PRIVACY POLICY – Effective: November 14, 2021
This Privacy Policy describes the types of information Chalk’s Ocean, Inc. (“Chalk’s Ocean” or “We”) may collect from you or that you may provide when you visit the website www.ChalksOcean.com (the “Chalk’s Ocean Website”) and the Chalk’s Ocean mobile application (“Chalk’s Ocean App”) (together, the “Digital Services”), and our practices for collecting, using, maintaining, protecting and disclosing that information.
PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT BINDS YOU TO TERMS AND CONDITIONS THAT INCLUDE AN ARBITRATION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
By accessing or using the Digital Services, whether as a guest or registered user, you agree to this Privacy Policy, which is incorporated into and forms a part of the Terms of Service and Operating Agreement(s), and you consent to the processing of your information according to the Privacy Policy.
This Privacy Policy may change from time to time. When accessing the Digital Services, you may be invited to review and accept material changes to the Privacy Policy. Your continued use of the Digital Services after We make changes means that you agree to those changes, so please check the Privacy Policy periodically for updates. If We have changed the Privacy Policy you may contact legal@chalksocean.com to request to opt out of the changes on a go-forward basis. If practicable, We will use information collected prior to your request in accordance with the privacy policy under which the information was collected. However, We reserve the right, in our sole discretion, to insist that you accept the revised Privacy Policy or terminate your use of the Digital Services.
APPLICATION OF THE PRIVACY POLICY
This policy applies to information We collect: Through the Digital Services, including, without limitation, when you use the Interactive Features and/or post User Contributions (each, as defined in the Terms of Service).
In e-mail, text and other electronic messages between you and the Chalk’s Ocean Website, any @chalksocean. om email addresses or the Chalk’s Ocean App.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by: Chalk’s Ocean offline or through any other means, including on any other website operated by Chalk’s Ocean or any third party; or any third party, including through any application or content that may link to or be accessible from or on the Chalk’s Ocean Website or the Chalk’s Ocean App.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We may collect several types of information from and about users through the Digital Services including information: By which you may be personally identified, such as name, postal address, e-mail address, telephone number, credit card information, or other payment information (“Personal Information”); and/or That is about you but individually does not identify you such as including IP address, profile information, aggregate user data, and browser type (“Non-Personal Information”). Certain information may not be Personal Information when standing alone (e.gl, your IP Address) but may become so when combined with other information (e.g., your name).
INFORMATION YOU VOLUNTEER
To submit an information request or to create a password to access and use certain features of the Digital Services including requesting and paying for flights online, you must provide certain Personal Information through the Digital Services. The amount of Personal Information you are required to provide through our Digital Services will depend on the reason you are providing the information and whether you have previously provided Personal Information to Chalk’s Ocean.
Personal Information We may ask you to provide through our Digital Services may include:
Your first and last name, telephone number, email address, mailing address, physical address and company name;
Payment information such as credit card number and billing address;
Information you provide when you enter a contest or promotion sponsored by us, and when you report a problem with the Digital Services;
Records and copies of your correspondence (including e-mail addresses), if you contact us;
Your responses to surveys that We might ask you to complete for research purposes and, if applicable, details of transactions (e.g., date of flight, destination, etc.) you carry out through our Digital Services and of the fulfillment of your orders, such as when you request and pay for flights through the Digital Services. You may be required to provide financial information before placing an order through our Digital Services.
INFORMATION COLLECTED AUTOMATICALLY
We may automatically collect certain information about your equipment, browsing actions and patterns, including:
Details of your visits to our Digital Services, including traffic data, location data, logs, other communication data and the resources that you access and use on the Digital Services.
Information about your computer and internet connection, including your IP address, operating system, and browser type
Information about your mobile device and your use of our services from our mobile device including a unique device identifier.
Geolocation information about your precise location if you have enabled location-based services on your mobile device.
