TERMS OF USE

These terms and conditions, and the privacy policy that is incorporated herein by reference, govern your use of the https://francescaclapcich.com website (“site” or “website”). By using this website, you accept the terms described herein, including the privacy policy. If you do not agree to these terms, please do not use the website.

We may change this site’s terms of use at any time, without notice, by posting changes online. Please review these terms and conditions regularly to ensure you are aware of any changes. Your continued use of the site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

TRADEMARK AND COPYRIGHT

All copyright and other rights that subsist in the home page and in the sub-domain pages of the https://francescaclapcich.com website is owned by Team7Sailing or licensed to Team7Sailing (“we” or “us”) by 11th Hour Racing, Inc, our sponsor, unless otherwise indicated. Use of such copyright, trademarks and other rights are subject to the Use of Content provisions set forth below.

USE OF OUR CONTENT

You may view, download, and print pages (or other content) from this website for your personal use; however, no website materials or content may be used for commercial purposes; edited or otherwise modified; republished in any manner; sold, rented, or sub-licensed; or otherwise distributed without written exception.

Exceptions for content may be granted with our prior written consent, at our sole discretion. All requests should be directed to news@francescaclapcich.com. Please state the subject as “Use of Website Materials.”

Rights You Grant to Us

You may have the opportunity to submit content, including but not limited to comments, stories, photos, Feedback and other information (collectively, “Your Content”). We may, but have no obligation to, use ‍Your Content, together with other information you have provided us such as your name, social media handles, and contact information in connection with our site, our social media channels, newsletters, events, and other outreach. You grant to Team7Sailing a nonexclusive, royalty-free, perpetual, worldwide, irrevocable, sublicensable and transferable license to use, host, store, reproduce, modify, publish, adapt, translate, edit, create derivative works from, publicly display and distribute Your Content in any and all media now known or hereafter developed. You hereby waive any moral rights you may have in Your Content (unless prohibited by applicable law). By submitting Your Content to us, you represent and warrant that you own or have the necessary rights and permissions to provide such content to us, and to authorize us to use such content in the manner contemplated by these Terms of Use. You acknowledge that we have no obligation to keep any of Your Content confidential. If you submit to us any feedback, ideas or suggestions (“Feedback”), you acknowledge that we may, but have no obligation to, use and exploit the Feedback for any purpose and without payment to you.

LINKS TO OTHER WEBSITES

Some of the pages on this site include links to external websites. These links are included to give you the opportunity to access other pages that may be of interest or assistance to you. We are not responsible for the content of these Internet sites. We exclude all liability of any kind in respect of any third party information or other material made available on, or which can be accessed using the website.

NO WARRANTIES

The information contained in this website is for general information purposes only and is provided “as is.” While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Nothing on this website constitutes or is meant to constitute, advice of any kind.

LIMITATIONS OF LIABILITY

To the extent permitted by law, in no event will Team7Sailing or any associated entities or individuals be liable for any special, incidental, indirect, punitive, exemplary or consequential damages whatsoever arising out of the viewing, use or inability to use the site or its content, whether arising in tort, contract or any other legal theory.

VENUE AND CHOICE OF LAW

All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relate to your use of this site, shall be submitted exclusively to the jurisdiction of the state or federal courts located in the state of New York and be governed by New York law, without regard to its conflicts of law provisions.

DATA PROTECTION

For details on how we may use any personal data, please see the terms of our Privacy Policy.

SUSPENSION AND TERMINATION

We have the right to refuse to allow you access to any of the pages on the site at any time and for any reason without giving you any advance notice and we shall not be liable for any losses or damages whatsoever arising from your inability to access any of the pages on the site.

Please feel free to direct any questions or concerns regarding the Terms of Use by contacting us at news@francescaclapcich.com. Please note “Terms of Use” in the subject line of your e-mail.

PRIVACY POLICY

Team7Sailing (“we” or “us”) are committed to protecting the privacy and rights of our website visitors. This privacy policy is intended to make clear the ways that this website, https://francescaclapcich.com (“website” or “site”), may collect, store, protect, and make use of your information. We will not collect any personal information from you that you do not volunteer. We do not and will not sell, share, or rent this information in any way that is not outlined in this statement.

THE INFORMATION WE COLLECT

Personally-Identifying Information: We do not require users to provide personally-identifying information to access most of the website’s content. A user who wants to subscribe to our newsletter or signs up through our media hub to receive information about us may submit personally identifying information, such as his or her name, email address, phone number, nationality, and preferences. This information is maintained by us in accordance with this privacy policy. We do not knowingly collect or maintain personal information from minors without the consent of a parent or guardian.

Browsing Information: By visiting this site, you grant us permission to collect information automatically from your browsing that is not personally identifying, using technologies like cookies. This information may include location, IP address, browser details, and similar non-identifying details that is often used to understand how visitors are using this website. For example, our servers may use “cookies” (a small data file) to track a user’s activity within our site. Cookies do not gather personal information such as email addresses.

