Effective Date: March 1, 2018
1. Types of Personal Information We Collect
We may collect Personal Information that you provide on our Site in connection with your use of our Sites. For example, you may voluntarily submit your Personal Information to us by filling out web forms completing a booking or waivers, receiving and responding to marketing information, purchasing our gift cards and products, or by responding to surveys. If you communicate with or request information from Swell Spark through phone, SMS/text, email or live chat, you may be prompted to provide Personal Information that is relevant to your request. This could include, without limitation:
- Your name, email address, phone number (“Contact Information”).
- Your credit card number, billing address, shipping address, security code and other payment transaction and verification details (“Payment Information”);
2. How We Use Your Personal Information
We may use your Personal Information for the following purposes (subject to applicable restrictions under law): We may use your Contact Information to
- Provide you the products and services you requested;
- Communicate with you to respond to your inquiry;
- Send you electronic newsletters;
- Provide you with special offers or promotional materials;
- Contact you with regard to your use of the Sites and, in our discretion, changes to the Sites and related policies;
We may use your Payment Information to facilitate payments to us; We may use your Personal Information to
- Improve the Sites, to customize your experience with the Sites or to serve you specific content that we believe is relevant to you;
- Create Non-personal Information such as aggregate statistics relating to the use of the our services and offerings;
- Protect or defend our legal rights, our property, our Sites or other users;
- Purposes otherwise disclosed at the time you provide your information.
3. Information We Collect via Technology
As you use the Sites, certain information (which may include Personal Information) may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third-party tracking services, including without limitation:
- Site Activity Information. We may keep track of some of the actions you take on the Sites, such as the pages you visited.
- Access Device and Browser Information. When you access the Sites from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times.
- IP Address. We may record the Internet Protocol (“IP”) address of your computer or other electronic device when you visit our Sites. An IP address identifies the electronic device you use to access our Sites, which allows us to maintain communication with your computer as you move about Sites and to customize content.
We use the following technologies on our Site to collect information:
- Web Beacons. Web beacons are small graphic images or other web programming code that may be included in our Site pages or other areas of the Sites. Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users of our Sites. Unlike cookies, which are typically stored on your computer or mobile device’s hard drive, web beacons are embedded invisibly on web pages. Web beacons or similar technologies help us better manage content on our Sites by informing us what content is effective, counting the number of users of the Sites, monitoring how users navigate the Sites, or counting how many emails, articles or links were actually opened or viewed.
- Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Sites, such as the links you click on. The code is temporarily downloaded onto your computer, mobile or other device from our server or a third-party service provider.
4. How We Use Non-personal Information.
We may also use Non-personal Information collected to improve the Sites, to customize your browsing experience, communicate with you, and otherwise respond to your questions and suggestions regarding use of the Sites as may be permitted by applicable law. This includes sharing your information with our vendors and use in the aggregate to create summary statistics that help us analyze Site usage trends, assess what information is of most and least importance, determine technical design specifications, arrange the Sites in a user-friendly way, and identify system performance or problem areas.
5. When We Share Your Personal Information.
We only share your Personal Information with companies, organizations and individuals outside of Swell Spark as described below.
- Affiliates. We may share your Personal Information with our affiliates and stores who will accommodate your booking or provide you the products, services, and offerings you requested. These affiliates may contact you about their products, services or other offerings that may be of interest to you.
- Service Providers. We may share your Personal Information with affiliated and unaffiliated companies that perform tasks on our behalf related to our business. Such tasks include processing payments, fulfilling orders, booking, obtaining waivers relating to our products, services, and offerings, delivering packages, analyzing website or mobile application usage data, customer service, electronic and postal mail service, contests/surveys/sweepstakes administration, marketing services and social commerce and media services (e.g., Facebook, ratings, reviews, blog). Third-party service providers receive your Personal Information as necessary to perform their role, and we instruct them not to use your Personal Information for any other purposes.
- Professional Advisors. We may share your Personal Information with our auditors, lawyers or other professional advisors so they can support our business. Like the other service providers, these professional advisors are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- As required or Appropriate by law. We will disclose your Personal Information as necessary or appropriate, including without limitation:
- As required by law, which can include providing information as required by law, regulation, subpoena, court order, legal process or government request;
- To detect, prevent or otherwise address fraud, security or technical issues;
- When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
6. Security and Retention
7. Your Privacy Choices
- Google Analytics
- To opt out, please download and install the Google Analytics Opt-out Browser Add-on by clicking here.
- Facebook Business
- To view Facebook’s data use policy, please click here.
- To opt out, please click here.
8. Children’s Privacy
We do not knowingly collect Personal Information from children and are committed to preventing the unintentional collection of Personal Information from children under the age of 13. We recognize the need to provide further privacy protections with respect to Personal Information we may have collected from children on our Sites. When we intend to collect personal information from children, we take additional steps to protect children’s privacy, including:
- Notifying parents about our information practices with regard to children, including the types of Personal Information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information;
- In accordance with applicable law, obtaining consent from parents for the collection of Personal Information from their children, or for sending information about our products, services and offerings directly to their children;
- Limiting our collection of Personal Information from children to no more than is reasonably necessary to participate in an online activity;
- Subject to verification, giving parents access or the ability to request access to Personal Information we have collected from their children and the ability to request that the personal information be changed or deleted.
If you are the parent or legal guardian of a child under the age of 13 whom you have reason to believe has provided his or her own Personal Information to us, you have the right to request the removal of that child’s Personal Information from our database. In order to request such removal, please send an email to email@example.com. You will be required to verify your identity as the child’s parent or legal guardian in order to have their Personal Information removed.
9. Third-Party Sites
11. Contact Us