Soul Surfer and Company, LLC
Effective as of February 1, 2019
- This Policy applies to Personal Information that is Processed by or through Soul Surfer and Company, LLC, a Hawaii limited liability company (“Soul Surfer”) in the course of its business, including on its website, bethanyhamilton.com (the “Website”), any mobile application developed by Soul Surfer (“App”), and other online or offline offerings.
- This Policy is intended to meet requirements globally, including those in North America, Europe, APAC, and other jurisdictions. All processors of any such information are expected to use such information in accordance such requirements and this Policy. Notice to EU Citizens: this Policy is intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “General Data Protection Regulation” or “GDPR”) and provide appropriate protection and care with respect to the treatment of your user information in accordance with the GDPR.
- Soul Surfer, based on your voluntary input, including as necessary to register an account with the Website or the App or make a purchase and depending on your level of engagement with its Website, collects user information when you use its Website. Moreover, Soul Surfer may supplement data provided to us and collected with data from third party services. Soul Surfer may contact you to the extent you provide Soul Surfer with your consent to receive promotional emails and offers. To request removal from Soul Surfer’s email list, please use the link at the bottom of any promotional email received from Soul Surfer.
- Posting on the Site. We collect information you post through the Site. For example, when you interact with other users or the Site through comments or other communications, the Site will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content to any public area of the Site, such content will be considered “public” and will not be subject to the privacy protections set forth herein.
- Note: If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
- safeguarding against spam and malware,
- analyzing trends, traffic, and user behavior,
- administering the Website,
- gathering demographic information about our user base as a whole,
- tracking web and advertising analytics throughout the Website and affiliate websites,
- remembering your preferences and voluntarily-submitted information,
- performing location-related functionalities and analytics,
- participating in market research (e.g., website ratings), and
- educating ourselves about how we can continue to improve the Website and its various elements.
Cookies and similar technologies are also used for a variety of business purposes, including:
- to fulfill requests for products, Services, or information, including information about potential or future Services, including to:
- Generally manage Individual information and accounts;
- Respond to questions, comments, and other requests;
- Support the tracking and recovery of your Soul Surfer and/or other products;
- Provide access to certain areas, functionalities, and features of Soul Surfer’s Website and App; and
- Allow you to register for events.
- administrative purposes, including to:
- Measure interest in Soul Surfer’s Website, App and products;
- Develop new products and services;
- Ensure internal quality control;
- Verify user identity;
- Communicate about user accounts and activities on Soul Surfer’s Website, App, and systems, and, in Soul Surfer’s discretion, changes to any Soul Surfer policy;
- Send email to an email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance;
- Process payment for products or services purchased;
- Process applications and transactions;
- Prevent potentially prohibited or illegal activities; and
- Enforce the Terms.
- to provide you with materials about offers, products, Website features, the App, and services that may be of interest, including new content. Soul Surfer may provide you with these materials via online social platforms, websites, phone, text/SMS, postal mail, facsimile, or email, as permitted by applicable law. Such uses include:
- To tailor content, advertisements, and offers;
- To notify you about offers, products, and services that may be of interest to you;
- To provide Services to you and our sponsors; or
- For other purposes disclosed at the time that users provide personal information.
- otherwise with your consent.
Generally, if you would like to opt-out of cookies or similar technologies we employ on our sites, services, applications, or tools, you may block, delete, or disable them as your browser or device permits.
Most web browsers automatically accept cookies, but generally allow users to modify their browser settings to display a warning before accepting a cookie, to accept cookies only from certain websites, and/or to refuse all cookies.
The Website’s web and ad servers log information about a user’s Internet Protocol (“IP”) address, browser type and the current URL the user is requesting. This information is always provided by a user’s browser and automatically logged by most websites. Soul Surfer makes no representation or warranty as to the Website’s web and ad server practices, but any such log file information of Soul Surfer is stored in a secure location and used in our internal analysis of traffic patterns within our website.
Our primary goal in collecting, using, and sharing user information is to enhance your experience on the Website, support the Website, and improve its features, performance, and other elements.
Soul Surfer uses third party providers for various Website services (including credit card processing, e-mail service and hosting services). When you use such services, your user information will be shared only as necessary for the third party to provide that service. These third parties are prohibited from using your user information for any other purpose. With respect to credit card processing, we do not collect, store, or process any credit card information. If you do not want your information to be shared, you can choose not to allow the transfer of your information by not using that particular service.
If you provide any personally identifiable information via an advertiser promotion, please be aware you are directly providing your personally identifiable information to that advertiser.
7. We may collect certain information automatically through our Website or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, mobile advertising identifiers, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type, operating system, Internet service provider, pages that you visit before and after using the Website, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences. To the extent devices transmit location data through GPS, Bluetooth, or WiFi signals, we may also collect this data.
