Effective Date: December 31, 2022

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This Privacy Policy ("Policy") explains how Around on my Kayak LLC (collectively, "AMK," "we," or "us") collects, uses, and discloses personal information about you. For purposes of this Policy, personal information includes "personal data" and similar terms as defined under applicable privacy laws.

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Contents

• Who Does This Policy Cover?

• How is This Policy Updated?

• What Personal Information Does AMK Collect?

• Why Does AMK Collect Such Personal Information?

• How Does AMK Use Your Personal Information?

• How Does AMK Disclose Your Personal Information?

• Where Does AMK Process and Store Your Information?

• What Are Your Privacy Rights and Choices?

• What About Advertising and Analytics Services Provided by Others?

• Are There Additional Disclosures for Individuals Located in California?

• Are There Additional Disclosures for Individuals Located in Europe?

• How Can You Contact Us?

 

Who Does This Policy Cover?

This Policy applies to personal information we collect both online and offline, including when you access or use our websites and mobile application (collectively, the “Services”), attend our events, outings, or trips, contact customer support, or otherwise interact with us. In some cases, we may provide different or additional policies or notices about our information practices. For instance, we may provide different privacy policies or notices for certain programs or activities, or subsidiaries or affiliates, in which case this Policy will not apply.

 

How is This Policy Updated?

AMK may change this Policy from time to time. If we make changes, we will notify you by revising the Effective Date above and, in some cases, we may provide you with more prominent notice (for example, by adding a statement to our homepage or sending you a notification), such as in connection with making material changes to this Policy. We encourage you to review this Policy regularly to stay informed about our information practices and the choices available to you.

 

What Personal Information Does AMK Collect?

Information You Provide to Us. We collect information you provide directly to us. For example, we collect information when you become a member; make a purchase from us; access and use our Services (including when you write a review or participate in other interactive areas of our Services); create an online account or profile; sign up for or participate in contests, promotions, sweepstakes, customer experience research, surveys, mailing lists, events, outings or trips; engage with us via social media platforms; and when you email, call, chat, or otherwise communicate with us.

The types of information we may collect include your name, address, phone number, email address, ZIP code, photos, videos, social media usernames, demographic information, information about your interests, outdoor activities, and preferences, the content you post to the interactive areas of our Services, and any other information you choose to provide. If you make a purchase from us, we work with third party payment processors to collect and process your payment information.

If you sign up for an AMK event, outing, or trip, or in other limited circumstances, we may collect additional information from you, such as medical, health and disability information, passport information, dietary requirements, information about your fitness condition, and certain physical characteristics and emergency contact information.

In some cases, we may also collect information you provide about others, such as when you provide emergency contact information, purchase a gift card for someone and request that we deliver it electronically, decide to purchase and ship products to someone, or create and share a gift registry. We will use this information to fulfill your requests and will not send communications to your contacts unrelated to your requests unless they separately engage with us or consent to receive communications from us.
 

Information We Collect Automatically. When you access or use the Services or shop in our online stores, we automatically collect certain information about you, including:

• Transaction Information: When you make a purchase or return, or register for events, outings, or trips, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.

• Device and Usage Information: We obtain information about the device you use to access our Services and your use of our Services, including the type of browser you use, hardware model, operating system and app version, mobile network information, IP address, unique device identifiers, access times, pages viewed, items placed in your cart, links clicked, browsing behavior, and the webpage you visited before navigating to our Services.

• Audio and Video Recordings, Photos, and Chat Content: We capture photographs and video recordings in our stores and other facilities for security and loss prevention purposes. If you contact customer service through our chat feature or by phone, we may monitor and retain those conversations, including for training purposes.

• Precise Geolocation Information: In accordance with your device permissions, we may collect information about the precise location of your device. You may stop the collection of precise location information at any time (see the Location Information subsection within the What Are Your Privacy Rights and Choices? section below for details). 

• Information Collected by Cookies and other Tracking Technologies: We (and those who perform work for us) use cookies, web beacons (also known as clear GIFs, web bugs, or pixel tags), and other tracking technologies to collect information about your interactions with our Services, including information about your browsing behavior, purchase behavior, and other engagement with the Services. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons are electronic images that we use on our Services and in our emails to help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, please see the Cookies subsection within the What Are Your Privacy Rights and Choices? section below.

Information We Collect from Other Sources. We may also receive information about you from other sources. For example:

• We receive information from our partners that provide or lead AMK experiences (events, outings, and trips), such as contact information and feedback participants provide.

