Biometric Policy

This Biometric Policy sets out New York Road Runners’ (“NYRR’s”) data practices with respect to biometric data. For details on how we process information other than biometric data, please see our Privacy Policy. If you have any questions, please contact us through https://help.nyrr.org/s/contactsupport.

By consenting to this Biometric Policy, you acknowledge that you have read this Biometric Policy, and agree to the processing of your biometric data in accordance with its terms.

What is biometric data?

As used in this Biometric Policy, “biometric data” means data regarding an individual’s physical characteristics that can be used to identify the individual, such as fingerprints, voiceprints, facial shape, or scans of hand or face geometry. Biometric data includes “biometric identifiers” and “biometric information” as those terms are defined in the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1, et seq. and other applicable data protection laws, including those in New York City and New York State.

Photos are not biometric data, but biometric data can be made from processing photos using certain technology, as described below.

How we collect biometric data

When an NYRR licensed photographer takes a photograph of you during our races (a “Race Photo”), we collect those photos of you. As part of this process, we may apply software and algorithms against the photos to detect and analyze the general structure of your face and/or body. Some of the resulting data may be considered biometric data. While we may collect information about your appearance, we do not use it to infer race or ethnicity or to analyze your health. In accordance with our privacy policy, we may deidentify information so it is no longer considered personal identifying information under applicable law. Biometric identifiers will not be included in any deidentified data.

How we use biometric data

The primary purpose of collecting your biometric data is to provide accurate photographs of you during the race, for you to purchase. We may also use biometric data to improve our software and algorithms and for research, product development, and other internal business purposes.

We do not intend to sell, lease, trade, share in exchange for anything of value, or otherwise profit from the transaction of your biometric data.

How we disclose biometric data

We may disclose your biometric data in the following circumstances, as applicable:

  • to our course photography service providers in connection with the processing of the biometric data (we contractually prohibit our course photography service providers from retaining, using, or disclosing the biometric data for any purpose other than performing the services for us);
  • in connection with, or during negotiations of, any proposed or actual merger, purchase, sale, or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business; and
  • to comply with the law or defend our rights.

How we store and secure biometric data

We store, transmit, and protect your biometric data using a reasonable standard of care. Such storage and protection from disclosure will be performed in a manner that is the same as or more protective than the manner in which we store, transmit, and protect from disclosure other confidential and sensitive information. We retain and delete your biometric data in accordance with our retention and deletion schedule below.

How we retain and delete biometric data

Unless we are required to retain your biometric data for a longer period of time to comply with the law or defend our rights, we will retain your biometric data only until the first of the following occurs: (1) the initial purposes for collecting such biometric data have been satisfied; (2) you request deletion; or (3) three years have passed since your last interaction with us.

Your rights

You may initially decline to provide us with your biometric data, but this will result in you being unable to receive Race Photos. You may withdraw consent at any time for us to process your biometric data, provided that this withdrawal may result in us being unable to fulfill the service requested by you. To withdraw your consent, please contact us through https://help.nyrr.org/s/contactsupport. When you withdraw consent, we will delete your biometric data except where we are required to retain it to comply with the law or to defend our rights.

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