Navigational data like Uniform Resource Locators (“URLs”) may be used to gather information regarding the date and time of your visit and the information for which you searched and viewed. Certain applications or services may also require additional information collection, such as information to be sent when you are not logged into the Digital Services, and the terms of such collection will be identified when you subscribe to or sign up for such services or applications. The technologies we use for automatic data collection or analysis include cookies. By accessing or using the Digital Services, you agree to our use and third-parties’ use of cookies and other tracking technologies as described in this Privacy Policy. A cookie is a small file placed on the hard drive of your computer. We may use both session cookies (which expire once you close your web browser), and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Digital Services. Persistent cookies can be removed by following your Internet browser help file directions and you may refuse to accept browser cookies by activating the appropriate setting on your browser. If you choose to disable cookies, please note that some parts of the Digital Services may then be inaccessible or not function properly.
Flash Cookies. Certain features of our Service also may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on Digital Services. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of the Chalk’s Ocean Website, the Chalk’s Ocean App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single pixel gifs) that permit Chalk’s Ocean, for example, to count users who have visited those pages or opened an email and for other related Digital Services statistics (for example, recording the popularity of certain Digital Services content and verifying system and server integrity). Third-party Use of Cookies and Other Tracking Technologies. Some content or applications including advertisements on the Digital Services are served by third-parties including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use our Digital Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your on line activities over time and across different Digital Services and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 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 provider directly.
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website (http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html).
Again, if you disable or refuse cookies, please note that some parts of the Digital Services may then be inaccessible or not function properly.
We use third party analytics services to better understand how users interact with the Digital Services. These services provide Non-Personal Information including but not limited to data on how online users reached the Digital Services, what actions they took on the Digital Services, how long they spent on the Digital Services, where users went online when they left our site, and analytics related to downloads of the mobile application.
TYPES OF COOKIES USED (Category & What do they do?)
Necessary: Cookies are essential to make Digital Services function properly. The enablement of these cookies supports specific features to improve your user experience.
Analytics/Performance: Cookies are used to determine performance. We use these cookies to understand and improve our products and services.
Targeting/ Marketing: We may use these cookies to show you relevant advertising and targeted ads. We may also use them to learn about ad utilization and the action taken with a specific marketing cookie.
Preferences/ Functional: Cookies enable you to define your preferred settings and communication preferences.
HOW WE USE YOUR INFORMATION: We use information that We collect about you or that you provide to us including any Personal Information:
Certain flights may require disclosure of the name of all persons on a flight to the operator performing the flight. Additionally, Chalk’s Ocean may be required to furnish passenger data such as name and date of birth, or passport information, to comply with national and international security requirements or governing bodies. It may also be necessary for us to provide names of persons on a flight to third parties providing services related to a flight such as ground transportation at your request;
To provide you with the flight sharing option described in our Terms of Service and allow you to coordinate flight sharing activities with other members [which may include sharing your information with other members for such purposes);
To provide you with information about our products or services;
If applicable, to process your merchandise orders and program reservations;
To provide you with notices about your account;
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us including for billing and collection;
To notify you about new products, programs, activities or services We offer or, in our discretion, about changes to any products, programs, activities, services or policies;
To allow you to participate in interactive features of the Digital Services;
To improve the Digital Services;
To adhere to the Terms and of Service of the Chalk’s Ocean Website or the Chalk’s Ocean App;
To store information about you and your preferences, allowing us to speed up, customize and improve your user experience with our Digital Services;
To store information about you and your preferences, allowing us to speed up, customize and improve your user experience with our Digital Services;
To recognize you when you visit the Digital Services;
To contact you about services and offers that may be of interest to you;
To estimate our amount of passengers on a flight, demographics and usage patterns;
In any other way We may describe when you provide the information; and
To fulfill any other purpose for which you provide it and for any other purpose with your consent.
DISCLOSURE OF YOUR INFORMATION: We may disclose Non-Personal Information [including aggregated information] about our users without restriction.
Do Not Track. Chalk’s Ocean engages in the collection of information about a consumer’s online activities over time and across third party on line services (“tracking”) to the extent that such information is collected by our web analytics service, currently Google Analytics.
