GIGGLEWATERS PRIVACY POLICY

Gigglewaters and its franchisees (“Gigglewaters” or “we”) respect your privacy and are committed to protecting it through our compliance with this policy. In this Privacy Policy (the “Policy”), we describe how we collect, use, manage, and share information that we obtain about visitors to our websites located at www.gigglewaters.com and all individual Gigglewaters websites linked to www.gigglewaters.com and www.ownagigglewaters.com (collectively, the “Websites”). This Policy does not apply to information that we or our franchisees collect from you offline, at, or through individual Gigglewaters locations.

By visiting the Websites, you agree that your personal information will be handled as described in this Policy. Your use of our Websites and any dispute over privacy are subject to this Policy, including its applicable limitations on damages and the resolution of disputes.

This policy describes the types of information we may collect from you or that you may provide when you visit the Websites and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect

  • on the Websites;
  • in e-mail, text, and other electronic messages between you and Company or otherwise related to the Websites;
  • through mobile and desktop applications you download from the Websites which provide dedicated non-browser-based interaction between you and the Websites; and
  • 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:

  • use offline or through any other means, including on any other website operated by Company or any third party; or
  • any third party, including through any application or content (including advertising) that may link to – or be accessible from or through – the Websites.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Websites. By accessing or using the Websites, you agree to this Privacy Policy. This policy may change from time to time (See Changes to Our Privacy Policy below.) Your continued use of the Websites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

CHILDREN UNDER THE AGE OF 18

Our Websites are not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Websites. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Websites or through any of its features, register on the Websites, use any of the interactive or public comment features of the Websites, or provide any information about yourself to us, including your name, address, telephone number, e-mail address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected].

Residents of certain states under 13, 16, or 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of the Websites, including information

  • by which you may be personally identified, such as name, postal address, e-mail address, telephone number, territory information, financial information, and any other identifier by which you may be contacted on-line or off-line;
  • that is about you but individually does not identify you; and/or
  • about your internet connection, the equipment you use to access the Websites, and usage details.

We collect this information

  • directly from you when you provide it to us; and
  • automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through Cookies, web beacons, and other tracking technologies.

INFORMATION YOU PROVIDE TO US

The information we collect on or through the Websites may include

  • information that you provide by filling in forms on the Websites. This includes information provided at the time of registering to use the Websites, subscribing to our newsletters, posting material, or requesting further information. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Websites;
  • records and copies of your correspondence (including email addresses) if you contact us;
  • your responses to surveys that we might ask you to complete for research purposes;
  • details of transactions you carry out through the Websites, the business related to Company, and of the fulfillment of your orders and the related services provided. You may be required to provide financial information before placing an order through the Websitse;
  • your search queries on the Websites;
  • information about your territory of interest; and
  • financial and investment information.

You may also provide information to be published or displayed (hereinafter, “Posted”) on public areas of the Websites or transmitted to other users of the Websites or third parties (collectively, “User Contributions”). Your User Contributions are posted and transmitted to others at your own risk. We cannot control the actions of other users of the Websites with whom you may choose to share your User Contributions. Therefore, we cannot – and do not – guarantee that your User Contributions will not be viewed by unauthorized persons.

INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES

As you navigate through – and interact with – the Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including

  • details of your visits to the Websites, including traffic data, location data, logs, and other communication data, and the resources that you access and use on the Websites; and
  • information about your computer and internet connection, including your IP address, operating system, and browser type.

We may also use these technologies to collect information about your on-line activities over time and across third party websites or other on-line services (behavioral tracking).

The information we collect may automatically include personal information and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Websites and to deliver a better and more personalized service, including enabling us to

  • estimate our audience size and usage patterns;
  • store information about your preferences, allowing us to customize the Websites according to your individual interests;
  • speed up your searches; and
  • recognize you upon your return to the Websites.

The technologies we use for this automatic data collection may include

  • Cookies (or browser cookies). A Cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of the Websites. Unless you have adjusted your browser setting so that it will refuse Cookies, our system will issue Cookies when you direct your browser to the Websites. For information about managing your privacy and security settings for Cookies, see Choices about How We Use and Disclose Your Information below.
  • Web Beacons. Pages of the Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company to count users who have visited those pages or opened an e-mail, and for other related website statistics (i.e., recording the popularity of certain website content and verifying system and server integrity).

THIRD PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some content or applications (including advertisements) on the Websites 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 and other tracking technologies to collect information about you when you use the Websites. 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, across different websites and other on-line 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. For information about how you can opt-out of receiving targeted advertising from many providers, see Choices about How We Use and Disclose Your Information below.

Our Websites may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of third-party websites.

HOW WE USE YOUR INFORMATION

We use the information we collect about you or information that you provide to us, including any personal information

  • to present the Websites and its contents to you;
  • to provide you with information, products, or services that you request from us;
  • to fulfill any other purpose for which you provide this information;
  • 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 changes to the Websites or any products or services we offer or provide through it;
  • to allow you to participate in interactive features on the Websites;
  • in any other way we may describe when you provide the information; and
  • for any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on – or otherwise interact with – an advertisement, the advertiser may assume that you meet its target criteria.

DISCLOSURE OF YOUR INFORMATION

We will not disclose your information to anyone unassociated with Gigglewaters. We will not sell your information to any third parties.

We may disclose your personal information:

  • to comply with any court order, law, or legal process, and to respond to any government or regulatory request;
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Gigglewaters, our customers, or others; this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • 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. If you disable or refuse Cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an e-mail stating your request to [email protected]. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by [email protected]. For this opt-out to function, you must have your browser set to accept all browser cookies.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt-out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website. You can also download the Google Analytics Opt-out Browser Add-on to prevent your data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout. Currently, our systems do not recognize browser “do-not-track” requests.

Residents of certain states may have additional personal information rights and choices. Please see Your State Privacy Rights below for more information.

ACCESSING AND CORRECTING YOUR INFORMATION

You may send us an e-mail at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Websites, copies of your User Contributions may remain viewable in cached and archived pages or may have been copied or stored by other Website users. Proper access and use of information provided on the Websites, including User Contributions, is governed by our Terms of Use.

TEXT MESSAGING SERVICES

Gigglewaters (collectively, “we”, our” or “us”) may make available text messaging services in which you can receive messages from us and send messages to us on your mobile phone (the “text messaging services”).

By using our text messaging services, you agree to the following terms and conditions. If you do not agree to these terms and conditions, please do not use the text messaging services. You can stop messages at any time by replying “STOP”.

Opt-In

To receive text messages from us, you must opt-in to the text messaging services by submitting an inquiry form on OwnAGigglewaters.com. By signing up for the text messaging services, you consent to the use of an automatic dialing system to deliver text messages to the mobile phone number you have provided for the transmission of these text messages.

Privacy

We will use the information we obtain in connection with the text messaging services in accordance with our Privacy Policy.

Cancellation

To cancel your text messaging subscription at any time, simply reply “STOP”. You will receive a final text message to confirm your unsubscribe request and you will receive no further text messages from us. We reserve the right to terminate the text messaging services, in whole or in part, at any time without notice.

Help

For help and additional support services, you may email [email protected].

Text Messaging and Data Rates

Standard message and data rates may apply to any messages sent by us or you. Please contact your wireless provider with any questions regarding text messaging or data rates and plans.

Account Holder

You represent and warrant that you are the account holder for the mobile phone number you provided. If you are not the account holder, you represent and warrant that you have the consent of the account holder to sign up for and use the text messaging services and to enter into this agreement. If you are not the account holder or you do not have the consent of the account holder, reply “STOP” immediately.

Disclaimer

Text messages are delivered via a third-party service provider and we do not control all factors related to message delivery. To the extent permitted by applicable law, we do not claim or guarantee availability or performance of our text messaging services, including transmission delays, message failure, accuracy or that the services will be error-free. Receipt of messages is dependent on your mobile service provider. The text messaging services may not be compatible with all mobile phone devices. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

You acknowledge and agree that the text messages are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the text messaging service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the text messaging services.

UNSUBSCRIBE

Gigglewaters may send periodic information and/or promotional emails to you. If you prefer not to receive such communications from Gigglewaters, you will have the ability to unsubscribe by means of a link provided in such emails from Gigglewaters or by contacting us at [email protected]. Please include with your unsubscribe request your first and last name and the email address you wish to unsubscribe. Please note that it may take up to 10 business days for us to process opt-out requests.

YOUR STATE PRIVACY RIGHTS

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to

  • confirm whether we process their personal information;
  • access and delete certain personal information;
  • correct inaccuracies in their personal information, taking into account the information’s nature processing purpose (excluding Iowa and Utah);
  • data portability;
  • opt-out of personal data processing for
  • targeted advertising (excluding Iowa);
  • sales; or
  • profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah); and
  • either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights or to appeal a decision regarding a consumer rights request, you may send us an e-mail at [email protected].

To learn more about California residents’ privacy rights, visit www.oag.ca.gov/privacy/ccpa. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Website/App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or write us at 2451 McMullen Booth Rd. #308 Clearwater, Fl 33759. To learn more about consumer privacy rights in other states and how to exercise them, visit your state’s website regarding privacy rights in your state.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sales opt-out rights may submit a request to [email protected] or write us at 2451 McMullen Booth Rd. #308 Clearwater, Fl 33759.

DATA SECURITY

All information you provide to us is stored on encrypted web servers behind firewalls which are owned, operated, and controlled by third party providers.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Websites, you are responsible for keeping this password confidential. We ask that you do not share your password with anyone. We urge you to be careful about giving out information in public areas of the Websites such as message boards. The information you share in public areas may be viewed by any user of the Websites.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Websites. 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 Websites. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Websites. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the e-mail address specified in your account and/or through a notice on the Websites. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable e-mail address for you, and for periodically visiting the Websites and this Privacy Policy to check for any changes.

ARBITRATION

All disputes arising out of or relating to this Policy shall be resolved only by individual arbitration conducted in Tampa, Florida under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration, except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in an amount to be determined by the arbitrator. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for judicial acceptance of the award or order of enforcement. In addition, Gigglewaters shall be entitled to seek injunctive relief, security, or other equitable remedies from any court of competent jurisdiction.

LIMITATION OF LIABILITY

In no event will Gigglewaters, its suppliers, or other third parties be liable for indirect, special, consequential, incidental, exemplary, punitive, or multiple damages, or for loss of profits, goodwill, data, equipment, or use, or for business interruption arising from or in connection with the existence, use, inability to use, or the results of use of the Websites, whether based on warranty, contract, tort, or any other legal theory and whether or not Gigglewaters has been advised of the possibility of such damages. In addition, Gigglewaters is not liable for the cost of any servicing or repair or equipment resulting from use of the Websites.

CONTACT INFORMATION

To ask questions or comment about this Privacy Policy and our privacy practices, or to register a complaint or concern, contact us by e-mail at [email protected] or write us at 2451 McMullen Booth Rd. #308 Clearwater, Fl 33759.

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