AquaTails Privacy Policy

AquaTails Privacy Policy

AquaTails (“AquaTails,” “us,” “we” or “our”) is committed to protecting the users of the AquaTails web site (the “Site”). This privacy policy (this “Policy”) discloses AquaTails’ information privacy practices for the Site and is intended to inform users and other visitors to the Site of the data collection and use practices of the Site. Amendments to this Policy will be posted on the Site and will be effective when posted. Your continued use of the Site following the posting of any amendment will constitute your acceptance of that amendment.

1. PERSONALLY IDENTIFIABLE INFORMATION.

(a) We only collect and share personally identifiable information regarding users of the Site as described in this Policy. Except as noted in this Policy, personally identifiable information collected on the Site is not shared with third parties without your consent.

(b) We may automatically collect personally identifiable information from you when you access the Site. We may also collect personally identifiable information from you through a number of voluntary sources on the Site, such as responses, registrations, reviews, comments, e-mails, postings, messages, photos or other electronic submissions and communications sent by you to AquaTails or the Site. The personally identifiable information we may collect from you includes, without limitation: domain name and IP address; e-mail address; contact information (including name, address, zip code, and phone number); age; location information, including location information provide by a mobile device or associated with your IP address; user-specific and aggregate information on areas of the Site accessed; username and password information for the Site; and other information volunteered by you.

(c) The personally identifiable information that AquaTails collects from users of the Site (both registered and unregistered) may be used for a variety of purposes; for example, to provide the services and products offered through the Site to users of the Site, to customize advertising and other content displayed on the Site and/or the layout of the Site for each individual user of the Site, to notify users of the Site about updates to and activities on the Site and about goods and services that we feel may be of interest to you, to improve the content of the Site, to analyze data and patterns regarding usage of the Site, to contact users of the Site for marketing purposes, and to contact users of the Site for information verification purposes.

(d) We may share certain personally identifiable information with third party advertisement serving companies to better target the advertising and other content displayed on the Site and provide pertinent offers we think may be of interest to users. In addition, third party advertisers may receive certain personally identifiable information about you if you click on advertisements or company names displayed on the Site (and clicking on any advertisement or company name displayed on the Site will be considered your consent to “opt in” for this transfer).

2. DISCLOSURE REQUIRED BY LAW.

Though we make every reasonable effort to preserve user privacy, we may disclose personally identifiable information of certain users of the Site when we have a reasonable and good faith belief that the disclosure is necessary to enforce the terms of use of the Site, comply with a judicial proceeding, court order or other legal process, or to otherwise enforce or protect AquaTails’ rights under applicable law, including without limitation, AquaTails’ intellectual property rights. In this situation, we will use reasonable efforts to provide notice of this disclosure to all affected users, to the extent reasonably possible under the circumstances.

3. CHOICE AND OPT-OUT.

We provide you with a choice whether to receive certain e-mails. We provide you the opportunity to “opt-out” of having your personally identifiable information used for certain purposes. If you are a user of the Site and you no longer wish to receive e-mail, mail, or telephone calls from us or have your e-mail address or postal address shared with third parties, you may opt-out of receiving e-mail, mail, or telephone calls from us or having your e-mail address or postal address shared with third parties. All opt-out requests can be made by emailing us at Jerilyn@AquaTails.com.

4. CHILDREN.

The Site is not directed to children. For purposes of this Privacy Policy, “children” means children under 13 years of age. Notwithstanding the foregoing, AquaTails understands that the Site may be accessed by children. We recognize the need to provide further privacy protections with respect to personal information that may be collected from children on the Site. For additional information about our practices regarding children’s personal information, please read the Children’s Privacy Policy at the end of this Policy.

5. NON-PERSONALLY IDENTIFIABLE INFORMATION.

Where possible, the AquaTails server automatically recognizes each visitor’s Internet Protocol address. We also collect information about how visitors use the Site (for example, what pages are viewed). This information allows us to improve the content of the Site and facilitate market research.

