IF YOU ARE UNDER 16 (SIXTEEN) YEARS OLD, PLEASE TALK TO YOUR PARENTS BEFORE USING THE WEB SITE OR PROVIDING YOUR NAME OR OTHER PERSONAL INFORMATION TO THE WEB SITE. YOU CANNOT SUBMIT INFORMATION TO THE WEB SITE WITHOUT YOUR PARENT'S PERMISSION (OR A PERSON WITH PARENTAL RESPONSIBILITY FOR YOU).
WHO WE ARE
We are ATP Tour, Inc., (incorporated and existing under the laws of the State of Delaware and with its principal office at 201 ATP Tour Boulevard, Ponte Vedra Beach Florida, Florida 32082, United States).
ATP collects, uses and is responsible for certain personal information about you. When we do so we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal information for the purposes of those laws. We are registered with the UK Information Commissioner’s Office under registration number ZA339610.
Our Data Protection Officer is Murray Swartzberg.
If you have any questions about our privacy notice or your information, or to exercise any of your rights as described in this privacy notice or under data protection laws, you can contact our Data Protection Officer at:
Our appointed representative in the European Economic Area (EEA)
As we are based in Florida, USA, we have appointed ATP London to be our representative within the EEA. Their contact details are:
London W14 9EB
Email: [email protected]
1. Personal information we collect
2. What we do with your personal information
3. Promotional communications
4. Disclosure of your personal information to third parties
5. International transfers
6. Security of your personal information
7. How long we keep your personal information
8. Access to and updating your personal information
9. Right to object
10. Your other rights
11. Exercising your rights
12. Children’s privacy
1. PERSONAL INFORMATION WE COLLECT
(a) Information you provide to us: you can visit the Website without disclosing any information about yourself. However, to participate in any interactive features including, but not limited to, contests with prizes and giveaways, forums, games, downloads of content, receive information from ATP such as mobile alerts, newsletters or email regarding news, results, ATP products, tickets alerts, and partners’ offers, (collectively, the "Services"), we may ask you to provide all or some of the following categories of information:
|Categories of personal data||Type of data|
|Name and contact details||
If you choose not to provide such information, it is possible that some of the interactive features of our Services will not function.
2. WHAT WE DO WITH YOUR PERSONAL INFORMATION
The purpose for which we use and process your information and the legal basis on which we carry out each type of processing is explained below.\
|Categories of personal data||Type of data|
|Name and contact details||
Where we rely on legitimate interests as a lawful basis, we will carry out a balancing test to ensure that your interests, rights and freedoms do not override our legitimate interests. If you want further information on the balancing test we have carried out, you can request this from us using the contact details set out above.
Where you provide consent, you can withdraw your consent at any time and free of charge, but without affecting the lawfulness of processing based on consent before its withdrawal. You can withdraw your consent by contacting our Data Protection Officer as provided in Contacting Us above.
3. PROMOTIONAL COMMUNICATIONS
We will not send you any unsolicited promotional communications. We will only send you emails or other promotional communications where you have signed up to receive these.
You have the right to opt out of receiving email or text promotional communications from us at any time by:
• contacting our Data Protection Officer using the contact details set out above; or
• using the “unsubscribe” link in emails or text messages.
If you would like to close your account with us and delete your profile, please contact us our Data Protection Officer using the contact details set out above.
4. DISCLOSURE OF YOUR PERSONAL INFORMATION TO THIRD PARTIES
ATP will share such information with its staff, consultants, partners, sponsors and affiliates as necessary to provide the Services you request from us.
Personal information will also be shared with our third party service providers who assist with the running of the Website and our Services, including data hosting, website support, marketing, and IT services; including:
Our third party service providers are subject to security and confidentiality obligations and are only permitted to process your personal information for specified purposes and in accordance with our instructions.
In addition, ATP will disclose personal information about you:
- if we are under a duty to disclose or share your personal information in order to comply with any legal obligation or lawful government or public authority request.
- in the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
- in the event all or substantially all of our assets and our Website are acquired by a third party, in which case personal information held by us about you will be one of the transferred assets.
- if necessary to operate our systems properly or to protect your vital interests or the vital interests of another person.
5. INTERNATIONAL TRANSFERS
The personal information we receive will be transferred to, and stored, at locations outside of the European Economic Area (“EEA”) for the purposes of processing by us and by third party service providers that work for ATP. This includes the USA, Monaco and Australia.
Where personal information is transferred to and stored in a country not determined by the European Commission as providing adequate levels of protection for personal information, we take steps to provide appropriate safeguards to protect your personal information, including:
• entering into standard contractual clauses approved by the European Commission, obliging recipients to protect your personal information as permitted under Article 46(2)(c) GDPR;
• under the EU-U.S. Privacy Shield Framework (where we transfer personal information to the U.S.), which enables U.S. business to self-certify as a means of complying with EU data protection laws.
In the absence of an adequacy decision or of appropriate safeguards as referenced above, we will only transfer personal data to a location outside of the EEA where one of the following applies (as permitted under Article 49 GDPR)):
• the transfer is necessary for the performance of our contractual engagement with you;
• the transfer is necessary for the establishment, exercise or defence of legal claims; or
• you have provided explicit consent to the transfer.
