Privacy policy

Tropical Racing, Inc., a Florida corporation (“Company,” “we,” “us,” or “our”), owns and operates the portal website located at www.tropicalracing.com (the “Portal”), where you can browse, evaluate, and access investment opportunities involving fractional ownership interests in racehorses, stallions, and multi-horse “venture” packages, purchase units in such offerings as investments, complete the investment process electronically, including payment processing, execute purchase agreements and related investment documents electronically, and manage, monitor, and track your horse investment holdings (collectively, with the Portal, the “Services”). Capitalized terms used herein but not defined have the meanings given to them in the Terms of Use.

This Privacy Notice explains how we collect, use, disclose, retain, and protect personal information, and the rights and choices that may be available to you. “Personal information” means information that identifies, relates to, or could reasonably be linked, directly or indirectly, with an identified or identifiable individual, as further defined by applicable law. This Privacy Notice does not cover data we, or our authorized third-party vendors or partners, collect that cannot be used to identify an individual or to pseudonymous data. If we are in possession of any deidentified data, we commit to maintaining and using deidentified data without attempting to reidentify such data.

This Privacy Notice applies to the following individuals:

This Privacy Notice does not apply to third-party websites, applications, or services, and it does not apply to information about our own personnel or job applicants, which is addressed in separate notices. Further, this Privacy Notice also does not apply to information collected by us through any other means, including on any other website operated by Company or any third party that does not link to this Privacy Notice.

If you are a User, this Privacy Notice is incorporated into the Terms of Use with the Company as Exhibit A (“Terms of Use”). The Services are designed for Users located in the United States, and personal information is processed and stored in the United States. Please read this Privacy Notice carefully. By accessing or using the Services, you agree to the collection, use, and sharing of your information as described in this Privacy Notice. This Privacy Notice may change from time to time (see Changes to Our Privacy Notice). Your continued use of the Services after we make changes as described here is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates.

2.1Information you provide to us

Account and registration information

Name, email address, telephone number, mailing address, username, password, profile photo, and other information provided when an Account is created or managed.

Investment ownership information

Ownership percentages and history, transaction amounts and payment status, and signed agreement records.

Signature evidence

Signature evidence including IP address and geolocation data when you execute agreements through the Portal.

Communications

Information contained in your messages to us, including support requests, AI assistant conversation history linked to your Account, feedback, and survey responses.

Payment information

Payments are processed by our payment processor, Stripe. We receive limited transaction information (such as name, Stripe customer ID, payment method type, and transaction amount and status), but we do not receive or store full payment card numbers or bank account numbers. Stripe’s privacy policy is available at https://stripe.com/privacy.

Some of the information identified above may be considered sensitive data under certain applicable laws. If required under applicable law, we will collect and process sensitive personal data only with your consent. If you choose not to provide or allow us to collect some information, we may not be able to provide you with requested features, services, or information as part of the Services.

2.2Information we collect automatically

When you visit the Portal, we and our service providers collect:

Device and usage information

IP address, approximate geographic location derived from your IP address, device type and identifiers, browser type, operating system, referral source, pages viewed, links clicked, and the dates and times of access.

Cookies and similar technologies

As described in Section 5.

These third parties may use tracking technologies to collect information about you when you use the Portal or the Services. The information they collect may be associated with your personal data or they may collect information, including personal data, about your online activities over time and across different websites, apps, platforms, and other online services. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible service provider directly.

2.3Information we receive from others

We may receive personal data about you from other sources and combine that with information we collect directly from you. For example, we may obtain information about you from service providers that we engage to perform services on our behalf, such as transaction status from Stripe, email delivery data from Resend, document execution confirmations from DocuSign, authentication data from Google’s and Microsoft Office’s authorization services, and contact synchronization data from HubSpot.

2.4Aggregated and de-identified information

We may create and use aggregated or de-identified information that can no longer reasonably be linked to an identifiable individual. Where we maintain de-identified information, we will maintain and use it only in de-identified form and will not attempt to re-identify it, except as permitted by law to test our de-identification processes.

We use personal information for the following purposes:

To provide and operate the Services

Creating and administering accounts; processing racehorse ownership unit purchases; managing ownership percentages and records; executing and storing signed agreements; and providing investment tracking and reporting.

Billing and payments

Processing fees and payments through Stripe and managing invoices and collections.

Communications

Sending service, transactional, and administrative messages; responding to your inquiries and requests; and delivering email communications.

Analytics and improvement

Analyzing how the Services are used, developing new features, and improving user experience, which we generally prepare on an aggregated or de-identified basis.

Security, fraud prevention, and enforcement

Protecting the security and integrity of the Services; detecting, investigating, and preventing fraudulent, abusive, or illegal activity; and enforcing our agreements and this Privacy Notice.

