Privacy

SURFER FORECAST POWERED BY SURFABLE AND SURFABLE PRIVACY NOTICE

Last updated: [January 1st, 2020]

This Privacy Notice applies to Surfer Forecast Powered by Surfable, Surfable LLC, and Surfable mobile applications (“Surfable”, “we”, “our”, “us”). This Privacy Notice explains how we collect, use and share the personal information that we gather on our application (the “Services”). By continuing to use our Services, you agree to the terms of this Privacy Notice.

Please read below to learn more about our Privacy Notice:

  1. What Types of Personal Information Do We Collect?
  2. How Do We Use Personal Information?
  3. How Do We Share Personal Information?
  4. Your Privacy Choices
  5. Legal Bases for Processing (EEA Individuals)
  6. EEA Individuals’ Rights
  7. International Transfers of Data
  8. Children’s Privacy
  9. Change of Control
  10. Notice Changes
  11. Contact Information

1.     What Types of Personal Information Do We Collect?

Information You Give Us. You may give us information by signing up for a Surfable account and using our products and services or through contacting us by phone or email for information or customer service.

The categories of information include:

  • Identifiers, such as your name and email address
  • Payment information, such as your debit card or credit card number
  • Commercial information, such as a record of Surfable subscription purchases
  • Internet or other electronic network activity information, such as session logs
  • Geolocation data, such as your physical location
  • Visual information, such as your profile picture

Information We Automatically Collect. Like many website and mobile application providers, we collect information that your browser or device sends whenever you visit our website or application.

This includes Log Data, such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages and other statistics, and whether you reached our page via a social media or email campaign. This information may be collected via several technologies, including cookies, web beacons, clear GIFs, canvas fingerprinting and other means, such as Google Remarketing or Facebook Pixel.

Information We Collect From Third Parties. If you access our Services through third parties such as Facebook or Instagram, the third party service may send us certain information about you if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service. We may also obtain your information from third party providers, such as surfing publications, in order to provide you with our services.

2.     How Do We Use Personal Information?

We use your personal information as follows:

  • To provide you with the services on our platform, which involves the processing of geolocation data to identify nearby surfing locations
  • To communicate with you, such as providing customer service, marketing, and sending push notifications
  • To bill and collect money owed to us by you
  • To share with third-party marketing partners to provide tailored advertising on our Services
  • To analyze Services usage and improve the services offered
  • For market research, project planning, troubleshooting problems
  • For detecting and protecting against error, fraud, or other criminal activity

3.     How Do We Share Personal Information?

Surfable Applications. The Surfable mobile applications integrate with social media platforms to find and return relevant, publicly posted content, such as media objects classified under a hashtag, to the user within an application feed. If you post public information to your social media feed, this information may be shown on the mobile application to users of the platform.

Affiliates and Service Providers. We share your information with our third-party service providers and any subcontractors as required to offer you our products and services. These service providers are under a duty of confidentiality.

Third Party Marketing and Advertising Organizations. We may share your information with third party marketing and advertising partners to provide tailored advertising on our Services.

Third Party Links and Websites. Our Services may contain links to and from the websites of third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any data to these websites.

Disclosures Required by Law. We may be required to disclose your data in response to lawful requests by public authorities, including to meet law enforcement requirements. We may be under a duty to disclose or share your personal information in order to comply with any legal obligation, to enforce or apply our terms and conditions and other agreements, to protect our rights, property, or safety, or the protect the rights, property, or safety of others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

4.     Your Privacy Choices

Please contact us using the contact details provided in the “Contact Information” section below if you would like to request access and/or make any changes to your personal information.

Marketing Opt-Out: We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe instructions provided in any email we send, or you can contact us using the contact details provided in the “Contact Information” section below. You will still continue to receive service-related messages concerning products and services you have purchased (unless we have indicated otherwise).

California Privacy Rights

If you are a California consumer, you have the following rights:

  • The right to know what personal information is being collected about you.
  • The right to know whether your personal information is sold or disclosed and to whom.
  • The right to say no to the sale of personal information.
  • The right to access your personal information.
  • The right, in certain circumstances, to delete the information you have provided to us.
  • The right to equal service and price, even if you exercise your privacy rights.

