to use, reproduce, distribute, prepare derivative works of, display, and perform any information or content that you provide in connection with your use of the Site and its services, subject to the privacy provisions in these Terms of Service. You grant RaceYaya the right to review, delete, edit, modify, reformat, excerpt, or translate any of your information or content.
    • c) You are solely responsible for the content and information you make available through or in connection with our products and services. RaceYaya will not be liable for any use or misuse of your personal data by others.
    • d) All the information and content posted on the Site or privately transmitted through the Site or via other means in connection with the Site’s services are the sole responsibility of the person from which that content originated. RaceYaya will not be responsible for any errors in or omission of any information or content posted by a user.
    • e) RaceYaya may access and use the information recorded by credit reference and fraud prevention agencies for the purposes of assessing lending risks and identifying, preventing, detecting or tackling fraud, money laundering and other crimes.
  6. Responsibility for Account

    You are solely responsible for maintaining the confidentiality of your password and account. By creating and maintaining your account, you agree to honor all activities performed and obligations contracted using your account. If there is an unauthorized use of your account or a breach of its security, you hereby undertake to notify RaceYaya of the relevant circumstances immediately.

  7. Liability for Account Misuse

    RaceYaya will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by RaceYaya due to a third party using your account or password.

  8. Account Security

    While RaceYaya has performed adequate safeguards as required under the Data Privacy Act of 2012, RaceYaya does not guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your Personal Information at your own risk.

  9. Restrictions on Use

    You agree to abide by all applicable laws and regulations in your use of the Site and its products and services. In addition, you agree that you will not do any of the following:

    • a) register for more than one account (unless the additional account is for purposes of applying for and registering for additional products or services, or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;
    • b) post or otherwise make available content, or take any action on the Site, that may constitute libel or slander or that infringes or violates someone else’s rights or is protected by any copyright or trademark, or otherwise violates the law;
    • c) post or otherwise make available content that in RaceYaya’s sole judgment and discretion is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or otherwise objectionable, or which restricts or inhibits any other person from using or enjoying the Site, or which may expose RaceYaya or users of the Site to any harm or liability of any type;
    • d) post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
    • e) use the information or content on our Site to send unwanted messages to any other user;
    • f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
    • g) post or otherwise make publicly available on the Site any personal or financial information of any third party;
    • h) solicit passwords or personally identifying information for commercial or unlawful purposes;
    • i) use the Site or our products and services in any manner that could damage, disable, overburden or impair the Site;
    • j) harvest or collect email addresses or other contact information of other users from the Site by electronic or other means, including via the use automated scripts; or
    • k) post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  10. No Warranty; Errors

    The products and services on the Site are provided “as is” and without any representation or warranty. To the fullest extent permissible under applicable law, RaceYaya disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability. RaceYaya does not warrant the accuracy, adequacy or completeness of the information provided on the Site and expressly disclaims liability for any errors or omissions in such information. RaceYaya does not guarantee and promise any specific results from use of the Site and its products and services. RaceYaya shall not be responsible for what users post on the Site or any offensive, inappropriate, obscene, unlawful or otherwise objectionable content uploaded by other users on the Site. RUNRIO is not responsible for the conduct, whether online or offline, of any user of the Site or its products or services.

  11. Links

    RaceYaya is not responsible for the accuracy of the information, content, products or services offered by, or the information practices employed by sites linked to or from the Site. Since third party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.

  12. Termination

    RaceYaya may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of these Terms of Service. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to RaceYaya or any third party.

  13. Limitation of Liability

    To the fullest extent permitted by applicable law, in no event shall RaceYaya be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance. RaceYaya shall not be liable to you for any loss or damage which you may suffer as a result of being a member of the Site, except where such loss or damage arises from our breach of these Terms of Service or was caused by gross negligence, willful default or fraud by the Company or employees. RaceYaya shall also not be responsible for any breach of these Terms of Service arising from circumstances outside our reasonable control.

  14. Liability for Breach

    You shall be liable for any loss or damage suffered by RaceYaya and its users as a result of:

    • a) your breach of these Terms of Service or any loan agreement you have entered into pursuant to the Site’s services;
    • b) your fraudulent use of the Site; and
    • c) your provision of inaccurate, false or fraudulent data.
  15. Intellectual Property Rights

    The design, trademarks, service marks, and logos of the Site (“Marks”), are owned by or licensed to RUNRIO, subject to copyright and other intellectual property rights under the laws of the Philippines, foreign laws and international conventions. You may not use, copy, or distribute of any of the Marks found on the Site unless otherwise expressly permitted.