Legal compliance

Complying with applicable laws, regulations, legal process, and governmental requests, and establishing, exercising, or defending legal claims.

Corporate transactions

Evaluating or completing a merger, acquisition, financing, reorganization, bankruptcy, or sale of some or all of our assets.

With your consent

With your consent or at your direction, and for other purposes described to you at the time of collection.

We do not use personal information to make automated decisions that produce legal or similarly significant effects concerning you (such as decisions concerning lending, housing, insurance, education, or employment), and we do not build individual behavioral profiles of Users.

We do not collect, use, or sell personal data for the purpose of training large language models. However, we do use third-party generative artificial intelligence technologies (“AI”), including OpenAI’s models and Tavily’s web research capabilities, to power certain features of the Services, specifically: (i) providing an AI assistant for User support and inquiries; and (ii) conducting web research for internal data enrichment.

The information submitted to these AI features may include your inquiries and business-related questions, and, depending on how the feature is implemented, information from the Portal’s databases that is relevant to responding to your request, including horse, race, offering, and transaction data. For the avoidance of doubt, the AI assistant is designed to have read-only access to certain databases, and access to Account information and credential tables is blocked. Conversations with the AI assistant are stored on our servers. We do not submit your payment card numbers or bank account numbers to AI tools.

AI-generated responses may contain errors or inaccuracies. You are responsible for reviewing AI-generated information before relying on it. Our AI providers process the information submitted to these features in order to provide the features to us, under contractual terms that restrict their use of that information.

We and our service providers use cookies, pixels, software development kits, and similar technologies on the Portal. These technologies fall into two categories:

You can manage cookies through your browser settings and through the industry opt-out pages at https://optout.aboutads.info and https://optout.networkadvertising.org. You may also use the Global Privacy Control, as described in Section 8.5. Blocking some technologies may affect the functionality of the Services. Some browsers offer a “Do Not Track” signal. We do not respond to Do Not Track signals, but we do honor the Global Privacy Control as described in Section 8.5.

We disclose personal information as follows:

Horse Investments

In connection with your purchase of units in a Horse Investment and the administration of your Horse Investments, we disclose personal information to the extent necessary to complete and administer the transaction, including by sharing information with you through the Portal and by providing transaction-related notices, records, and documents, including purchase agreements and related investment documents, and maintaining records of your ownership interests and transaction history.

Service providers and contractors

Vendors and personnel that perform services for us, listed below. Service providers are permitted to use personal information only to perform services for us.

• StripePayment processing
• DocuSignE-signature services
• ResendEmail delivery
• SupabaseDocument and file storage
• NeonDatabase hosting
• VercelApplication hosting
• InngestBackground job processing
• OpenAI · TavilyArtificial intelligence services
• Google · MicrosoftAuthentication services
• HubSpotCustomer relationship management
• TwilioText message delivery

Affiliates

Companies related to us by common ownership or control, which will handle personal information consistent with this Privacy Notice.

Corporate transactions

In connection with a merger, acquisition, financing, reorganization, bankruptcy, or sale of some or all of our business or assets, personal information may be disclosed to the parties to the transaction and their advisors, subject to customary confidentiality protections.

Legal and safety

To comply with applicable law, regulation, legal process, or governmental request; to respond to lawful requests from law enforcement or regulators; to enforce our agreements and policies; and to protect the rights, property, or safety of the Portal, our Users, or the public.

With your consent

With your consent or at your direction.

We do not sell personal information in exchange for money or other remuneration. We do not share personal information with third parties for cross-context behavioral advertising or targeted advertising.

We retain personal information for as long as reasonably necessary for the purposes described in this Privacy Notice, unless a longer retention period is required or permitted by law. To determine the appropriate retention period, we consider the nature and sensitivity of the information, the purposes for which we process it and whether those purposes can be achieved by other means, the status of the relevant account, and applicable legal, accounting, tax, dispute-resolution, and enforcement requirements. When personal information is no longer needed, we delete it, de-identify it, or securely dispose of it. Please note that in the event of a merger, acquisition, corporate change, or bankruptcy, we may share or transfer your personal information as part of a transfer of our assets to the acquiring entity.

8.1Communications

Users may manage email communication preferences through the unsubscribe mechanism included in our emails or by contacting us as described in Section 15. Even if you opt out of promotional messages, we may still send you transactional and service-related communications.

8.2U.S. state privacy rights

As of the Effective Date, comprehensive consumer privacy laws are in effect in the following states. Depending on your state of residence, and subject to the conditions, thresholds, and exemptions of the applicable law, you may have the right to:

• California
• Colorado
• Connecticut
• Delaware
• Florida
• Indiana
• Iowa
• Kentucky
• Maryland
• Minnesota
• Montana
• Nebraska
• New Hampshire
• New Jersey
• Oregon
• Rhode Island
• Tennessee
• Texas
• Utah
• Virginia

Know and access

Confirm whether we process your personal information and obtain access to it, including the categories collected, the purposes of processing, the categories of recipients, and (in some states) the specific pieces of personal information. Depending on your state, you may have the right to receive additional information and it will be included in the response to your access request.

