Privacy Policy

Effective Date: March 1, 2018

This Online Privacy Policy (“Privacy Policy”) explains how Swell Spark, LLC and Blade & Timber, LLC (together with all related trade names and affiliates, “Swell Spark”, “our”, “we”, or “us”) handles personal information provided to us on websites controlled by Swell Spark that link to this Privacy Policy, including without limitation, https://swellspark.com/, http://catalystbuild.com/, https://breakoutwaikiki.com/, https://breakoutkc.com/, https://getoutomaha.com/, https://getoutgames.us/, https://bladeandtimber.com/, https://epicaloha.com/ , https://choirbar.com/ (collectively, “Sites”). This Privacy Policy does not apply to Sites controlled by Swell Spark that do not link to this Privacy Policy or to third-party websites linked from our Sites.

We are committed to protecting the confidentiality and security of your Personal Information.  When we use the term “Personal Information” in this Privacy Policy, we mean information about you that is personally identifiable to you, such as your contact information (e.g., name, address, email address, or telephone number) and any other non-public information that is associated with such information. When we use the term “Non-Personal Information”, we mean information about you but that does not identify you.

We may collect Personal Information that you provide on our Site in connection with your use of our Sites.  For example, you may voluntarily submit your Personal Information to us by filling out web forms completing a booking or waivers, receiving and responding to marketing information, purchasing our gift cards and products, or by responding to surveys.  If you communicate with or request information from Swell Spark through phone, SMS/text, email or live chat, you may be prompted to provide Personal Information that is relevant to your request. This could include, without limitation:

• Your name, email address, phone number (“Contact Information”).
• Your credit card number, billing address, shipping address, security code and other payment transaction and verification details (“Payment Information”);

We may use your Personal Information for the following purposes (subject to applicable restrictions under law):

We may use your Contact Information to

• provide you the products and services you requested;
• communicate with you to respond to your inquiry;
• send you electronic newsletters;
• provide you with special offers or promotional materials;
• contact you with regard to your use of the Sites and, in our discretion, changes to the Sites and related policies;

We may use your Payment Information to facilitate payments to us;

We may use your Personal Information to

• improve the Sites, to customize your experience with the Sites or to serve you specific content that we believe is relevant to you;
• create Non-personal Information such as aggregate statistics relating to the use of the our services and offerings;
• protect or defend our legal rights, our property, our Sites or other users;
• purposes otherwise disclosed at the time you provide your information.

As you use the Sites, certain information (which may include Personal Information) may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third-party tracking services, including without limitation:

• Site Activity Information. We may keep track of some of the actions you take on the Sites, such as the pages you visited.
• Access Device and Browser Information. When you access the Sites from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times.
• IP Address. We may record the Internet Protocol (“IP”) address of your computer or other electronic device when you visit our Sites.  An IP address identifies the electronic device you use to access our Sites, which allows us to maintain communication with your computer as you move about Sites and to customize content.

We use the following technologies on our Site to collect information:

• Web Beacons. Web beacons are small graphic images or other web programming code that may be included in our Site pages or other areas of the Sites.  Web beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users of our Sites.  Unlike cookies, which are typically stored on your computer or mobile device’s hard drive, web beacons are embedded invisibly on web pages. Web beacons or similar technologies help us better manage content on our Sites by informing us what content is effective, counting the number of users of the Sites, monitoring how users navigate the Sites, or counting how many emails, articles or links  were actually opened or viewed.
• Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Sites, such as the links you click on.  The code is temporarily downloaded onto your computer, mobile or other device from our server or a third-party service provider.
• Cookies. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the Sites again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Site features or services may not function properly without cookies. We use cookies to improve the quality of our services and offerings, including for storing user preferences, tracking user trends and providing relevant advertising to you.
• Google Analytics. We may use Google Analytics to help analyze how users use the Sites.  Google Analytics uses Cookies to collect information such as how often users visit the Sites, what pages they visit, and what other sites they used prior to coming to the Sites. We use the information we get from Google Analytics only to improve our Sites, services, offerings, and marketing activities such as remarketing. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

We may also use Non-personal Information collected to improve the Sites, to customize your browsing experience, communicate with you, and otherwise respond to your questions and suggestions regarding use of the Sites as may be permitted by applicable law.  This includes sharing your information with our vendors and use in the aggregate to create summary statistics that help us analyze Site usage trends, assess what information is of most and least importance, determine technical design specifications, arrange the Sites in a user-friendly way, and identify system performance or problem areas.

We only share your Personal Information with companies, organizations and individuals outside of Swell Spark as described below.

• Affiliates.  We may share your Personal Information with our affiliates and stores who will accommodate your booking or provide you the products, services, and offerings you requested.  These affiliates may contact you about their products, services or other offerings that may be of interest to you.
• Service Providers.  We may share your Personal Information with affiliated and unaffiliated companies that perform tasks on our behalf related to our business.  Such tasks include processing payments, fulfilling orders, booking, obtaining waivers relating to our products, services, and offerings, delivering packages, analyzing website or mobile application usage data, customer service, electronic and postal mail service, contests/surveys/sweepstakes administration, marketing services and social commerce and media services (e.g., Facebook, ratings, reviews, blog).  Third-party service providers receive your Personal Information as necessary to perform their role, and we instruct them not to use your Personal Information for any other purposes.
• Professional Advisors.  We may share your Personal Information with our auditors, lawyers or other professional advisors so they can support our business.  Like the other service providers, these professional advisors are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• As required or Appropriate by law.  We will disclose your Personal Information as necessary or appropriate, including without limitation:

• As required by law, which can include providing information as required by law, regulation, subpoena, court order, legal process or government request;
• To enforce our Terms of Use, including investigations of potential violations thereof;
• To detect, prevent or otherwise address fraud, security or technical issues;
• When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
• Business Transfers.  As we continue to develop our business, we might sell or buy brands, stores, subsidiaries or businesses.  We may share or transfer your Personal Information with a third-party in such transactions (including without limitation, any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, brands, affiliates, subsidiaries or other assets).  In those transactions, your information can be one of the transferred business assets, but remains subject to any preexisting applicable Privacy Policy.