As of the effective date of this policy, the Google Analytics terms of service prohibit the tracking, collection or uploading any data that personally identifies an individual [such as a name, email address or billing information), or other data which can be reasonably linked to such information by Google (See http://www.google.com/analytics/terms/us.html). Because We do not track visitors to the Digital Services over time and across third party websites outside of Google Analytics, We do not have a separate policy for responding to browser-based Do Not Track signals.
We may disclose Personal Information that we collect or you provide as described in this Privacy Policy:
To flight operators and other vendors necessary to facilitate the services you utilize or as required by law.
To our subsidiaries and affiliates.
To contractors, service providers and other third parties We use to support our business and/or the Digital Services.
In connection with and when necessary for Your use of our flight sharing options.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Chalk’s Ocean’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Chalk’s Ocean about the Chalk’s Ocean Website or the Chalk’s Ocean App users is among the assets transferred.
To governmental agencies, law enforcement, or other companies assisting us in fraud prevention or any other governmental investigation. We may do so when:(i) permitted or required by law; (ii) trying to protect against or prevent actual or potential fraud or unauthorized transactions; (iii) investigating fraud which has already taken place; or (iv) otherwise cooperating with a governmental investigation. The information is not provided to these companies for marketing purposes.
To fulfill the purpose for which you provide it.
To comply with any court order, law or legal process, including to respond to any government, law enforcement or regulatory request. To the extent this provision may be construed as inconsistent with another provision of the Privacy Policy, the Operating Agreement, or Terms of Service, this provision will control.
To enforce or apply our Terms of Service and other agreements or policies including for billing and collection purposes.
If We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Chalk’s Ocean, its employees, its customers or the public.
To third parties for direct marketing purposes.
For any other purpose disclosed by us when you provide the information with your consent.
CHOICES ABOUT HOWE WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the Personal Information you provide to us. The following mechanisms are available to provide you with the following control over your information:
Promotional Offers. If you do not wish to have your e-mail address and other contact information used by Chalk’s Ocean to promote our products or services, you may contact support@chalksocean.com to opt out of receiving such services. You may also use the opt out link at the bottom of the promotional email. If We have sent you a promotional e-mail, you may click on the opt-out link at the bottom of the email and follow the opt out directions. This opt out does not apply to information provided to Chalk’s Ocean as a result of a product purchase, program registration, product service experience or other transactions initiated by you.
Opt Out. You may contact support@chalksocean.com to opt out of certain uses of your Personal Information, although this may impact your ability to use certain features of the Digital Services or maintain an online account.
California Residents. From time to time we may disclose certain Personal Information to third parties for direct marketing purposes. California Civil Code Section 1798.83 permits users of the Digital Services that are California residents to request certain information regarding our disclosure of such Personal Information to third parties for their direct marketing purposes. If you are a California resident, you may request (i) a list of the categories of Personal Information about you that Chalk’s Ocean has disclosed to third parties for the third parties’ direct marking purposes during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services marketed, if known to Chalk’s Ocean, sufficient to give you a reasonable indication of the nature of the third parties’ business. To submit your request, please e-mail legal@chalksocean.com.
ACCESSING AND CORRECTING YOUR INFORMATION
You can review and change certain of your Personal Information by logging into the Digital Services and visiting your account profile page.
You may also send us an e-mail to legal@chalksocean.com to delete or correct any Personal Information that you have provided to us.
THIRD-PARTY HOSTING
The Digital Services are hosted by a third-party vendor, 1&1 Ionos. Your Personal Information is collected and stored by the vendor and may be accessed by Chalk’s Ocean. This Privacy Policy governs how Chalk’s Ocean may use your Personal Information. However, use of your Personal Information is also subject to our hosting vendor’s policies. To review this vendor’s policies regarding your Personal Information, please visit http://www.ionos.com. If to the extent applicable to you, you do not agree to this vendor’s policies regarding your personal information, to the vendor’s Terms of Service or to any changes subsequently made, you must immediately stop accessing or using the Digital Services. By accessing or using the Digital Services, you agree to our hosting vendor’s policies regarding your personal information and Terms of Service.