If you want further information on the specific mechanism used by us when transferring your personal information out of the EEA, please contact us using the details set out above.
6. SECURITY OF YOUR PERSONAL INFORMATION
ATP is strongly committed to ensuring the security of any personal information that we obtain through our Website.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personal information. Only authorised personnel and third party service providers are permitted access to personal information, and that access is limited by need.
Where data processing is carried out on our behalf by a third party, we take steps to ensure that appropriate security measures are in place to prevent unauthorised disclosure of personal information.
Despite these precautions, however, ATP cannot guarantee the security of information transmitted over the Internet or that unauthorised persons will not obtain access to personal information. In the event of a data breach, ATP have put in place procedures to deal with any suspected breach and will notify you and any applicable regulator of a breach where required to do so.
7. HOW LONG WE KEEP YOUR PERSONAL INFORMATION
Your personal information will not be kept for longer than is necessary for the purposes for which it was collected and processed.
The criteria we use for retaining your personal information, includes the following:
• Registered users – we will retain your information for so long as you are registered to receive newsletters and other communications from ATP. After you have ceased to be a registered user, we will retain your information for a period of 2 years.
8. ACCESS TO AND UPDATING YOUR PERSONAL INFORMATION
You have the right to access information which we hold about you (“data subject access request”). We may refuse to comply with a subject access request if the request is manifestly unfounded or excessive or repetitive in nature.
You also have the right to receive your personal information in a structured and commonly used format so that it can be transferred to another data controller (“data portability”). The right to data portability only applies where your personal data is processed by us with your consent or for the performance of a contract and when processing is carried out by automated means.
We want to make sure that your personal information is accurate and up to date. You may ask us to correct or remove information you think is inaccurate. Please keep us informed if your personal information changes during your relationship with us. We may refuse to comply with a request for rectification if the request is manifestly unfounded or excessive or repetitive.
9. RIGHT TO OBJECT
You have the right to object at any time to our processing of your personal information for direct marketing purposes.
Where we process your information based on our legitimate interests
You also have the right to object, on grounds relating to your particular situation, at any time to processing of your personal information which is based on our legitimate interests. Where you object on this ground, we shall no longer process your personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
10. YOUR OTHER RIGHTS
You also have the following rights under data protection laws to request that we rectify your personal information which is inaccurate or incomplete.
In certain circumstances, you have the right to:
• request the erasure of your personal information erasure (“right to be forgotten”);
• restrict the processing of your personal information to processing in certain circumstances.
Please note that the above rights are not absolute and we may be entitled to refuse requests, wholly or partly, where exceptions under the applicable law apply. We may refuse a request for erasure, for example, where the processing is necessary to comply with a legal obligation or necessary for the establishment, exercise or defence of legal claims. We may refuse to comply with a request for restriction if the request is manifestly unfounded or excessive or repetitive in nature.
11. EXERCISING YOUR RIGHTS
You can exercise any of your rights as described in this privacy notice and under data protection laws by contacting us as provided in Contacting Us above.
Save as described in this privacy notice or provided under data protection laws, there is no charge for the exercise of your legal rights. However, if your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may either: (a) charge a reasonable fee taking into account the administrative costs of providing the information or taking the action requested; or (b) refuse to act on the request.
Where we have reasonable doubts concerning the identity of the person making the request, we may request additional information necessary to confirm your identity.
12. CHILDREN’S PRIVACY
The safety of children, both online and off line, is important to ATP and all of its members. So, if you are under the age of 16, please ask your parents to look at this page with you before you submit any personal information to the ATP Website.
Parents/persons with parental responsibility: this Website is a general audience Website. We do not knowingly collect and/or share personal information from children under the age of sixteen on the Website, without consent from a parent or person with parental responsibility. However, your child cannot use some of the interactive features or Services of the Website, such as the Contest or Message Features, without providing personal information. We therefore strongly recommend using the Website with your child if he or she is interested in participating in an interactive feature of the site. If, in the future, ATP collects personal information from children, it will do so in compliance with the Children's Online Privacy Protection Act of 1998 and applicable data protections laws.
From time to time ATP may place a cookie on your computer. A "cookie" is a small line of code that is stored in your browser when you visit a cookie-enabled Website. A cookie allows us to track and keep records on user activity. Most browsers are initially set to accept cookies.
You can find more information about how to manage cookies for all the commonly used internet browsers by visiting www.allaboutcookies.org. This website will also explain how you can delete cookies which are already stored on your device.
We also use "Google Analytics" on the Website. This cookie provides us with a visitor count and an understanding of how visitors move around and use the website. We can then use this information to improve navigability and the Website generally.
We are obliged by Google Analytics to state the following:
We hope that we or our Data Protection Officer can resolve any query or concern you raise about our use of your information. If you have questions or concerns about our use of your personal information, please send an email with the details of your question or concern to [email protected]
You also have the right to complain to a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk or telephone: 0303 123 1113.
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