  16. Changes to Terms of Service

    RaceYaya may change these Terms of Service (“Updated Terms”) from time to time. Unless the changes in the Terms of Service are for legal or administrative reasons, RaceYaya will provide reasonable advance notice before the Updated Terms become effective by posting the Updated Terms on the Site.

    Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site.

  17. Miscellaneous
    1. In the event that any provision of these Terms of Service is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms of Service shall not be affected.
    2. You agree that all documents or notices that we wish to send you or are entitled to send you electronically may be delivered to your e-mail address which was provided upon registration.
    3. Subject to applicable law, all disclaimers, indemnities and exclusions in these Terms of Service shall survive termination of the agreement between us for any reason.
    4. No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.
    5. Unless expressly agreed in writing otherwise, these Terms of Service set out the entire agreement between you and us with respect to your use of the Site and supersede any and all representations, communications and prior agreements (written or oral) made by you or us.
    6. These Terms of Service are governed by and construed in accordance with Philippine law. In the event of any matter or dispute arising out of or in connection with these Terms of Service, you and RaceYaya shall submit to the exclusive jurisdiction of the courts of San Juan City.

Last updated on June January 1, 2019

ACCEPTANCE

I confirm having read and understood and agree to the foregoing Terms of Service.

  RACEYAYA AGREEMENT AND LIABILITY WAIVER

RACEYAYA AGREEMENT AND LIABILITY WAIVER ("Agreement and Waiver")

Please read the following agreement and waiver carefully, as it affects your future legal rights. By proceeding with registering for the event, you acknowledge and agree that you have carefully read the agreement and waiver and agree to the terms set forth below.

Though you still need to read the entire document, some of the key points of this Agreement and Waiver are highlighted here:

  • The activity for which you are registering (the “Event”) may be physically challenging and may pose a risk of discomfort, illness, injury, and even death. You need to be satisfied that you are physically capable of doing the Event without undue risk to your health or your life. We do not conduct health or fitness checks on entrants.
  • The Event may involve inherent risks and dangers to participants and observers and, accordingly, you participate or observe at your own risk.
  • Where you have registered or entered on behalf of anyone under the age of 18 or have accompanied anyone under the age of 18 to observe the Event, you also agree to the contents of this Agreement and Waiver on behalf of the person under 18.

In consideration of being permitted to register and/or participate in and/or observe the Event, on behalf of yourself and any personal representatives, assigns, heirs, executors, successors, next of kin, and persons supported by you (if relevant under the applicable laws), you understand that:

1. Authority to Register and/or to Act as Agent. You represent and warrant to Runfitness Marketing, Inc. (RaceYaya) that you have full legal authority and capacity to complete the registration for the Event, including this Agreement and Waiver, on behalf of yourself and/or, where applicable, any party for whom you are registering (the “Registered Parties”), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, (a) Runfitness Marketing, Inc. (RaceYaya) refers to, its partners, distributors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with RaceYaya singly or together and its and each of their officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b) “you” or “your” means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.

If you are registering a child under the age of 18 or an incapacitated adult, you represent and warrant that you are the parent or legal guardian of that party and have the legal authority and capacity to enter into this Agreement and Waiver on his/her behalf and by proceeding with registration for the Event, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold RaceYaya harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature (each, a “Liability” and collectively “Liabilities”) in the event the Liability arises because a Registered Party is found by a court of competent jurisdiction to not be bound by the terms and conditions of this this Agreement and

Waiver. In addition, if, despite this Agreement and Waiver, any of the Registered Parties makes a claim against RaceYaya, you agree, immediately upon request or demand by RaceYaya to defend, indemnify, and hold RaceYaya harmless from all Liabilities which may be incurred as the result of such claim.