Correct

Request correction of inaccurate personal information, taking into account the information’s nature and processing purpose.

Delete

Request deletion of personal information, subject to legal exceptions.

Portability

Obtain a copy of personal information you provided to us in a portable and, to the extent technically feasible, readily usable format.

Opt out

Opt out of “sales” of personal information, “sharing” for cross-context behavioral advertising, and targeted advertising.

Sensitive personal information

Limit, or withhold consent for, the processing of sensitive personal information. We do not collect sensitive personal information other than account log-in credentials used solely for authentication and account security.

Non-discrimination

Not receive discriminatory treatment for exercising your privacy rights.

Important: The exact scope of these rights vary by state. There are also several exceptions where we may not have an obligation to fulfill your request.

8.3How to submit a request

You (or, where permitted, your authorized agent) may submit a privacy rights request by emailing support@tropicalracing.com or by toll-free telephone at +1 833 876-7428. Please describe your request and identify your state of residence.

8.4Verification, authorized agents, timing, and appeals

We will verify your request by matching the information you provide against information we maintain, and we may request additional information if reasonably necessary, which we will use only for verification. If an authorized agent submits a request on your behalf, we may require proof of the agent’s authority and confirmation directly from you. We will respond within the time required by applicable law (generally 45 days, subject to extension where permitted). If we decline to act on your request, you may appeal our decision by replying to our response or by contacting us as described in Section 15 with the subject line “Privacy Request Appeal.” If your appeal is denied, you may contact your state Attorney General; California residents may also contact the California Privacy Protection Agency.

1. You submitEmail or phone
2. We verifyMatched to our records
3. We respondGenerally within 45 days
4. You may appeal“Privacy Request Appeal”

8.5Global Privacy Control

If your browser or browser extension transmits a legally recognized universal opt-out preference signal, such as the Global Privacy Control (GPC), we will treat the signal as a valid request to opt out of sales, sharing, and targeted advertising conducted through cookies and similar technologies for that browser. If you have an Account, you may also ask us to apply your opt-out preference to your account by contacting us as described in Section 15.

8.6Text messages and mobile information

If you choose to receive text messages, we use your mobile number to verify that you control it and to send the Tropical Racing messages you select. We retain records of your consent, notification preferences, opt-out requests, and message delivery events so we can operate the program and honor your choices.

We do not share, sell, rent, or provide your mobile phone number, SMS opt-in information, or messaging consent data to third parties or affiliates for marketing or promotional purposes.

We may provide this information to service providers, including our messaging and telecommunications providers, only as needed to deliver and support the text messaging service, maintain security, comply with law, or protect our rights. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help. Consent to text messages is optional and is not a condition of purchase. See the Text Message Opt-In page for each program and how to enroll.

9.1Categories of personal information

This Section 9 supplements this Privacy Notice for California residents and, together with the rest of this Privacy Notice, serves as our notice at collection under the California Consumer Privacy Act, as amended (the “CCPA”). The table below describes the categories of personal information we will collect, the categories of recipients to which we disclose them for business purposes, and whether we “sell” or “share” them as those terms are defined by the CCPA. The sources of personal information are described in Section 2, our purposes in Section 3, and our retention criteria in Section 7.

9.2Sales and sharing

We do not sell personal information for money. We do not share personal information with third parties for cross-context behavior advertising. In the event we sell personal information for money or share personal information with third parties for cross-context behavior advertising, you may opt out through the Global Privacy Control or by contacting us as described in Section 15.

9.3Your CCPA rights

California residents may exercise the rights described in Section 8.2, including the rights to know, access, correct, delete, obtain a portable copy, and opt out of selling and sharing, using the methods described in Section 8.3, subject to the verification procedures in Section 8.4.

9.4Sensitive personal information

The only category of sensitive personal information we collect is account log-in credentials (a username in combination with a password), which we use solely to authenticate Users and secure accounts, purposes permitted by the CCPA regulations. We do not use or disclose sensitive personal information to infer characteristics about consumers, and we therefore do not offer a “Limit the Use of My Sensitive Personal Information” option.

9.5Shine the Light; financial incentives

We do not disclose personal information to third parties for those parties’ own direct marketing purposes without consent, and California residents may request further information about any such disclosures by contacting us as described in Section 15. We do not offer financial incentives or price or service differences in exchange for the collection, retention, sale, or sharing of personal information.

If you have questions about this Privacy Notice or our privacy practices, or wish to exercise your rights, please contact us:

If you need this Privacy Notice in an alternative, accessible format, please contact us using the methods above.