SailPlay - Privacy Policy

By visiting the website located at http://sailplay.net and any other applications and features (collectively, the “Site”) and using the services (the “Services”) provided by SailPlay (“SailPlay” or “us”), you consent to our use and processing of your information as set forth herein. This Privacy Policy covers SailPlay’s treatment of personal information that SailPlay gathers when you are on the Site or use the Services and that our customers and business partners share with SailPlay. These privacy practices apply to SailPlay’s customers and any internet users that visit the websites, applications or other features offered by SailPlay’s customers (collectively, “Customer Sites”). This policy does not apply to third parties that SailPlay does not own or control. Any order forms or additional agreements to which users agree governing the provision of optional SailPlay features shall take precedence over the terms of this Privacy Policy to the extent of any differences, so please read such order forms or additional agreements carefully.

Collection of Information from Customer Site End Users

This section describes our policies for internet users that visit Customer Sites. Information Collected by SailPlay In the course of providing user and usage data analytics Services to our customers, SailPlay collects both non-personally identifiable and personally identifiable information about end users of Customer Sites. Personally Identifiable Information (“PII”) collected by SailPlay includes data such as your name, address, phone number, or email address, which you have provided to the Customer Site. SailPlay will not collect your password for any Customer Site or credit card information you have supplied to any Customer Site. We do not purchase or receive information about you from third parties (other than our customers). SailPlay also collects non-personally identifiable information about you from Customer Sites you visit, including the following types of data: Standard Data – common information found in every communication sent over the internet. Using this information, SailPlay can infer information such as browser type (e.g., Netscape or Internet Explorer); operating system (e.g,. Macintosh or Windows); browser language (e.g., Java or Unix); and internet service provider (e.g., MindSpring or AOL) Clickstream Data – SailPlay can infer how you use our Customer Sites and various pages on the internet. SailPlay may use this PII and non-personally identifiable information to provide our Services to our customers.

Cookies

Cookies are alphanumeric identifiers transferred to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our Site are visited and by how many people. Like most internet sites, SailPlay uses cookies to enhance our users’ and customers’ experience on the internet. These cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your name or e-mail address is. Most browsers allow you to prevent the browser from accepting new cookies, to be notified when you receive a new cookie, or to disable cookies. To disable cookies set by SailPlay, simply contact us at privacy@sailplay.net and we will provide you with an opt-out.

Data Retention

Cookies set on behalf of SailPlay expire after three years and the expiration date updates every time you encounter our server. SailPlay retains standard web log data 5 years after you visit a Customer Site, and aggregations and reports for up to 10 years after you visit a Customer Site.

Consumer Choice and Access

The process for individual internet users to review and/or request changes to their PII collected by SailPlay is outlined in the Additional Policies section below.

Collection of Information from SailPlay Customers

This section describes our policies for end users of the SailPlay Site and Services, SailPlay customers, and corporate partners.

Information You Provide to Us

We receive and store any information you enter on the Site or through the Services or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our features. We use PII provided by you for such purposes as responding to your requests for Services, customizing the content you see, communicating with you about our products, and marketing our Services to you. In order for you to use all of our features, you must register with SailPlay. We require your e-mail address and password during the registration process. Further information may be required if you choose to purchase paid components of the Services, such as credit card and billing information. SailPlay uses third party partners for credit card processing who may require and store your credit card and billing information.

Automatic Information

We receive and store certain types of information whenever you interact with us. SailPlay automatically receives and records “traffic data” on our server logs from your browser including your IP address, SailPlay cookie information, and pages you request. SailPlay uses this traffic data to analyze trends and administer the Site. Our service automatically collects usage information, such as the numbers and frequency of visitors to our Site and its components. This data is only used in the aggregate. This type of collective data enables us to figure out how often users use different parts of the Site and Services. In addition, we may provide statistical collective user information, not information about you personally, to our partners so that they understand how often people use specific components of our Site and Services.

E-mail Communications

If you purchase SailPlay’s online tools to collect and analyze user and usage data for your Customer Site through the Site or Services, SailPlay will communicate with you about the services you purchase by e-mail. You consent to receiving such confirmations by e-mail. If you contact us via e-mail through the Site, we may retain a record of your contact information and any information you provide us in your message to respond to you. We may receive a confirmation when you open an e-mail from SailPlay. We may also send e-mails with service updates, news or promotions. If you do not want to receive e-mail from us, please contact us at privacy@sailplay.net. If you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Site and Services.

Information From Other Sources

To improve our Services, we may receive information about you from other sources and add it to our account information. Like the information you provide to us, we do not share this information with anyone except authorized third parties in connection with providing you with our Services.

