Welcome to www.beachcrasher.com (the “Site”), a website provided by Beach Crasher Inc. (“Beach Crasher”). Beach Crasher respects your privacy, and this policy covers Beach Crasher’s protection, transfer, use, and processing of certain information collected from you through the Site or other sources in the ordinary course of Beach Crasher’s business.
1. Acceptance
You should review this policy carefully, and be sure you understand it, prior to using the Site or otherwise providing any information to Beach Crasher. Your use of the Site, providing any information to Beach Crasher, or any other indication of your assent is deemed to be acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use of, the Site and not otherwise provide any information to Beach Crasher. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.
2. Information
In this policy:
(a) “Analytical Information” means all Non-Personal Information obtained through the use of cookies (or other tracking technologies) and server log files (including but not limited to,
(i) your search terms,
(ii) your computer’s access date and time, browser, connection speed, Internet service provider, language, location, manufacturer, visit details, and operating system, and
(iii) whether or not you opened email messages and other electronic communications from Beach Crasher, and if you did, the times they were opened);
(b) “Collected Information” means all
(i) Personal Information and
(ii) Non-Personal Information;
(c) “Non-Personal Information” means all information collected by Beach Crasher, whether electronically or manually, through
(i) the Site,
(ii) email messages and other electronic communications that you may send to Beach Crasher, and
(iii) other sources in the ordinary course of Beach Crasher’s business that is not Personal Information (including, but not limited to, any Analytical Information); and
(d) “Personal Information” means all information collected by Beach Crasher, whether electronically or manually, through
(i) the Site,
(ii) email messages and other electronic communications that you may send to Beach Crasher, and
(iii) other sources in the ordinary course of Beach Crasher’s business that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, email address, physical address, phone number and human resource data relating to employees of Beach Crasher, or any individuals applying for employment).
3. Collection
No Collected Information is obtained from you, unless it is voluntarily provided, except for any Collected Information obtained automatically through the Site as set forth in this policy. Regardless of the method used to obtain Collected Information, Beach Crasher will only collect and retain such Collected Information in its primary and backup files only to an extent that is consistent with the purposes for which it was provided and for Beach Crasher’s other legitimate business purposes (including, but not limited to, marketing). You are responsible for obtaining any approvals, authorizations, consents, permissions and permits that are required in connection with your providing Beach Crasher with any information (including, but not limited to, any information relating to a third party).
4. Choice
You may refuse to provide any information to Beach Crasher at any time by terminating your use of the Site, or in all other cases not involving use of the Site, by notifying Beach Crasher as set forth in Section 19. If you refuse to provide any information when requested to do so by Beach Crasher or the Site, you may not be able to access, or otherwise receive the benefits of, certain products and services from Beach Crasher or features of the Site.
5. Electronic Communications
You may from time-to-time send Beach Crasher an email message in connection with your use of the Site, or in the ordinary course of business. If you do, Collected Information may include, but not be limited to, your email address and the contents of your message. Your email address and the contents of your message will be used by Beach Crasher to respond to you, to send you follow-up messages, and for other legitimate business purposes (including, but not limited to, marketing). Whether or not you have previously sent Beach Crasher an email message, you consent to Beach Crasher sending you email messages and other electronic communications
(a) in connection with your use of the Site,
(b) in the ordinary course of business, or
(c) for any other legitimate business purpose (including, but not limited to, marketing).
Since Beach Crasher endeavors to send email messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such email messages or other electronic communications at any time by contacting Beach Crasher as set forth in Section 19 or by following the directions contained in such email messages or other electronic communications. Any request to unsubscribe to email or other electronic communications will be effective promptly after your request is received by Beach Crasher.
6. Analytical Information
When you access the Site, Beach Crasher will collect Analytical Information. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing cookies, you may not be able to receive the benefits of certain features of the Site. Analytical Information will only be used by Beach Crasher
(a) to record your use of the Site,
(b) to diagnose problems with the Site,
(c) to improve the Site and make the Site more useful to you and other users, and
(d) for other legitimate business purposes of Beach Crasher (including, but not limited to, marketing). Beach Crasher will collect Analytical Information either directly or through third parties acting on its behalf.
