RIGHTS
privacy and data security
EFFECTIVE: November 23, 2020
This Privacy Policy applies to www.aroundthewaves.com.
The Services are owned and/or operated by Surf Nights (sometimes referred to in this Policy as “we” or “us”).
We hope that this Privacy Policy helps clarify how we collect and process your information.
This Privacy Policy describes:
The information we collect on or through the Services and how we collect it.
How we use and process the information we collect.
Please review this Privacy POLICY CAREFULLY BEFORE ACCESSING AND USING THE SERVICES.
When you submit information to or through the Services, you consent to the collection and processing of information as described in this Privacy Policy.
If you have not done so already, please also review our Terms and Conditions.
The Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action.
IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, THEN PLEASE DO NOT USE THE SERVICES.
1. Changes To This Privacy Policy
The Effective Date of this Privacy Policy is set forth at the top of this webpage.
As we add new features, we may need to modify this Privacy Policy.
Whenever possible, we will provide you with advance written notice of our changes.
Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Privacy Policy.
The amended Privacy Policy supersedes all previous versions.
We will not, however, make retroactive changes that reduce your privacy rights unless you affirmatively agree to those changes.
2. Information We Collect
“Personal Information” means information associated with or used to identify a specific person.
Your Personal Information includes: (1) contact data (such as your e-mail address, mailing address, telephone number, school name and school grade); and (2) Location Data (as defined below) and (3) certain Usage Data, such as the IP address from which you access the Services (as further discussed in Section 3b. below)
“Location Data” is a category of Personal Information collected about the location of a mobile device or computer, including: (1) the location of the mobile device of computer used to access the Services derived from GPS or WiFi use; (2) the IP address of the mobile device, computer, or internet service used to access the Services; or (3) other information made available by a user or others that indicate location, such as geotag information in photographs. Y
ou can change your preferences on your mobile device and/or browser to deny us access to your Location Data.
Please note that if you disable location tracking, certain features of the Services may not be available to you.
“General Information” is information about an individual’s online activity that, by itself, cannot be used to identify him or her, such as browser type, operating system and the dates/times of Services access.
Personal Information and General Information may be linked together.
Different types of General Information also may be linked together and, once linked, may identify an individual person.
3. How We Collect Information
We collect information that you provide to us and from your use of the Services.
The information that we collect and how we process it depends on how you use and access the Services.
Some information is collected through use of cookies and similar data collection tools (as further discussed in Section 5 below).
a. Information that You Provide to Surf Nights: You may provide us with your Personal Information when you contact us for help or information, create an account to use one of the Services; make a donation to one of our campaigns, post your biographical information on the Sites or otherwise voluntarily supply your Personal Information to us.
We may collect information, some of which may be Personal Information, as otherwise described to you at the point of collection or pursuant to your consent.
b. Information that We Collect When You Use the Services: When you use the Services, we may automatically collect Information about how you interact with the Services, such as (i) IP address; (ii) domain server; (iii) type of device(s) used to access the Services; (iv) web browser(s) used to access the Services; (v) statistics and information associated with the interaction between your browser or device and the Services; and (vi) referring webpage or other source through which you accessed the Services (collectively, “Usage Data”).
Depending on applicable law, some Usage Data is Personal Information and some is General Information.
c. Information Collected from Other Sources: Third parties that assist us with our business operations also collect information (including Personal Information and Usage Data) from you and share it with us. For example, we may purchase mailing lists and use email service providers that help us to more effectively administer our communications and programs.
4. How We Use, Share and Disclose Information
a. How We Use Information
We use the information that we collect or that you provide to us to operate, maintain and enhance the Services, including:
To present the Services to you and to customize, improve and develop content and functionality that helps us better serve your needs;
To troubleshoot problems with the Services;
To facilitate communication between Surf Nights and you;
To connect you to local events, chapters and volunteers in your area;
To prevent, detect and investigate prohibited or illegal activities, such as claims of copyright infringement and security breaches;
To send emails and other communications that display content that we think will interest you, such as news about our campaigns, programs, services, products and promotions;
To generate statistical information about how users interact with the Services and conduct analyses to support, improve and enhance the Services;
To carry out our obligations and protect our rights arising from any contracts entered into between you and us, including our Terms and Conditions;
To protect the safety, security and legal rights of other users of the Services;
To send you important administrative information regarding the Services, such as changes to this Privacy Policy or our other policies; and
To fulfill any other purpose for which you provide information to us or to which you consent.