8. We acquire, hold, use, and process user information for a variety of business purposes, including:
- to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and services. From time to time, Soul Surfer may perform research (online and offline) via surveys. We may engage third-party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve usersby learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our communications, advertising campaigns, and/or promotional activities. If a user participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
- From time to time, Soul Surfer may provide Services that are specifically designed to be compatible and used on mobile devices. Soul Surfer will collect certain information that your mobile device sends when you use such services, like a device identifier, user settings and the operating system of your device. Mobile versions of Soul Surfer’s Website and the App may require that users log in with an account, in which case, information about use of such versions of the Website or App may be associated with user accounts. In addition, Soul Surfer may enable users to download an application, widget, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit personal information to Soul Surfer to enable users to access user accounts and to enable Soul Surfer to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. Soul Surfer may use personal or non-identifiable information transmitted to Soul Surfer to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Policy or in other notices.
- Soul Surfer may use personal information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Soul Surfer’s Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information may be used in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Soul Surfer and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
- You agree Soul Surfer is free to use the content of any communications submitted by you via the Website or App, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or services. Soul Surfer will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
- We may offer various tools and functionality. For example, we may provide functionality on our Website or App that allows you to forward or share certain content with a friend or colleague. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by us or any other third parties for any other purpose.
- We may use personal information for other legitimate interests, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.
9. We may share your information as described in this Policy (e.g., with our Third-Party service providers; to comply with legal obligations; to protect and defend our rights and property) or with your permission.
- We may share any information we receive with vendors and service providers. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Site. It is Soul Surfer’s policy to prohibit service providers from using or sharing personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
- Soul Surfer may share personal information with our business partners and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. Soul Surfer may also provide personal information to business partners with whom Soul Surfer may jointly offer products or services, or whose products or services Soul Surfer believes may be of interest to you. In such cases, our business partner’s name will appear, along with Soul Surfer’s name. It is Soul Surfer’s policy to require its affiliates and business partners to agree in writing to maintain the confidentiality and security of personal information they maintain on our behalf and not to use it for any purpose other than the purpose for which Soul Surfer provided them.
- Content you post to the Site may be displayed on the Site. Other users of the Site may be able to see some information about you, such as your name if you submit a review or comment. We are not responsible for privacy practices of the other users who will view and use the posted information.
- Through the App, Website and other services, Soul Surfer may allow third party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected personal information (such as demographic information and past purchase history) we have collected with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) to deliver targeted advertisements to you when you visit non-Soul Surfer related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.
- We may access, preserve, and disclose your personal information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect yours’, ours’ or others’ rights, property, or safety; (iv) to enforce Soul Surfer policies or contracts; (v) to collect amounts owed to Soul Surfer; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Website or App. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
- If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. Should such an event occur, Soul Surfer will endeavor to direct the transferee to use personal information in a manner that is consistent with the Policy in effect at the time such personal information was collected.
10. In the event of a sale, merger, public offering, bankruptcy or other change in control of Soul Surfer, your information may be shared with the person(s) that own or control the Website following such change. Opting out of receiving information from third parties will not affect our right to transfer your information to a new owner, but your choices will continue to be respected regarding the use of your information.
11. We may disclose your personal information if required to do so by law (e.g., for compliance with a subpoena) or in the good faith belief that such action is necessary to conform to the edicts of the law, protect your safety or the safety of others, investigate fraud or comply with a judicial proceeding, court order or legal process served on Soul Surfer or to protect and defend the rights or property of Soul Surfer.
12. Notice to EU Individuals: Soul Surfer will not process your user information without a lawful basis to do so, as such bases are defined in Article 6 of the GDPR. In general, Soul Surfer will process your user information on the legal bases of consent, contract (if you have entered into an agreement with us and such processing is a necessary part thereof), or legal obligation (as noted in Section 15, above). Soul Surfer may also process certain user information on the basis of the following legitimate interests, provided that such interests are not overridden by your privacy rights and interests: delivering and continuing to develop and improve the Website, learning from your behavior on the Website (e.g., analyzing traffic) to better serve you and other Website users, helping us modify or enhance the Website and its content, receiving insight as to what users do (and don’t) like about our Website or aspects thereof, and providing a stable, consistent, and secure user experience in connection with the Website.
13. We care about the protection of your user information and use industry standard safeguards to do so. Please, however, keep in mind that no data transmission on the Internet is guaranteed to be 100% secure. Personal information collected by Soul Surfer may be stored anywhere in the world, including, without limitation, in the United States (“U.S.”), in the cloud, on our servers, on servers of our affiliates or servers of our service providers. By providing information to Soul Surfer, you consent to storage of your personal information in these locations. Such information may be accessible to law enforcement or other authorities pursuant to a lawful request. We use industry standard physical, electronic, and organizational safeguards to protect your user information against loss or theft as well as unauthorized access and disclosure to protect your privacy. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside Soul Surfer However, “perfect security” does not exist on the Internet. If you are concerned that your privacy may have been breached, please contact us as provided herein. Your user information may be transferred to other countries in connection with your use of the Website. If you access or use the Website outside of the U.S., your user information will be transferred to our servers in the U.S and processed globally.
14. You may opt out of certain uses and disclosures of your personal information. If you have consented to Soul Surfer’s processing of your personal information, you may withdraw that consent at any time and opt-out to further processing by contacting [email protected] Even if you opt-out, we may still collect and use non-personal information regarding your activities on our Sites and/or information from the advertisements on third-party websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.
15. California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of third parties to whom we have disclosed users’ personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. Soul Surfer only shares personal information with third parties for their own marketing purposes as described herein or as you may consent.