6. COOKIES, FLASH COOKIES, AND WEB BEACONS.

(a) We may use cookies and similar technology for various purposes; for example, to record session information, such as items that users viewed, and to save certain information about users of the Site and others who visit the Site, in order to facilitate and enhance interaction with the Site.

(b) A cookie does not collect or keep your name or other personally identifiable information; however, we may link the information obtained through cookies to other personally identifiable information to give us a better understanding of your preferences, so that we can provide a more meaningful experience to you on the Site.

7. OTHER WEBSITES; LINKS.

Certain websites of AquaTails’ affiliates, promotional partners, advertisers, sponsors, and other third party websites are accessible through the Site. These third party websites have their own privacy and data collection policies and practices. AQUATAILS IS NOT RESPONSIBLE FOR ANY ACTIONS OR PRIVACY POLICIES OF SUCH THIRD PARTIES. YOU SHOULD CHECK THE APPLICABLE PRIVACY POLICIES OF THOSE THIRD PARTIES WHEN PROVIDING PERSONALLY IDENTIFIABLE INFORMATION THROUGH LINKED WEBSITES.

8. CONSENT TO THE USE OF THIRD PARTY PROVIDERS.

In addition to the specific third parties noted in this Policy, AquaTails may also contract with other third parties to provide various services to AquaTails relating to the Site on an outsourced basis rather than performing the services itself. By visiting the Site, all visitors consent to AquaTails providing both personal and non-personal information received from those visitors to these third party providers for the purpose of enabling the third party provider to provide these outsourced services to AquaTails. In addition, all visitors consent to the collection, maintenance, and processing of their personal and non-personal information by AquaTails and these third party providers.

9. SECURITY.

We will use reasonable security measures on the Site to protect the loss, misuse, and alteration of the information under AquaTails’ control. While there is no such thing as “perfect security” on the Internet, we will take all reasonable steps to insure the safety of your personal information.

10. GENERAL.

This Policy is governed by the internal substantive laws of the State of Colorado, without regard to its conflict of laws principles. Jurisdiction for any disputes, controversies, and claims arising under, in connection with, or out of this Policy shall lie exclusively with the state courts located in Colorado Springs, Colorado, or the federal courts located in Denver, Colorado. If any provision of this Policy is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect. UNDER NO CIRCUMSTANCES SHALL AQUATAILS HAVE ANY LIABILITY WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF THIS POLICY, HOWEVER OCCASIONED.

AQUATAILS CHILDREN PRIVACY POLICY

AquaTails is committed to protecting the privacy of children who use our site. This Children’s Online Privacy Policy explains our information collection, disclosure, and parental consent practices with respect to information provided by children under the age of 13 (“child” or “children”), and uses terms that are defined in our general Privacy Policy. This policy is in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”). For more information about COPPA and general tips about protecting children’s online privacy, please visit OnGuard Online.

1. INFORMATION WE COLLECT FROM CHILDREN, HOW WE USE IT, AND HOW AND WHEN WE COMMUNICATE WITH PARENTS.

AquaTails offers to its users a range of activities and services, some of which may collect information from children. Below, we summarize potential instances of collection and outline how and when we will provide parental notice and/or seek parental consent. In any instance that we collect personal information from a child, we will retain that information only so long as is reasonably necessary to ensure the security of our users and our services, or as required by law. In the event we discover we have collected information from a child in a manner inconsistent with COPPA’s requirements, we will either delete the information or immediately seek the parent’s consent for that collection.

(a) REGISTRATION. Children can, in many cases, can use the Site to post pictures and comments, among other things. During the submission process, we may ask the child to provide certain information for notification and security purposes, including a parent or guardian’s email address and the child’s first name and gender. We also may ask for birth dates from children to validate their ages. Please note that children can choose whether to share their information with us, but certain features may not function without it. We will not require a child to provide more information than is reasonably necessary in order to participate in an online activity.