Cookies

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our Site are visited and by how many people. SailPlay cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your name or e-mail address is. Most browsers allow you to prevent the browser from accepting new cookies, to be notified when you receive a new cookie, or to disable cookies. Some of our business partners may use cookies on our Site. However, we have no access to or control over these cookies.

Sharing of PII by SailPlay

This section describes our policies for sharing PII received from either Customer Site end users or SailPlay end users or customers. We neither rent nor sell PII to anyone. Except as provided for in any additional agreement you enter into with SailPlay, we share your personal information only as described below:

Affiliated Businesses We Do Not Control

SailPlay may provide services or sell products jointly with affiliated businesses. We will share customer information that is related to such transactions with those affiliated businesses. We require our affiliates to provide the same level of privacy protection that we do and they do not have the right to share or use personal information for any purpose other than for an authorized transaction. SailPlay may share aggregated demographic information with customers in connection with the provision of the Services.

Agents

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products and services. Examples include billing, processing payments, providing marketing assistance, and providing customer service. Our agents subscribe to the same level of privacy protection as we do. Unless we tell you differently, SailPlay’s agents do not have any right to use PII collected from our Site and Services beyond what is necessary to assist us. Financial and billing information is collected through the Site and Services directly by a third-party intermediary and is used solely to bill for the Services. SailPlay does not receive your billing information from this third-party intermediary, who may store, retain, and use the information provided solely for the purpose of credit card processing.

Promotional Offers

We may send offers to our customers on behalf of other businesses or provide our customers with the opportunity to notify end users directly of promotions by text messages or e-mail. If you do not wish to receive these offers, please e-mail us at privacy@sailplay.net.

Business Transfers

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if SailPlay, or substantially all of its assets, were acquired, user information would be one of the assets that is reviewed and transferred. You acknowledge that such transfers may occur, and that any acquirer of SailPlay may continue to use your PII as set forth in this policy.

Protection of SailPlay and Others

We may release PII when we in our sole discretion believe in good faith that release is necessary or appropriate to comply with the law, enforce or apply our conditions of use and other agreements, or protect the rights, property, or safety of SailPlay, our employees, our customers, or others.

With Your Consent

Except as set forth above, you will be notified when your personal information may be shared with third parties.



Additional Policies



Information Security

Your SailPlay account information is protected by a password for your privacy and security. We use industry-standard Secure Socket Layer (SSL) software to protect the security of your PII during transmission, which encrypts all of the information you input. Only employees or agents who need personal information to perform a specific job are granted access to it. All of our employees are kept up to date on our privacy and security practices. While SailPlay uses commercially reasonable means to secure your information, we do not guarantee that your personal information will not be improperly accessed, disclosed, or destroyed by breach of any of our safeguards.

Accessing Information

You are able to access, add to and update certain information about you. When you update information, however, we often maintain a copy of the unrevised information in our records. You may deactivate your SailPlay account by following the deactivation process set forth on the Site. Some information may remain in our records after deletion of your account. Please contact us at privacy@sailplay.net if you have questions or concerns about accessing your PII.

Conditions of Use

Your use of the Site and Services and any possible dispute over privacy are subject to this Privacy Policy and our Terms of Service, including limitations on damages, dispute resolution, and application of California state law.

International Visitors

For users outside the United States, please note that any data or PII you enter into the Services or Site will be transferred out of your country and into the United States. You consent to such transfer through your use of the Services and Site. You also warrant that you have the right to transfer such information outside your country and into the United States.

US-EU Safe Harbor and US-Swiss Safe Harbor

SailPlay complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. SailPlay has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view SailPlay’s certification, please visit http://www.export.gov/safeharbor/.

Privacy Complaints by European Union And Swiss Citizens

In compliance with the US-EU and US-Swiss Safe Harbor Principles, SailPlay commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact SailPlay at privacy@sailplay.net. SailPlay has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by SailPlay, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

Use of SailPlay by Children

SailPlay is not intended for children. If you are under 18, you may use the Site and Services only with the supervision of your parent or guardian.

Third Party Sites

The Site and Services may permit you to link to other websites on the Internet, and other websites may contain links to the Site or Services. These other websites are not under SailPlay’s control and SailPlay is not responsible for the privacy or security practices or the content of such websites.

Changes to this Privacy Policy

SailPlay may amend this Privacy Policy. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes to our privacy policy, we will notify you by posting an announcement on our Site.

Right to claim for timely data destruction

You have the right to claim from us timely destruction (or ensure the destruction) of your Personal Data. If you would like to exercise this right, please send us a detailed message to privacy@sailplay.net.

Questions or Concerns

If you have any questions or concerns regarding privacy at SailPlay, please send us a detailed message to privacy@sailplay.net. Your privacy is important to us and we will make every effort to resolve your concerns.