DATA SECURITY
Chalk’s Ocean respects the confidentiality of its members and guests. We have implemented commercially reasonable measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet and mobile devices is not completely secure and We cannot guarantee the security of your Personal Information transmitted to or through the Digital Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Digital Services.
The safety and security of your information also depends on you. You are responsible for keeping your Digital Services password(s) confidential. We ask you not to share your password with anyone.
In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, We may notify you in a method and manner required by law in the most expedient time reasonable under the circumstances. Delays in notification may occur while necessary measures are taken to determine the scope of the breach and restore reasonable integrity to the system(s) as well as for the legitimate needs of law enforcement if notification would impede an investigation.
CHILDREN UNDER THE AGE OF 13
The Digital Services are not intended for children under 18 years of age. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you believe that We might have any personal information from or about a child under 13, please contact us at support@chalksocean.com.
LINKING FROM THE SERVICE
The Digital Services may contain links to other third party websites that We do not control or maintain. We are not responsible for the privacy practices of any third party website. If you follow a link from the Digital Services to another website or application, that website or application’s privacy policies will govern any information that website or application collects about you. Please note when you leave the Digital Services and review the privacy statement at your destination before submitting any Personal Information.
LINKING TO THE SERVICE AND SOCIAL MEDIA FEATURES
You may link to our Chalk’s Ocean Website homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
The Digital Services may provide certain social media features that enable you to: Link from your own or certain third-party websites to certain content on the Chalk’s Ocean Website or Chalk’s Ocean App.
Send e-mails or other communications with certain content, or links to certain content on the Chalk’s Ocean Website or Chalk’s Ocean App.
Cause limited portions of content on the Chalk’s Ocean Website or Chalk’s Ocean App to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Digital Services or portions of it to be displayed, or appear to be displayed by, for example framing, deep linking or in-line linking, on any other site.
Link to any part of the Chalk’s Ocean Website or Chalk’s Ocean App other than the homepage. Otherwise take any action with respect to the materials on the Digital Services that is inconsistent with any other provision of this Privacy Policy or the Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.
We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
APPLICABLE LAW/INTERNATIONAL ISSUES
Information that is submitted to us through the Chalk’s Ocean Website or Chalk’s Ocean App in connection with your use of the Digital Services will be collected, processed, stored, disclosed and disposed of in accordance with applicable United States law. If you are a user outside of the United States, you acknowledge and agree that we may collect and use your information as discussed in these terms and conditions, outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. United States law may not provide the degree of protection for information that is available in other countries. By providing us with your information, you acknowledge that you have read these terms and conditions, including this Privacy Policy, understand it, agree to its terms and consent to the transfer of your information outside your resident jurisdiction. If you do not consent to the terms of this Privacy Policy, please do not use the Digital Services.
In certain circumstances, you may have the following rights: Access: to request a copy of the information that we hold about you. Rectification: to correct data that we hold about you that is inaccurate or incomplete. Be forgotten: to ask for the data we hold about you to be erased from our records. Restriction of processing: to restrict or object to certain types of processing. Portability: to have the data we hold about you transferred to another organization. If you wish to exercise any of these rights. please contact legal@chalksocean.com.
ARBITRATION
YOU AND CHALK’S OCEAN AGREE THAT, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THE TERMS OF SERVICE, THIS PRIVACY POLICY, AND/OR THE DIGITAL SERVICES SHALL BE FINAL AND BINDING ARBITRATION.
Either Chalk’s Ocean or you may demand that any dispute between Chalk’s Ocean and you about or involving the Digital Services must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in Miami, Florida, USA, provided that the foregoing shall not prevent Chalk’s Ocean from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO ARBITRATION OR CLAIM UNDER THIS PRIVACY POLICY SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
CONTACT INFORMATION: To ask questions about this Privacy Policy, please contact us at legal@chalksocean.com.