2. Assumption of risk. In consideration of the acceptance of your registration and participation in the event, you assume full and complete risk and responsibility for any discomfort, illness, injury, or accident which may occur while you are preparing for the event, during the event, while you are on the premises of the event, or while you are traveling to or from the event. You understand that participating in the event may be hazardous, and that you should not enter and participate unless you are medically able and properly trained. You should consult your doctor before participating in the event. It is your responsibility to check and to ensure that you are at all times medically and physically fit to participate in the activities related to the event. You acknowledge and agree that the event may be held over public roads and facilities open to the public during the event and upon which hazards are to be expected. You also acknowledge and agree that participation in the event may carry with it certain inherent risks and dangers that cannot be eliminated completely ranging from risk of minor discomfort to catastrophic injuries including permanent disability and death. You are aware of and assume all risks associated with participating in the event, including without limitation risks of permanent injury or death due to falls, obstacles, contact with other participants, acts or omissions of other participants, effect of weather, traffic and conditions of any road.

3. Representations. You represent and warrant that you are in good physical condition, are able to safely participate in the Event, and have no medical condition that would make your participation in the Event more hazardous. You consent to medical care and transportation in order to obtain treatment in the event of injury to you and understand that this Agreement and Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the Event (where such medical expenses are not provided on a free of charge basis by any medical services organizations, clinics, or hospitals), including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by RaceYaya or the Event organizer and to abide by any decision of any Event official relative to your ability to safely participate in or attend the Event. You understand and agree that you are expected to exhibit appropriate behavior at all times while at the Event and to obey all applicable laws while participating in or attending the Event. This includes, generally, respect for other people, equipment, facilities or property. You agree that Event officials may dismiss you, without refund, should your behavior, in the opinion of RaceYaya or the Event organizer, endanger the safety of or negatively affect the Event. You understand and agree that you are responsible for taking care of your own personal belongings during the Event and, to the maximum extent permitted by law, neither RaceYaya nor the Event organizer is responsible for any personal item or property that is lost, damaged or stolen at the Event. You understand and agree that the Event organizer reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots, or for any reason that would affect the safety and security of Event participants and/or spectators or the feasibility of the Event to be held. In the event of such cancellation or any other cancellation for any reason, there will be no refund of your payment unless authorized and paid by the Event organizer. You agree to hold RaceYaya harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys’ fees) of any kind or nature, related to any cancellation or disruption of the Event.

4. Release and waiver of liability. You hereby waive, release, covenant not to sue and forever discharge RaceYaya and all other persons associated with the event, for all liabilities, claims, actions, or damages that you may have against them arising out of or in any way connected with your registration and/or participation in the event, including without limitation any liabilities, claims, actions, or damages caused by negligence of the above parties (including any negligent rescue attempt), the action or inaction of any of the above parties, or otherwise. RaceYaya shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if RaceYaya has been advised of the possibility of such damages). Without limiting the foregoing, RaceYaya will not be responsible for (a) the use or the inability to use the RaceYaya sites, products or services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the RaceYaya sites; (c) your participation in any promotion or program coordinated by RaceYaya; (d) personal injury; (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on the RaceYaya sites; (g) any other matter relating to the RaceYaya sites, or RaceYaya products or services; or (h) your participation in the event. You agree that RaceYaya’s maximum liability to you, for any reason or cause whatsoever, shall not exceed the total amount of monies received by RaceYaya from you. Nothing in this agreement and waiver shall be construed as limiting or excluding RaceYaya's or the event organizer's liability for: (a) death or personal injury caused by gross negligence; (b) fraud or fraudulent misrepresentation; or (c) any other matter for which it would be illegal or unlawful to exclude or attempt to exclude liability. Your statutory rights as a consumer are not affected by this agreement and waiver.

5. Indemnity. You agree to indemnify, defend, and hold harmless RaceYaya and all other persons associated with the event, from all liabilities arising out of or in any way connected with (a) your participation in the event, including without limitation any liability caused by negligence (including any negligent rescue attempt), the action or inaction of RaceYaya, (b) your use of RaceYaya, or (c) any violation by you of any terms of this agreement and waiver and/or the terms of use located at Term of Use and Services

6. Disclaimer of warranties. You expressly agree that use of RaceYaya’s services is at your sole risk. The services are provided on an “as is” and “as available” basis. RaceYaya makes no warranty that RaceYaya sites’ services will be uninterrupted, secure, or error free. RaceYaya expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement.RaceYaya does not guarantee the accuracy or completeness of any information on, or provided in connection with, the RaceYaya sites. RaceYaya is not responsible for any errors or omissions, or for the results obtained from the use of such information.

