Last Updated and Effective Date – February 15th, 2023
- Information Beachcomber Collects and Receives.
We collect and receive the following types of information:
- Information You Provide Directly. We receive the information you choose to provide when using our Services.
- For example, in connection with certain uses of our Services, such as when you register for our Services, sign up to receive electronic or other marketing communications, sign up to learn more about our upcoming events, enter a contest or sweepstakes, communicate with customer service, or complete a questionnaire you may be asked to provide information about yourself including:
- Your first and last name, username, company name, mailing address, phone number, date of birth, email address, mobile phone number, payment information, a photograph, and/or information about your use of our Services.
- If you use a “share this article” or any similar feature on our Services, we collect your name and email address, as well as the name and email address of your friend. We do not use the names or email addresses of your friends submitted in these circumstances for any purpose other than sending an email on your behalf, unless we obtain your or your friend’s consent or receive this information independently.
- Information Beachcomber Receives When You Use Our Services. We also may collect or receive information when you use our Services. We collect some of this information using cookies, web beacons, and other technologies. This information that we collect automatically may be combined with information that you provide us directly in order to personalize content and advertising based on your interests. Depending on how you access and use our Services, we may receive:
- Log information. This is information we automatically collect and store when you use our Services. It may include, for example:
- Information about your interactions with our Services, including the content you view, the products you bid on or purchase, the amount of time spent on our Services, the date on which you accessed our Services, and information in cookies and similar technologies; and
- Information about how you access our Services, including your browser or operating system, your Internet Protocol (“IP”) address, and the websites you visit before and after visiting our Services.
- Device information. This is information we collect and store concerning the device you use when you access our Services. (Note that by “device,” we mean any equipment or technology you use to access our Services.) Device information may include, for example:
- The type of device you are using (e.g., your particular brand of phone or tablet);
- Certain device identifiers which may be unique to your device;
- Your Internet service provider; and
- Depending on your permissions, content you have stored on your device (e.g. contacts stored on your phone).
- Location information. This information may include specific location information drawn from your device’s GPS, Bluetooth, or WiFi signals, including information about nearby WiFi networks, location beacons, and cell towers. We may receive this information when you use location-enabled services that we offer, and also when you use certain location-based informational, marketing, or public service applications that we or other parties offer.
- Information from Third-Party Sources. We may receive information about you from third-party sources such as business partners, publicly or commercially available sources, and social networking services.
- Business partners. We may receive additional information about you from our business partners.
- Publicly or commercially available sources. We may receive information about you that is publicly or commercially available, and we may combine that with the information we have collected or received about you in other ways.
- Social networking services. We receive information about you when you choose to connect with social networking services while using our Services.
- How the Beachcomber Uses the Information We Collect and Receive.
We use the information we collect and receive for the following purposes:
- To provide our Services. We use the information we collect and receive to provide you with the Services you use or request. For example, we use this information to:
- Create accounts;
- Process transactions;
- Provide technical support and respond to user inquiries;
- Send you electronic and other marketing communications that may be tailored to your preferences and interests;
- Administer your participation in our contests, sweepstakes, fantasy or interactive games, or other promotions;
- Notify you about updates to our Services or send other communications that are relevant to your use of our Services; and
- To improve our operation and Services. We also use the information we collect and receive to provide content you may find relevant and interesting and to maintain and upgrade our operations and our Services. For example, we may use this information to:
- Solicit input and feedback about our Services;
- Identify and address technical issues on our Services; and
- Customize your experiences based on location information or your online activities, including the content you view, the products you bid on or purchase, other Services of ours you use, and other information we collect and receive.
- To provide effective advertising and marketing. We also use the information we collect and receive to provide ads for our Services and certain third-party services, and to send you promotional communications. For example, we may use this information:
- To show you ads (on and off our Services, including on third-party social media services) based on location information or your online activities, including the content you view, the products you bid on or purchase, the other Services of ours that you use, and other information we collect and receive; and
We also may use the information we collect and receive for other purposes that may be described to you at the point of collection or for which you provide your consent.
- How We Share the Information We Collect and Receive
We may share information that we collect and receive with third parties when we have your consent or as described below.