Request for Information and Deletion. California consumers have the right to request, up to twice in a 12-month period, that a business that collects personal information about the consumer disclose to the consumer the information listed below for the preceding 12 months. We have the right to request verification of your identity for all requests for information.

(1) The categories of personal information it has collected about that consumer.

(2) The categories of sources from which the personal information is collected.

(3) The business or commercial purpose for collecting or selling personal information.

(4) The categories of third parties with whom the business shares personal information.

(5) The categories of personal information that the business sold about the consumer and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was sold.

(6) The categories of personal information that the business disclosed about the consumer for a business purpose.

(7) The specific pieces of personal information it has collected about that consumer.

To make such a request, please contact us by mail or email using the contact details below.

Do Not Sell My Personal Information. California consumers have the right to opt out of the sale of the consumer’s personal information. To make such a request, please contact us by mail or email using the contact details below.

Third Party Marketing. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us using the contact details provided in the “Contact Information” section below.

Nevada Privacy Rights

Do Not Sell My Personal Information. Nevada consumers have the right to opt out of the sale of the consumer’s personal information. At this time, we do not sell consumer’s personal information to third parties.

5.     Legal Bases for Processing (EEA Individuals)

If you are from the European Economic Area, our legal bases for collecting and using your Personal Information is as follows:

  • The performance of your contract or to enter into the contract and to take action on your requests. For example: the processing of your Surfable account registration; providing information on your interactions with our mobile applications; and providing you with weather, wave, wind, swell, tide, and other surfing condition data based upon your location.
  • Our legitimate business interests. For example, fraud prevention, maintaining the security of our network and services, direct marketing to you, and improvement of our services.
  • Compliance with a mandatory legal obligation. For example, accounting and tax requirements, which are subject to mandatary retention periods. We may also collect your Personal Information to record your requests to exercise your rights and to verify your identity for such requests.
  • Consent you provide where we do not rely on another legal basis. Consent may be withdrawn at any time.
  • In some limited cases, we may also have a legal obligation to collect Personal Information from you, in response to lawful requests by public authorities, including to meet law enforcement requirements, as described above in “How Do We Share Personal Information?”

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided in the “Contact Information” section below.

6.     EEA Individuals’ Rights

If you are from the European Economic Area, you have the right, under certain circumstances, to:

  • Access your Personal Information;
  • Correct inaccurate Personal Information;
  • Request erasure of your Personal Information without undue delay;
  • Request the restricted processing of your Personal Information;
  • Request portability of the Personal Information that you have given us; and
  • To object to the processing of your Personal Information.

If you are from the European Economic Area, you also have the right to lodge a complaint with a supervisory authority, under certain circumstances.

You may contact us using the contact details provided in the “Contact Information” section below for more information or to exercise your rights.

7.     International Transfers of Data

Any data that you provide to us may be accessed, shared or processed by our offices, located in the United States, and service providers located in the United States, if such data transfer is necessary for the specific purpose for which you submitted your data (such as the provision of goods or services under a written contract).

This may entail a transfer of your personal information across international borders. The data protections standards may differ and be lower than the standards enforced in your jurisdiction.

We maintain appropriate safeguards as required by applicable law for any personal information transferred internationally, and as required by applicable law, will seek your consent prior to such transfers.

8.     Children’s Privacy

The Services are not directed at individuals under the age of 16. We do not knowingly collect personal information from children under 16. If you become aware that a child has provided us with personal information, please contact us using the contact details provided in the “Contact Information” section below. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information.

9.     Change of Control

Personal information may be transferred to a third party as a result of a sale, acquisition, merger, reorganization or other change in control. If we sell, merge or transfer any part of the business, part of the sale may include your personal information.

10.  Notice Changes

We may change our Privacy Notice at any time. We encourage you to periodically review this Privacy Notice to ensure you are familiar with the most current version.

11.  Contact Information

If you wish to contact us or have any questions about or complaints in relation to this Privacy Notice, please contact us at the following contact details:

Surfer Forecast Powered by Surfable

contact@surfable.co

LEGALINC REGISTERED AGENTS, INC. (C4249296) Entity Address: FOUR EMBARCADERO CENTER STE1400 #85 SAN FRANCISCO CA 94111 Entity Mailing Address: 10601 CLARENCE DR STE 250 FRISCO TX 75033.

949-416-3396