7. Use of Likeness. You hereby irrevocably grant RaceYaya and the Event organizer permission to record your voice and photograph you in conjunction with the Event. You understand and agree that the term "photograph" as used herein encompasses both still photographs and video recordings. You further grant RaceYaya and the Event organizer permission to use your photograph, voice, and likeness taken in conjunction with the Event, in any form, including edited versions, in or over any medium including without limitation streaming audio and/or video over the internet, broadcast, cable, satellite transmissions, and media that are unknown at this time, worldwide for any legitimate purpose including, without limitation, any commercial purpose, without compensation to you. Your further waive any right of inspection of any such recordings and photographs. You understand that any such recordings and photographs recorded by RaceYaya and/or the Event organizer shall become the sole property of RaceYaya and/or the Event holder, as applicable.

8. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement and Waiver shall be deemed amended accordingly.

9. Acceptance. By indicating your acceptance of this agreement and waiver, you are affirming that you have read this agreement and waiver and fully understand its terms. You understand that you and all registered parties are giving up substantial rights, including the right to sue. You acknowledge that you are agreeing to this agreement and waiver freely and voluntarily, and intend by your acceptance to be a complete and unconditional release of all liability to the greatest extent allowed by law. If the participant is a minor or incapacitated adult, you certify that you are the participant's parent or guardian and agree to this waiver and release from liability on behalf of the participant.

10. Applicable Law; Consent to Jurisdiction; Other Jurisdiction-Specific Provisions. You agree that this Agreement and Waiver is governed by the law of your place of residence and event venue and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the location of the event for all matters relating to this Agreement and Waiver.

  DATA PRIVACY POLICY
DATA PRIVACY POLICY

Runfitness Marketing, Inc. and its subsidiaries (collectively, “RaceYaya,” “we,” “us,” or “our”) respect your privacy and are committed to protecting your personal information.

This Privacy Policy (“Policy”) describes our policy on collection, use, processing, storage, retention, sharing, and/or disclosure of information that we obtain from your use of our websites, mobile apps, products, and services (collectively, “Services”). This information includes information that can be associated with a person/or could be used to identify a person (“Personal Data”), as well as information that does not relate to a person or cannot be used to identify a person (“Non-Personal Data”). The limitations and requirements pertaining to our collection, use, processing, disclosure, sharing, transfer, and storage/retention of Personal Data as set forth in this Policy do not apply to Non-Personal Data.

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
  1. Personal Data We Collect
  2. How We Use the Personal Data We Collect
  3. How We Disclose and Transfer Your Personal Data
  4. How We Secure Your Personal Data
  5. Choices You Have Regarding Your Personal Data
  6. Retention of Your Personal Data
  7. Cookies, Web Beacons, and Other Technologies
  8. Children
  9. International Privacy Laws
  10. Terms of Service
  11. Exclusions
  12. Changes to This Privacy Policy
  13. 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

There may come a time when we sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, Personal Data may be considered part of the transferred assets. By using our Services, you acknowledge and agree that any successor to RaceYaya (or its assets) will continue to have the right to use your Personal Data in accordance with this Privacy Policy.

3.3 Parent Companies, Subsidiaries, and Affiliates

We may disclose, transfer, or share your Personal Data with our parent companies, subsidiaries, and/or affiliates for purposes according to this Privacy Policy. Any Personal Data disclosed, transferred, or shared with our parent companies, subsidiaries, and/or affiliates will be done so in a manner consistent with this Privacy Policy.

3.4 Contractors, Consultants, and Service Providers

We may disclose, transfer, or share your Personal Data with our contractors, consultants, and/or service providers who process Personal Data and/or perform certain business-related functions on behalf of RaceYaya. These companies may include, but are not limited to, marketing agencies, personal information processors, database service providers, backup and disaster recovery service providers, email service providers, and others. When we engage another company to perform such business-related functions that may require access to Personal Data, these companies will agree to maintain the confidentiality, security, and integrity of such Personal Data in accordance with this Privacy Policy. The access that these companies receive will be limited to such Personal Data needed to successfully complete the business- related function they have been engaged for.