7. Security
Except as provided in the immediately following sentence, Beach Crasher will use commercially reasonable measures to protect Personal Information from loss and unauthorized access, alteration, destruction, disclosure, and use. Certain Personal Information posted by you on the Site may be accessible to the general public, and Beach Crasher is not responsible for protecting such Personal Information from loss or unauthorized access, alteration, destruction, disclosure, or use. For example, if you participate in any public forum on the Site, any information disclosed by you when doing so may be available to the general public. Also, since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost or accessed, altered, destroyed, disclosed, or used without authorization despite Beach Crasher’s commercially reasonable measures to protect such information. In providing information to Beach Crasher, you must assume the risk that Collected Information could be lost or accessed, altered, destroyed, disclosed, or used without authorization.
8. Use All Collected
Information may be used by Beach Crasher for any legitimate business purpose (including, but not limited to, marketing), unless expressly stated otherwise in this policy. If Beach Crasher expressly states in writing that any Collected Information will only be used for a specific purpose, Beach Crasher will only use it for such purpose, unless you subsequently consent to its being used for another purpose.
9. Transfer
Beach Crasher may at any time, in its sole discretion, transfer or disclose any Collected Information, whether or not you furnished such Collected Information for a specific purpose, to
(a) third parties retained by Beach Crasher (including, but not limited to, any affiliates, distributors, sub-contractors, or vendors of Beach Crasher) for any purpose for which Beach Crasher could use such Collected Information,
(b) comply with, or as permitted by, any applicable law or government request or subpoena,
(c) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights,
(d) protect the rights, property or legitimate business interests of Beach Crasher or a third party, or
(e) transfer such Collected Information to a third party acquiring all, or substantially all, of Beach Crasher’s assets. If Collected Information is so transferred, Beach Crashers will have no responsibility for any action of the third party to whom or which such Collected Information is transferred or disclosed.
10. Third-Party Sites
The Site may contain links to, or be accessible from, websites provided by third parties (individually a “Third-Party Site”). Your use of a Third-Party Site will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. This policy does not cover the privacy policies or practices of any Third-Party Site, and Beach Crasher is not responsible for any information you submit to, or otherwise collected by, any Third-Party Site. Beach Crasher is only responsible for Collected Information obtained by it
(a) through your authorized use of the Site or
(b) from other sources in the ordinary course of its business.
You should consult each Third-Party Site for its privacy policy or practice before submitting any information to, or otherwise using, such Third-Party Site.
11. Required Actions
Upon your request, Beach Crasher will grant you access to your Personal Information, and take other action, required by any applicable law. You must contact Beach Crasher in writing for this purpose as set forth in Section 19.
12. Children
The Site is not intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Information of such child has been submitted to Beach Crasher through the Site without the parent’s or guardian’s consent, Beach Crasher will use commercially reasonable efforts to remove such information from the Site and Beach Crasher servers at the parent’s or guardian’s request. To request the removal of Personal Information, the parent or guardian must contact Beach Crasher as set forth in Section 19, and provide all information requested by Beach Crasher to assist it in identifying the Personal Information to be removed.
13. Applicable Law
This policy is governed by, and construed in accordance with, the laws of the State of New York, without regard to its principles of conflict of laws.
14. Complaints
Any complaint by you regarding Collected Information, or otherwise relating to this policy, must first be submitted to Beach Crasher as set forth in Section 19, and Beach Crasher must be given a reasonable opportunity of not less than 45 days to investigate and respond to your complaint. Upon Beach Crasher’s completing such investigation and so responding, Beach Crasher and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 45 days you may commence litigation against Beach Crasher in connection with the unresolved portion of your complaint only in a court located in Erie or Monroe Counties, New York and having subject matter jurisdiction over your complaint. You consent to any such court’s being a proper venue for your complaint, and waive any objection thereto based on inconvenience.
15. Entire Agreement
Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and Beach Crasher, with respect to Collected Information. If you use the Site or otherwise have business dealings with Beach Crasher, such use or dealings will be subject to this policy, plus any other written agreement between the parties that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.
16. Severability
Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.
17. Revisions
Beach Crasher may revise any provision of this policy from time-to-time by posting the revised provision on the Site. Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by Beach Crasher after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy.
18. Expenses
Except as provided in this policy, or any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing your rights under this policy.
19. Contact Information
If you have any questions or complaints, desire additional information, or need to notify Beach Crasher of anything, regarding this policy, please promptly contact Beach Crasher using one of the methods set forth below:
Regular Mail to:
Beach Crasher Inc.
Attn: Robert Peter
2117 Buffalo Road #255
Rochester, NY 14624
Email to: info@beachcrasher.com
Effective Date: May 18, 2020