We may share information with the following types of third parties:
- Our affiliates. We may share information with current and future “affiliates”, a term that includes our parent and subsidiary companies, joint venture partners, or other companies we control, are controlled by, or with which we are under common control.
- Our service providers. We may provide information about you to service providers that perform certain functions or services on our behalf. For example, we may rely on service providers to host our Services and data, fulfill orders, provide products and services, manage databases, perform analyses or advertising services, administer our contests and sweepstakes, collect location data, provide location-based services, process credit card payments, provide customer service, or send communications for us.
- Operational partners. We may, from time to time, partner with third parties to operate certain of our Services. From time to time, in accordance with applicable laws, we may provide information about you to these operational partners to use for their own purposes.
While these operational partners may use information about you to operate the Services, you should presume that these operational partners may use your information for their own purposes in accordance with their respective privacy policies.
- Business partners. When you consent to receive news and offers from them, we may share information about you with select business partners that are not service providers, such as our sponsors, retailers, and broadcast partners, so that they can provide you with special offers, promotional materials, and other materials and information that may be of interest to you.
These other business partners are expected to protect the confidentiality, integrity, and security of any information we share with them. However, we are not responsible for the privacy practices of our business partners, which may use your information for their own purposes.
- Other parties in response to legal process or when necessary to protect us or our Services. We or our service providers may disclose your information — including the contents of your communications — to other parties when required or permitted by applicable law, such as when we have a good faith belief that:
- Doing so is necessary to respond to lawful governmental requests or legal process (for example, a court order, search warrant, or subpoena);
- The information is relevant to a crime that has been or is being committed;
- An emergency exists that poses a threat to your safety or the safety of another person or persons; or
- Doing so is necessary to protect our rights or property or to enforce our Terms of Service.
- Interactive features. We may share information with third parties when you post information to a public a public area of our Services. If you post information to these interactive features, it will be publicly available and you may receive unsolicited messages from other parties. We cannot ensure that parties who have access to such information will respect your privacy. Please exercise caution when using these features.
We also may share other information with third parties in a manner that does not identify particular users, including, for example, aggregated information.
- Third Parties That Provide Content, Advertising, or Functionality On Our Services.
Some of the content, advertising, and functionality on our Services may be provided by third parties that are not affiliated with us. Such third parties include, for example:
- Content providers, which may operate contests, sweepstakes, fantasy or interactive games, or public forums on our Services;
- Retail and other companies (such as those that operate our Shop and those that operate other Services), which may process transactions, provide customer service, and perform other related functions;
- Advertising providers, which help us and our advertisers provide ads (on our Services or elsewhere online) that may be tailored to users’ interests and understand users’ response to those ads;
- Audience-measurement companies, which help us measure the overall usage of our Services and compare that usage to other online services;
- Social networking services (such as Facebook, Twitter, and Google+), which enable you to log in to certain of our Services, to comment on content available on our Services, and to share things you find on our Services with your social network; and
- Mobile location analytics providers, which use location-specific data to facilitate the transmission of informational, marketing, and public service communications to you.
- “Do Not Track” Signals.
Some web browsers may transmit “do not track” signals to the websites and other online services with which the browser communicates. There is no standard that governs what, if anything, websites and online services should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard for responding is established, we may revisit our policy on responding to these signals.
- Your Choices.
You have a number of choices about how we handle information we collect and receive about you.
- Email. You may opt out of receiving future promotional email communications from us by clicking the “Unsubscribe” link in the footer of promotional email communications and updating your preferences. Please note that we may continue to send you transactional or service-related emails regarding your account.
- SMS and MMS. You may opt out of receiving promotional SMS and MMS messages (i.e., text messages) from us by replying “STOP” to any message, which is free of charge. Please note that we may respond to your opt-out request with a message confirming that you have successfully opted out.
- Direct Mail. You may opt out of receiving direct mail communications from us by contacting Beachcomber as set out in the Contact Us section below using the subject line “Unsubscribe from Direct Mail.”
- Disclosure of Personally Identifiable Information to Third Parties. You can opt out of having your personally identifiable information shared with third parties, for those third parties’ direct marketing purposes by contacting Beachcomber as set out in the Contact Us section below using the subject line “Privacy.”