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 disclose, transfer, or share your Personal Data to third parties with whom we have marketing, promotional, or other advertising relationships. These third parties may use your information to market products and services We may combine the Personal Data that we collect about you with other information that we obtain from third parties. This information may be used to help us determine what advertisements to direct to you, to place on our websites, or where to advertise our Services. You have the ability to opt-out of certain uses of your information, as well as the ability to opt-in to receiving certain information from us and these third parties as discussed below in “5.3 Opting Out of Electronic Communications”. These third parties may also use cookies, JavaScript, web beacons, and other technologies to measure the effectiveness of their ads and to personalize advertising content. For further information about the use of third party technologies, please see “7. Cookies, Web Beacons, Etc.”.

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.

At times, our Services may contain links to other third party websites and services. Any access to and use of such linked websites is not governed by this Privacy Policy, but is governed by the privacy policies of those third party websites and services. We are not responsible for the information practices and policies of such third party websites and services.

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.

A third party application’s use of information collected from you (or as authorized by you) is governed by the third party application’s Privacy Policy and your settings on its service, and that RaceYaya’ use of such information is governed by this Privacy Policy and your RaceYaya account settings. RaceYaya is not responsible for the collection and use of your information by third party applications.

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.

Please be aware that you cannot unsubscribe from update communications about our Services unless you deactivate your account. If you wish to close your account, please email [email protected]. Even after you opt-out of all communications, we will retain your Personal Data in accordance with this Privacy Policy, as provided under “6. Retention of Your Personal Data”, though we will no longer use it to contact you. However, third parties who have received your Personal Data in accordance with this Privacy Policy may still use that Personal Data to contact you in accordance with their own privacy policies. You will need to contact those third parties in order to have your information deleted from their records as well. If you wish to not have your Personal Data shared with third parties for the creation and display of targeted advertisements, you will need to close your account. You can do so by emailing us at [email protected].

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.

We use cookies, web beacons, tags, and other similar tracking technologies to track when you visit our websites and mobile applications (collectively, “Cookies”). We also allow third parties to place Cookies on our Services to assist with advertising.

7.2 How We Use Cookies

There are several reasons we use Cookies on our Services. Some of these Cookies are necessary for technical reasons and help our Services to operate as intended for your benefit (“Essential Cookies”), such as access to secure areas of the Services. Other types of Cookies are used for analytical purposes such as how our Services are being used, the effectiveness of advertising shown as you use the Services, and to customize advertising to you (“Analytical Cookies”). While these types of Cookie help us create new features, improve on our existing Services, and provide advertisements of interest to you, our Services can function without them.

7.3 Controlling Cookies

You have the right to decide whether to accept or reject Cookies. You can exercise your Cookie preferences by activating the setting on your web browser that allows you to refuse the setting of all or some Cookies. However, if you use your browser settings to block all cookies (including Essential Cookies), you may not be able to access or use all or parts of our Services. If you have not adjusted your browser setting so that it will refuse cookies, our system will issue Cookies as soon as you visit our Services. Blocking or deleting Cookies will not prevent device identification and related data collection from occurring when you access our Services. Turning off Analytical

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.

8. Children

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.

10. Terms of Use

Your use of our Services, as well as any dispute over privacy, is subject to this Privacy Policy and our Terms of Service, available at ADD LINK TO OAGE HEREA and incorporated by reference here.

11. Exclusions

11.1 Personal Data Provided to Others

This Privacy Policy does not apply to any Personal Data that you provide to another user or visitor through the Services or through any other means, including those provided to organizers on event pages or information posted by you to any public areas of the services.

11.2 Third Party Links

This Privacy Policy applies only to the Services we offer. The Services may contain links to other websites not operated or controlled by us (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

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.

12. Changes to This Privacy Policy

RaceYaya reserves the right to update or modify this Privacy Policy at any time. If we make changes to this Privacy Policy, we will post the revised Privacy Policy to our website with a changed “Last Updated” date at the top of this Privacy Policy. All changes are effective 30 days after posting. Your continued use of Services following the effectiveness of any changes constitutes acceptance of those changes. If you do not agree with any of the changes to the Privacy Policy, you should cease accessing, browsing, or otherwise using of the Services we provide, and close your account by emailing us at [email protected].

13. Contact Us

We regularly review our practices regarding Personal Data and this Privacy Policy. If you have questions, comments, or concerns about this Privacy Policy, please contact us at:

  1. By email [email protected]
  2. By mail at:
  • ATTN:
  • Runfitness Marketing, Inc.
  • 67 Valenzuela St., San Juan City