While no websites can guarantee security, we maintain appropriate technical and organizational measures to protect your Personal Information, including assuring that third-party service providers who access or handle Personal Information on our behalf and affiliates maintain such safeguards. For example, the Sites are protected by secure socket layer (“SSL”) technology.

However, there is no guarantee that information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.  When you submit information to us through our Site, you should be aware that your information is transmitted across the Internet and that no method of transmission over the Internet is completely or 100% secure.  Please note that emails, live chat messages, and other communications you send through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

In the event that a breach in our security systems occurs and there is a possibility that an unauthorized person acquires your Personal Information, we will notify you of such a breach if we are required by applicable law to do so.  However, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system, as well as for the legitimate needs of law enforcement, if notification would impede a criminal investigation.  From time to time, we evaluate new technologies for protecting information and, when appropriate, we will undertake reasonable efforts to upgrade our information security systems. If you notice or suspect any security violations, please contact us by sending an email to privacy@swellspark.com.

We will retain your Personal Information for the length of time needed to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

You can contact us at privacy@swellspark.com to update or correct the information you have provided.  If you do not want to receive marketing or other communications from us, please use the unsubscribe method provided in our communications.

The use of third-party cookies is not covered by our Privacy Policy.  We do not have access or control over these cookies. If you continue to use our Sites, we will assume you agree to the use of these cookies.  You may visit the third-party links below to opt out of their tracking and/or learn about their privacy practices. However, we are not in control of the location of the instructions and information provided by the third parties below and, therefore, you may have to locate the particular instructions and information for the respective third-party if these links are no longer current.  Although not all cookies and similar technologies that we use are required for you to use the Sites, disabling these technologies altogether could prevent the Sites from working properly and disable features that allow you to take full advantage of our offerings.

• Google Analytics

• To view Google’s privacy policy, please click here.
• To opt out, please download and install the Google Analytics Opt-out Browser Add-on by clicking here.
• Facebook Business

• To view Facebook’s data use policy, please click here.
• To opt out, please click here.

Unaffiliated third parties may use cookies and other technologies on our website to collect information about your online activities over time and across different websites you visit in order to provide you with interest-based advertising. You can generally opt-out of receiving interest-based advertisements from members of the Network Advertising Initiative or the Digital Advertising Alliance by clicking here for NAI and here for DAA. When you opt-out using these links, please note that you may still receive advertisements.  They just will not be personalized based on your interests.

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked.  Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, our Sites do not currently interpret, respond to or alter their practices when it receives “Do Not Track” signals.

We do not knowingly collect Personal Information from children and are committed to preventing the unintentional collection of Personal Information from children under the age of 13. We recognize the need to provide further privacy protections with respect to Personal Information we may have collected from children on our Sites. When we intend to collect personal information from children, we take additional steps to protect children’s privacy, including:

• Notifying parents about our information practices with regard to children, including the types of Personal Information we may collect from children, the uses to which we may put that information, and whether and with whom we may share that information;
• In accordance with applicable law, obtaining consent from parents for the collection of Personal Information from their children, or for sending information about our products, services and offerings directly to their children;
• Limiting our collection of Personal Information from children to no more than is reasonably necessary to participate in an online activity;
• Subject to verification, giving parents access or the ability to request access to Personal Information we have collected from their children and the ability to request that the personal information be changed or deleted.

If you are the parent or legal guardian of a child under the age of 13 whom you have reason to believe has provided his or her own Personal Information to us, you have the right to request the removal of that child’s Personal Information from our database.  In order to request such removal, please send an email to privacy@swellspark.com.  You will be required to verify your identity as the child’s parent or legal guardian in order to have their Personal Information removed.

Our Sites may contain links to social networking and other websites and mobile applications that are operated and controlled by third parties.  While we try to link only to websites that share our standards and respect for privacy, we do not take responsibility for the content or the privacy practices employed by other websites.  Unless otherwise stated, any Personal Information you provide to any such third-party website will be collected by that party and not by us, and will be subject to that party’s privacy policy (if any), rather than our Privacy Policy.  In such a situation, we will have no control over, and shall not be responsible for, those third parties’ use of the Personal Information you provide to them.

We may update this Privacy Policy from time to time to reflect changes to our information practices.  We will provide you with advance notice of a major change prior to your access of any portion of the Sites.  For example, we may (i) require that you re-accept the updated version of this Privacy Policy, (ii) send you an electronic notification advising of the update to this Privacy Policy, or (iii) include a notice on the Sites.  We do not ordinarily provide advance notice of a minor change.

We encourage you to periodically review this page for the latest information on our privacy practices.  You can tell when changes have been made to the Privacy Policy by referring to the “Effective Date” legend on top of this page.  Your continued use of the Sites and/or utilization of any Site benefits after this Privacy Policy has been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of the Privacy Policy.

If have any questions about this Privacy Policy or any of the above, please email us at privacy@swellspark.com.  You may also contact us by mail at: Swell Spark, LLC, 43 Kansas Ave., Kansas City, KS, 66105, or by phone at 1 (816) 945-2633.

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