Collection of parent email addresses: Consistent with the requirements of COPPA, in any instance in which we ask for age and determine the user is a child, we will ask for a parent or guardian email address before we collect any personal information from the child. If you believe your child is participating in an activity that collects personal information and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please feel free to contact us at Jerilyn@AquaTails.com.
(b) CONTENT GENERATED BY A CHILD. Certain activities on the Site and applications may allow children to create content and save it with AquaTails. Some of these activities do not require children to provide any personal information and therefore may not result in notice to the parent or require parental consent. If an activity potentially allows a child to insert personal information in their created content, we will either pre-screen the submission to delete any personal information, or we will seek verifiable parental consent by email for the collection. Examples of created content that may include personal information are stories or other open-text fields or photo submissions. If, in addition to collecting content that includes personal information, AquaTails also plans to post the content publicly or share it with a third party for the third party’s own use, we will obtain a higher level of parental consent.
About Verifiable Parental Consent:

Email Consent. In the event AquaTails wishes to collect personal information from a child, COPPA requires that we first seek a parent or guardian’s consent by email. In the email we will explain what information we are collecting, how we plan to use it, how the parent can provide consent, and how the parent can revoke consent. If we do not receive parental consent within a reasonable time, we will delete the parent contact information and any other information collected from the child in connection with that activity.

High-Level Consent. In the event AquaTails collects personal information from a child that will be posted publicly, we will seek a higher level of consent than email consent. Such “high-level” methods of consent include, without limitation, asking for a credit card or other payment method for verification (with a nominal charge potentially involved), speaking to a trained representative by telephone or video chat, or requiring a signed consent form by mail, email attachment, or fax. After providing high-level consent, a parent may have the opportunity to use a pin or password in future communications as a way to confirm the parent’s identity.

(c) EMAIL CONTACT WITH A CHILD. On occasion, in order to respond to a question or request from a child, AquaTails may need to ask for the child’s online contact information, such as an email address. AquaTails will delete this information immediately after responding to the question or request. In connection with certain activities or services, we may collect a child’s online contact information, such as an email address, in order to communicate with the child more than once. In such instances, we will retain the child’s online contact information to honor the request and for no other purpose such as marketing. Whenever we collect a child’s online contact information for ongoing communications, we will simultaneously require a parent’s email address in order to notify the parent about the collection and use of the child’s information, as well as to provide the parent an opportunity to prevent further contact with the child.

(d) PERSISTENT IDENTIFIERS. When children interact with us, certain information may automatically be collected, both to make our Site more interesting and useful and for various purposes related to AquaTails. Examples include the type of computer operating system, the child’s IP address or mobile device identifier, the web browser, the frequency with which the child visits various parts of our Site or applications, and information regarding the online or mobile service provider. This information is collected using technologies such as cookies, flash cookies, web beacons, and other unique identifiers. This information may be collected by AquaTails or by a third party. This data is principally used for internal purposes only

In the event we collect (or allow others to collect) such information from children on our Site and applications for other purposes, we will notify parents and obtain consent prior to such collection.

2. WHEN INFORMATION COLLECTED FROM CHILDREN IS AVAILABLE TO OTHERS.

In addition to those rare instances where a child’s personal information is posted publicly (after receiving high-level parental consent), we also may share or disclose personal information collected from children in a limited number of instances, including the following:
• We may share information with our service providers if necessary for them to perform a business, professional, or technology support function for us.
• We may disclose personal information if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose personal information collected from children (a) in response to a law enforcement or public agency’s (including schools or children services) request; (b) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our Site or applications; (c) to protect the security or integrity of our Site, applications, and other technology, as well as the technology of our service providers; or (d) to enable us to take precautions against liability.

3. PARENTAL CHOICES AND CONTROLS. At any time, parents can refuse to permit us to collect further personal information from their children, and can request that we delete from our records the personal information we have collected from their children. Inquiries may be directed by phone at 719-892-7545, or by email Jerilyn@AquaTails.com.

In any correspondence such as email or mail, please include the child’s name and/or username on the Site (if any) and the parent’s email address and telephone number. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any personal information.