- Access, Update, or Correct Information and Other Data Subject Rights. You may have certain rights as a data subject under local law. For example, you may have the right to access, update, or correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. If you would like to access, review, or update your information or otherwise exercise your rights, please contact us as set out in the Contact Us section below using the subject line “Privacy.”
- Tailored Advertising. Some of the companies that provide advertising services on our Services may participate in industry-developed programs designed to provide consumers with choices about whether to receive tailored ads that are based on your online activities.
We have adopted physical, technical, and administrative safeguards to help protect against theft, loss, misuse, and unauthorized access to or disclosure of the information we collect and receive. However, please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your information and privacy, we cannot and do not guarantee or warrant the security of any information you disclose or transmit to our Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information, or any other disclosures out of our control.
- Children’s Privacy.
Our Services do not knowingly collect, use, or disclose personal information from children under the age of 13 or as otherwise defined by local law without prior parental consent, except as permitted by the Children’s Online Privacy Protection Act (“COPPA”) or other applicable local law.
- Third Party Links.
- Your California Privacy Rights.
California residents may opt out of having their personally identifiable information shared with third parties for those third parties’ direct marketing purposes by contacting Beachcomber as set out in the Contact Us section below using the subject line “Privacy.”
- International Transfers of Personal Information.
SWEATGOOD’s headquarters is in the United States, and, regardless of where you use our Services or otherwise provide information to us, your information may be transferred to, maintained, and processed by Beachcomber, its affiliates, and our operational partners and service providers in the United States. Please note that U.S. privacy laws, regulations, and standards may not be equivalent to the laws in your country of residence and such information may be subject to lawful access by U.S. courts, law enforcement, and governmental authorities. By using our Services or by providing us with your information, you consent to this collection, transfer, storage, and processing of information to, in, and out of the United States.
To the extent our activities are subject to international data protection laws that specify limited legal grounds to process your information, the legal bases for our processing activities are to perform our contract(s) with you; to meet our legal obligations; and for our legitimate business purposes, including to improve our operation and Services, detect and prevent fraud, and enforce our Terms of Service. We rely on your consent to send you direct marketing messages about our products, services and promotions and to deliver targeted advertisements to you, both on and off the Services. We will not keep your personal information for longer than is necessary for the purpose it was collected.
Please see the Your Choices section for more information on how to withdraw your consent at any time. In addition, you may also have rights to access, rectification, deletion/erasure, objection, restriction of processing and/or portability. You may lodge a complaint with the relevant supervisory authority if you consider that our processing of your personal information infringes applicable law. Contact details for all EU Supervisory Authorities can be found here.
- Contact Us.
Wellfleet, MA 02667
Cookies, Web Beacons, and Other Technologies.
Our Services use online technologies called “cookies” and “web beacons,” as well as other local storage technologies. This section explains what these technologies are and how they may be used.
Cookies and Other Local Storage Technologies
Generally speaking, “cookies” are text files that are placed in your device’s browser, and that can be used to help recognize your browser across different web pages, websites, and browsing sessions. Your browser or device may offer settings related to cookies. For example, you may be able to configure your browser not to accept cookies or to notify you when a cookie is being sent. For more information about whether these settings are available, what they do, and how they work, visit your browser or device’s help material. If you decide not to accept cookies from us, you may not be able to take advantage of all of the features of the Services.
Cookies are stored on your device or in “local storage.” We also use other types of local storage technologies, such as Local Shared Objects (sometimes called “Flash cookies”), in connection with our Services. These technologies are similar to cookies in that they are stored on your device and can be used to maintain information about your activities and preferences.
However, these other local storage technologies may use parts of your device other than your browser, which means you may not be able to control their use using the browser tools and settings you use to control browser cookies. For more information about managing Flash cookies, please visit the Adobe Flash Player website. Your browser’s privacy controls may enable you to manage other types of local storage.
- to help authenticate you when you use our Services;
- to remember your preferences and registration information;
- to present and help measure and research the effectiveness of our Service, advertisements, and email communications (by determining which emails you open and act upon); and
- to customize the content and advertisements provided to you through our Services and on other websites and services you visit.
Web beacons are small pieces of code placed on Web pages, videos, and in emails that can communicate information about your browser and device to a server. Beacons can be used, among other things, to count the users who visit a Web page or read an email, or to deliver a cookie to the browser of a user viewing a Web page or email.