• We collect change-of-address information, demographic information, and information about consumer preferences, interests, and opinions from data analytics and advertising partners.

• If you create an account or access our Services using credentials from a third-party social media platform (such as Facebook), we have access to certain information from that platform, such as your name, email address, friends list, and public profile information, in accordance with the authorization procedures determined by that platform.

• We collect content you disclose publicly in connection with our products, services, or campaigns, including photos, videos, and profile information.

• If you apply for certain co-branded financial products, we receive certain information from the financial institution we partner with, including whether your application was approved or denied, account closure information, and aggregated information about your transactional history.

• We may collect information about you from other users if they choose to disclose that information with us via the Services, such as if they purchase gifts for you.

Information We Infer or Derive About You. We may derive information or draw inferences about you based on the information we collect. For example, we may infer that you are looking to purchase new hiking gear or other products based on your website browsing behavior and past purchases, or we may use your IP address to draw inferences about your approximate location.

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Why Does AMK Collect Such Personal Information? 

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We collect such Non-personal and Personal Information for the following purposes:

• To provide and operate the Services;

• To provide our Users with ongoing customer assistance and technical support;

• To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;

• To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services; 

• To comply with any applicable laws and regulations.

 

How Does AMK Use Your Personal Information?

We use the information we collect about you to provide the products and services you request and customize your experience with us. We also use the information we collect to:

• provide, maintain, and improve our Services;

• facilitate and improve your in-store and online shopping experience;

• administer your membership and communicate with you about your membership and AMK (including information about your rewards, special offers only available to members, annual meetings, board elections, and our stewardship initiatives);

• provide, deliver, and develop new products and services, process transactions and returns, and send you related information, including confirmations, receipts, invoices, customer experience surveys, and recall notices;

• manage your accounts with us, provide technical support (including to debug and troubleshoot), and send you technical notices, updates, security alerts, support messages, and other transactional or relationship messages; 

• detect, investigate, and help prevent security incidents, fraudulent transactions, and other malicious, deceptive, fraudulent, or illegal activities and help protect the rights and property of AMK and others;

• respond to your comments and questions and provide customer service;

• communicate with you about AMK and partner products, services, offers, surveys and customer experience research, advocacy and stewardship initiatives, news, events, outings, trips, and other information we think will be of interest to you (for information about how to opt out of promotional communications, please see the Promotional Communications subsection of the What Are Your Privacy Rights and Choices? section below);

• comply with our legal and financial obligations;

• monitor and analyze trends, usage, and activities in connection with our Services, stores, and experiences;

• tailor the content and information that we send or display to you, offer location customization and personalized recommendations, help, and instructions, and otherwise personalize your experience while using our Services;

• target advertisements to you on third-party platforms and websites (for more information and to opt out, please see the What About Targeted Advertising and Analytics Services Provided by Others? section below);

• facilitate contests, promotions and sweepstakes, and process and deliver entries, rewards, and prizes; and

• carry out any other purpose conveyed to you at the time the information was collected.

 

What About Targeted Advertising and Analytics Services Provided by Others?

We engage others to provide analytics services, serve advertisements and perform related services across the web and in mobile applications. These entities may use cookies, web beacons, SDKs, device identifiers and other technologies to collect information about your use of the Services and other websites and mobile apps, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information. This information is used to deliver advertising targeted to your interests on other companies' sites or mobile apps and to analyze and track data, determine the popularity of certain content, and better understand your online activity. Some of our advertising partners also enable us to translate your email address or phone number into an identifier that can't be used to identify you personally. Our advertising partners then use that unique identifier to show ads that are more relevant to you across the web and in mobile apps. Some of the activities described in this section may constitute "targeted advertising", "sharing", or "selling" under certain laws. To learn more about the choices available to you with respect to these practices, see the Opting Out of Targeted Advertising, Sharing, and Sales section below.

You can also learn more about interest-based ads, or opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance, by visiting www.aboutads.info/choices. For individuals in the EEA, please visit www.youronlinechoices.eu.

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How Does AMK Disclose Your Personal Information?