Information collected from other sources: We may collect limited data from public databases, marketing partners, and other outside sources and third parties. We will inform you within a reasonable period after obtaining the personal data, but at least within one month.

HOW WE USE INFORMATION

Personally-Identifying Information: We use personally identifying information that users provide by filling in forms or by corresponding with us by phone, email, or otherwise. This includes data you provide when you register, subscribe to any service, enter a competition, promotion or survey and when you report a problem. Browsing Information: We use browsing information to allow us to measure user trends (such as which domains refer users to our site), to provide personalized content where available, to help diagnose problems with our servers, to verify or enforce compliance with the policies governing our site and protect against misuse or unauthorized use of our website, to administer this website more effectively and to gather broad geographic information about where users are accessing our site from. You can set your browser to refuse cookies, but this may limit your access to some features of the site.

We may use your data to:

• to communicate with you (including by post, phone, email and/or mobile messaging), such as to let you know about news around the organization, new features, offerings (including goods and services) on our Web pages and/or apps where you have consented for us to do so;

• to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;

• to create an individual profile for you so that we can understand and respect your preferences;

• for record-keeping purposes;

• to administer and provide services you request;

• to improve the quality of our service and security of our Web pages and/or apps;

• in connection with targeting/advertising activities;

• to track activity on the Site and our Web pages and/or apps;

• in conjunction with personal data legally obtained from third party sources;

• in such ways as you may otherwise expressly consent to;

• to comply with legal and regulatory requirements; and/or for any other purpose that we may notify to you from time to time.

HOW WE SHARE INFORMATION

Personally-Identifying Information: We will not sell users’ personally-identifying information to any third party and will not otherwise share personally identifying information with any third party, except if required by the reasons stated under “Disclosures to third parties”

Browsing Information: We may share browsing information with third parties that we have engaged to help facilitate our use of this information as described above. We only share this information with third parties that we believe share our commitment to privacy and security.

DISCLOSURES TO THIRD PARTIES

• carefully selected third party organizations to carry out certain processing activities on our behalf where such parties have the necessary protections in place to comply with applicable data protection law;

• any partner or sponsor of Team7Sailing, such as 11th Hour Racing or other sponsors, and official suppliers, in a manner to which you have expressly consented (this includes consent by way of opting-in to certain marketing and contact from any of them as part of the registration process) and you agree that such parties can contact you in accordance with such consent;

• anyone who may take over the running of our Web pages and/or apps, subcontractors who operate a part of our Web pages and/or apps on our behalf. Any other organizations who access your information in the course of providing services on our behalf will be governed by strict contractual restrictions to make sure that they protect your Data and comply with applicable data protection and privacy laws. We may also independently audit these service providers to make sure that they meet our standards; and/or

• any law enforcement agency requesting it once we are reasonably satisfied as to the circumstances surrounding the request.

• in connection with the sale or transfer of an entity of Francesca Clapcich or its assets;

• as required by law: for example, in connection with a government inquiry, dispute, or other legal process or request;

• when we, in good faith, believe that disclosure is necessary in order to protect our rights: for example, in order to investigate potential violations of our terms and conditions, or to detect, prevent or disclose fraud or other security issues;

• in order to enforce or apply the terms of use of the Site, our Web pages and/or apps or any services provided to you;

• to protect our rights, property, or safety, our users, or others. This includes exchanging Data with other companies and organizations for the purposes of fraud protection and credit risk reduction;

• to comply with applicable laws and lawful government requests;

• and/or to operate our systems properly or to protect our users and ourselves.

• Except as expressly stated in this Privacy Policy, we will not sell, share, trade or license your Data to others without your express consent.

WHO WE SHARE INFORMATION WITH

We only share information with the following third parties. We have categorized each party so that you may easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us.

• Advertising Direct Marketing and Lead Generation: Mailchimp, Constant Contact, Google Analytics, and plugins that contribute to the operations of our site.

• Retargeting platforms: Facebook custom audience

• Social media sharing and advertising

• Facebook advertising

• Web and mobile analytics: Google Analytics and Facebook pixel

• Website hosting: WordPress.com and Kinsta

SHARING INFORMATION INTERNATIONALLY

We may transfer, store, and process your information in countries other than your own.

Our website servers are located in the USA and data is hosted via MailChimp. If you are accessing our Services from outside the USA, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see ” WILL YOUR INFORMATION BE SHARED WITH ANYONE? ” above), in the United States and other countries.

If you are a resident in the European Economic Area, then these countries may not have data protection or other laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy policy and applicable law.

European Commission’s Standard Contractual Clauses:

We have implemented measures to protect your personal information, including the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies and between us and third-party providers. These clauses require all recipients to protect all personal information that they process originating from the EEA in accordance with European data protection laws and regulations. Constant Contact’s data processing agreement that include Standard Contractual Clauses can be provided upon request/are available here.

HOW LONG WE KEEP YOUR INFORMATION

We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than 2 years past the termination of the user’s account

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

INFORMATION FROM MINORS

We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at news@francescaclapcich.com

HOW WE RESPOND TO DO NOT TRACK SIGNALS

Like many other websites, this site is not configured to respond to “Do Not Track” signals or other similar mechanisms. At present, this site and, to our knowledge, third parties, do not track consumers over time and across third-party websites to provide targeted advertising.

YOUR PRIVACY RIGHTS

In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please contact news@francescaclapcich.com. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here.

ACCOUNT INFORMATION

If you would at any time like to review or change the information in your account or terminate your account, you can contact us at news@francescaclapcich.com.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:

SECURITY

Keeping your information safe is very important to us. However, no data transmission over the Internet can be guaranteed to be totally secure. We strive to protect your personal information, but we cannot ensure or warrant the security of any information that you send to us, and you do so at your own risk. We use reasonable precautions to keep your personally identifying information and browsing information secure and to only release browsing information to third parties we believe share our commitment to privacy.

A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when Team7Sailing or any entity owned by Team7Sailing believes you are likely to be at risk of serious harm. For example, a data breach may be likely to result in serious financial harm or harm to your mental or physical well-being. In the event that Team7Sailing becomes aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of personal information Team7Sailing will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. However, we are not responsible for any breach of security or for the actions of these parties.

CHANGES TO THIS POLICY

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in this privacy policy. If our information practices change at some time in the future we will post the policy changes to our site to notify you of these changes. If you are concerned about how your information is used, you should check back at our site periodically.

QUESTIONS?

Please feel free to direct any questions or concerns regarding the privacy policy by contacting us at news@francescaclapcich.com. Please note “Privacy Policy” in the subject line of your e-mail.

COOKIE POLICY

In this Cookies Policy references to “we”, “us” and “our”, are references to Team7Sailing and any entity owned by her and references to the “Site” are references to https://francescaclapcich.com.

This cookie policy sets out information about our use of cookies on our Site.

WHAT ARE COOKIES?

A cookie is a simple text file of letters and numbers that is stored on your computer or mobile device by a website’s server, if you agree. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier and the site name and some digits and numbers. It allows a website to remember things like who you are, your preferences or what’s in your shopping basket.

Most websites you visit will use cookies in order to improve your user experience by enabling that website to ‘remember’ you. Cookies are not used to identify you personally. To learn more about cookies, visit All About Cookies.

CONSENTING TO USE OF COOKIES

By clicking the “I agree” button on the pop-up when you first use our Site you are agreeing to the use of cookies by our Site.

HOW LONG DO COOKIES LAST?

Cookies last for different lengths of time depending on what they are used for:

Session cookies are temporary cookies and are only stored until you leave the website or when you close your web browser.

Persistent cookies last for a fixed period of time, defined within the cookie, and allow the website to recognize the device again when the user returns to that website on that device.

WHO SETS COOKIES?

First party cookies are set by the website that you are visiting and can only be read by that website.

Third-party cookies are set by an organization other than the operator of the website. This might be for the purposes of website measurement, to allow a third party service on the website to operate or to target or deliver advertising.

HOW DO WE USE COOKIES?

The Site uses a range of first and third party cookies that enable us to offer an enhanced, personalized experience. The information stored in cookies falls into the following categories:

STRICTLY NECESSARY COOKIES

These are cookies required for the operation of our Site and are essential in order to enable you to use the Site and its features. Without these cookies, we are unable to provide services that you have asked for, such as viewing content or enable you to log into secure areas of our Site.

PERFORMANCE COOKIES

These cookies collect information about how visitors use the Site, for instance, which pages visitors go to most often and if they get error messages. All information that these cookies collect is aggregated and therefore anonymous, and is only used to improve how the Site works.

FUNCTIONALITY COOKIES

These are used to recognize you when you return to our Site. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region). The information these cookies collect may be anonymized and cannot track your browsing activity on other websites.

TARGETING OR ADVERTISING COOKIES

These cookies are used to deliver adverts more relevant to you and your interests, to limit the number of times you see an advertisement and to help measure the effectiveness of the advertising campaigns. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organisations such as advertisers.

Please note third parties (including, for example, our other business partners, and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

To manage cookies linked to targeting or advertising activities, visit Your Online Choices.

To opt-out of being tracked by Google Analytics across all websites visit Google Analytics Opt-Out.

HOW TO CONTROL COOKIES

You can reject the use of cookies by our Site by clicking the “No thanks” button on the pop-up when you first use our Site. You can also block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you refuse to accept cookies you may not be able to access and/or use all or parts of our Site nor all of the functionality offered by our Site.

You can delete all cookies that are already on your device and prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a website and some services and functionalities may not work.

All major browsers allow you to change your cookie settings – for example you can set up your web browser to inform you when you receive a cookie, giving you the chance to decide whether or not to accept it. You can usually find these settings in the ‘options’ or ‘preferences’ menu of your browser. To understand these settings, the following links may be helpful, or you can use the ‘Help’ option in your browser for further assistance.