We and our business partners also may combine different types of information collected from or about you through various sources, including Personal Information, and use the combined information for the purposes described in this Privacy Policy.
b. How We Share and Disclose Information
We may share and disclose information:
With third party service providers that we retain to perform functions on our behalf, such as web hosting, data analyses and promotion services providers, communication services providers, e-commerce vendors, and technology and data service providers, that have access to Personal Information needed to perform their functions;
With affiliated non-profit organizations and our business partners;
To enforce our agreements with other users or third parties, including in connection with claims of copyright infringement;
To protect the safety and security of users;
With companies with which we plan to merge or an acquirer of all or substantially all of Surf Nights assets (we will continue to process information consistent with this Privacy Policy and, when possible, will provide you with notice before Personal Information is transferred or becomes subject to a different privacy policy);
To comply with a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process; and
If we believe you have or are violating our Terms and Conditions or in order to protect or defend Surf Nights rights or property, even without a subpoena, warrant or other court order.
5. Online Advertising, Data Collection And “Do Not Track”
a. Cookies & Other Data Collection Tools. “Data Collection Tools” means technology that that collects information about your use of the Services and potentially about your activities when you leave the Services and visit other sites on the Internet, such as cookies and web beacons.
b. Online Advertising. The Services use Data Collection Tools to help manage our online advertising program. These Data Collection Technologies are provided by us as well as our ad management partners and other third parties.
In addition, we and our ad management partners may use these Data Collection Tools to track the actions of users of the Services, to measure statistics of our marketing efforts, to deliver advertisements on the Services that may be more relevant to you and that will improve your experience on the Services, and to deliver advertisements to you when you visit other third party sites.
c. How We Respond to Browser “Do Not Track” Signals: Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (DNT) or similar feature that signals to websites that a visitor does not want to have his/her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain Personal Information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, we and many website operators do not respond to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com.
6. Credit Card Information
Surf Nights does not process your credit card information.
Instead, Surf Nights has entered into an agreement with Paypal, a third party payment processing service, to collect, store, process and transmit your credit card data when you make a donation to us. Paypal, certifies as adhering to the Payment Card Industry Data Security Standards.
Surf Nights may transfer Personal Information to Paypal, for the purpose of facilitating the transaction.
7. Information Protection
Surf Nights has implemented policies, procedures, and safeguards, including secured online connections, designed to protect all information submitted through the Services.
We also strive to obligate our agents, contractors and business partners to protect the information that they use or access in connection with providing services to Surf Nights.
While we do work hard to protect your information, we cannot guarantee the privacy or security of information that you transmit over the Internet.
DISCLOSURE OF INFORMATION TO AROUND THE WAVES IS AT YOUR OWN RISK.
We urge you to take every precaution to protect your information when you use the Internet or store information on your computer, tablet, or mobile device.
All personally identifiable information (PII) is transmitted to Surf Nights via SSL-secured connections.
Insecure connections to systems that receive this information are not allowed.
All information is stored in an encrypted format by the vendors which provide Surf Nights with the services we use to process PII, and access to the information is restricted to those personnel and contractors with a business need for such access.
All vendors who handle PII on Surf Nights' behalf are certified as adhering to the current Payment Card Industry (PCI) Data Security Standard (DSS).
Additionally, Surf Nights' internal data handling policies and procedures are reviewed twice per year by Surf Nights Information Technology personnel to ensure compliance with the current PCI DSS.
8. Links To Other Services
This Privacy Policy applies solely to information collected by or through the Services.
As noted in the Terms, the Services may contain plug ins from and links to third-party websites and services, including our social media services such as Facebook and Twitter (collectively, “Linked Services”).
Linked Services are not under the control of Surf Nights and Surf Nights is not responsible for Linked Services.
The inclusion of a plug in or a link does not imply endorsement by Surf Nights of the Linked Services or any association with the operators of the Linked Services.
Surf Nights does not investigate, verify or monitor the Linked Services.
We provide links to Linked
Sites for your convenience only.
You access Linked Services at your own risk.
9. How To Contact Us
If you have questions about this Privacy Policy or to request corrections, amendments or deletions to any Personal Information that you have provided through the Services, please contact us at contact@aroundthewaves.com.
Surf Nights will use reasonable efforts to supply you with requested Personal Information and correct any factual inaccuracy or delete your Personal Information from our databases.
To honor your request, we will need the exact information you wish to correct, amend or delete.
Owner: Surf Nights, association loi 1901, N Siren 83011807100026, 4 allée des grives, 33270 Floirac, France
Webmaster : Adam Carton de Wiart
Director : Thomas Laprêle
Graphic design : Pauline Barbe
Photos Credits Main Page:
Focus: Carl Lindgren - News: Ryan Craig - Photos Report: Rémi Bédora - Friends: Ivan Mathie - Instagram: Nathan Oldfield - Shop: Ivan Mathie
terms and conditions
OVERVIEW
This website is operated by Surf Nights.
Throughout the site, the terms “we”, “us” and “our” refer to Surf Nights.
Surf Nights offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
It is your responsibility to check this page periodically for changes.
Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Paypal.
They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current.
The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
Any reliance on the material on this site is at your own risk.
This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your reference only.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store.
We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources).
Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Surf Nights, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Surf Nights and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the France.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contact@aroundthewaves.com.