In certain circumstances, we disclose (or permit others to directly collect) information about you. The list below describes when and to whom we disclose the categories of personal information described in the What Personal Information Does AMK Collect? section above:

• with service providers, vendors, contractors, or agents who complete transactions or perform services on our behalf, such as those that assist us with our business and internal operations like shipping and delivery, rentals, payment processing, fraud prevention, customer service, surveys and market research, gift cards, experiences and events, co-branded financial products, personalization, data enrichment, analytics, marketing, and advertising;

• when you participate in the interactive areas of our Services (such as by creating a profile, posting comments and other content, reporting trail conditions, or writing reviews), certain information about you may be displayed publicly on our Services and on third-party sites. For example, your photos, videos, stories, posts, comments, product reviews, product questions and answers, wish lists, information about your participation in outdoor activities, and any other content or information you choose to provide in the interactive areas of our Services will be disclosed with users of our Services. In the case of trail conditions, we will also disclose certain information with third party organizations like rangers or other trail service organizations;

• with third parties that provide financing for your purchase if you decide to pay for a product in installments;

• at your direction, including when you share actions you take on the Services with social media, and vice versa, submit a product review using a third party service or otherwise direct AMK to disclose your personal information to a third party;

• in connection with, or during negotiations concerning, any merger or acquisition of all or a portion of our business by another company, joint venture, corporate reorganization, insolvency or bankruptcy, financing or sale of company assets;

• if we believe disclosure is in accordance with, or required by, any applicable law, regulation, or legal process, including lawful requests by public authorities to meet law enforcement or national security requirements;

•  if we believe your actions are inconsistent with our Terms of Use or other agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of AMK, our members, our customers, or any other persons;

• between and among AMK and any current and future parents, affiliates, subsidiaries, and other entities under common control and ownership; and

• with your consent.

We also disclose aggregated or de-identified information, which cannot reasonably be used to identify you. AMK processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.

 

Where Does AMK Process and Store Your Information?

AMK is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. 

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All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

 

What Are Your Privacy Rights and Choices?

Access, Correction, and Deletion. Depending on where you reside, you may have the right to (1) request to know more about and access the personal information we collect, use, and disclose about you, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information.

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To request access, correction, or deletion of your personal information, submit this form to AMK Customer Service at fbehrens@aroundonmykayak.com. You can also access, correct, or delete certain information stored within your online account at any time by logging into your online account and updating your information.

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We may verify your request by asking you to provide information related to your recent interactions with us, such as information regarding a recent purchase. If we deny your request, you may appeal our decision by contacting us at fbehrens@aroundonmykayak.com If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.

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Opting Out of Targeted Advertising, Sharing, and Sales. As described in the What About Targeted Advertising and Analytics Services Provided by Others? section above, we process personal information to understand and improve your experience with our Services and to serve you advertisements on non-AMK properties. Some of these activities may be considered "sales" or "sharing" of your personal information or "targeted advertising" under certain privacy laws. Depending on where you reside, you may have the right to opt out of targeted advertising, sharing, and sales of your personal information. You can do so by visiting by clicking the link below or by visiting our Services with a legally-recognized opt-out preference signal enabled (such as the Global Privacy Control).

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Nondiscrimination. We will not discriminate against you for exercising your privacy rights.

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Promotional Communications. You may opt out of receiving promotional communications from AMK by logging into you online account and updating your settings. If you opt out of receiving promotional communications, we may still send you non-promotional emails, such as emails about your purchases, account, membership, or our ongoing business relations, including information about your rewards and our initiatives and activities. If you wish to unsubscribe to our services then please send and email to fbehrens@aroundonmykayak.com with your request. 

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Location Information. When you first launch any of our mobile apps that collect precise location information, you will be asked to consent to the app’s collection of this information. If you initially consent to our collection of such location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device.

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Mobile Push Notifications/Alerts. With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

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Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Services.

 

Are There Additional Disclosures for Individuals Located in California?

The California Consumer Privacy Act ("CCPA") requires us to explain some information using certain definitions and categories set out in the CCPA. If you reside in California, this section applies to you and describes our data practices today and in the preceding 12 months.

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California Categories of Personal Information. We collect the following: identifiers (such as your name, email address, or IP address), characteristics of protected classifications under California or U.S. law (such as your age and other demographic information), commercial information (such as records of products purchased), Internet or electronic network activity information (such as browsing history and information about your activities on our Services), geolocation data (such as city of residence), audio and visual information (such as phone recordings when you call customer service and photos and video recordings captured in our stores), professional and employment related information, education information, inferences drawn about your preferences, sensitive personal information, and other categories that relate to or are reasonably capable of being associated with you. For more details about the precise data points we collect and the sources of such collection, see the What Personal Information Does AMK Collect? section above.

Selling and Sharing. In order to advertise our products to you and better understand, improve, and personalize our interactions with you, we "share" and "sell" the following categories of personal information: