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Privacy Policy

Executive Board Sports, LLC, a Hawaiian limited liability company (“EBS,” “we,” “us,” or “our” as the context dictates), owns and operates https://www.apealz.com (the "Sites") through which it offers various Products, as such terms are described in the Website Terms of Use found at https://www.apealz.com/contests/page/terms-conditions.  This Privacy Policy is incorporated into the Terms of Use and explains how we collect, use, maintain, share and protect information that we collect about you and other users of the Sites. We value your privacy and are committed to protecting your personal information through our compliance with this Privacy Policy.

This Privacy Policy applies to information we collect from:

  • your use of the Sites;
  • your interactions with us;
  • email, text, and other electronic communications between you and us or the Sites; and
  • through any other software application, including any mobile application, we may offer.

While you are visiting or using the Sites, you may be presented with an opportunity to purchase third-party products or services. These products and services are produced and supplied by independent companies. If you click on one of the presented offers, and if you are redirected to the site of the third-party, and any information you provide in response to the offer will be will be governed by the privacy and other policies of that third-party, and you agree and acknowledge that EBS shall bear no liability with respect to your interactions on any such third-party sites. 

This Privacy Policy does not apply to information about you collected by third-party websites that may post links or advertisements accessible on or from the Sites.  The information collected by such third-party websites is subject to their own privacy policies.

By accessing or using any part of the Sites, you agree to the terms and conditions of this Privacy Policy and to be bound thereby. Please read this Privacy Policy carefully to understand how we will use your information. If you do not agree with our policies and practices, your choice is to cease all use of the Sites. This Privacy Policy may change from time to time as more fully explained herein. Your continued use of the Sites after we make changes is deemed to be acceptance of those changes, so please check this policy periodically for updates. 

 

CHILDREN UNDER THE AGE OF 13

Our Sites are not intended for children under 13 years of age. No one under the age of 13 should provide any personal information to us or the Sites. We do not knowingly collect personal information from children under 13 years old.  If you are under 13 years of age, you should not provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name and you should not create an account, make any purchases, or use any of the interactive features of the Sites.. If we learn we have collected or received personal information from a child under 13 years old without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13 years of age, please contact us at:

Executive Board Sports, LLC / APEALZ

Legal Department – Brand Services

ATTN: Designated Agent

P.O. Box 1415

Koloa, HI 96756


 

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect a variety of information about you and other users of our Sites, including information by which you may be personally identified, such as your name, address, e-mail address, telephone number, birthdate, payment information, and other information defined as personal or personally identifiable information under applicable law (collectively, “personal information”).  

We also collect information about how you access our Sites, such as your IP address, your Internet connection, the type of operating system and web browser you use and related information, and your activities on the Sites, such as the pages you visit and other usage details.

We collect information:

  • directly from you when you provide it to us;
  • automatically as you navigate through the Sites, including information collected through cookies and other tracking technologies; and
  • from third-parties that we have relationships with, such as manufacturers or other parties that assist in the creation and delivery of Products.


Information You Provide to Us.  The information we collect on or through our Sites may include:

  • personal information that you provide to us by filling out a form, registering for an account, submitting any content, entering a contest or promotion sponsored by us, or contacting us or requesting information using forms on our Sites or other electronic communications; 
  • records and copies of your correspondence if you contact us;
  • if you choose to participate, your responses to sweepstakes, contests or surveys on our Sites, including surveys we might ask you to complete for marketing, research or other purposes;
  • if you place an order with us, we collect personal information that you provide to us such as your shipping, billing and payment information as well as other information respecting transactions you carry out through the Sites and of the fulfillment of your orders; 
  • if you design and personalize a Product, we collect the personal information you use to customize the product;
  • if you take the opportunity to review our Products or participate in any forums on our Sites, we will collect personal information from your reviews, posts or comments; and 
  • your search queries on the Site.


Information We Collect Through Automatic Data Collection Technologies.  As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to the Site, including traffic data, cross-traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The information we collect automatically is statistical data and may not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third-parties. 

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain content or features of our Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to any of our Sites. 
     
  • Flash Cookies. Certain features of our Sites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Sites. Flash cookies are not managed by the same browser settings as are used for browser cookies. 
     
  • Web Beacons. Pages of the Sites may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to count users who have visited those pages or and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

     

CREDIT AND PAYMENT CARD INFORMATION

We use third-party payment processors Braintree and PayPal to process payments made for Products purchased through the Sites. All online payments will be conducted in accordance with Payment Card Industry (PCI) data security standards and your billing information is encrypted before being communicated to them.  Subject to the below exceptions, your credit card details are communicated directly from your browser to these payment processors.  We do not store or maintain your payment information. Any issues that arise with your payment information should be taken to Braintree, PayPal, or the third-party payment processor that processes your online payment.
 

 

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information, for the following purposes:

  • to maintain and improve our Sites, including personalizing your online experience and ensuring content is presented in the most effective manner for you;
  • to administer our Sites and for internal operations, including troubleshooting, data analysis, research, testing, statistical, and survey purposes; 
  • to operate our business and provide you with information, services, and Products that you request from us;
  • to fulfill any other purpose for which you provide it;
  • to administer and provide you with notices about your account;
  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • to notify you about changes to our Sites, our Products, our Terms of Use, this Privacy Policy and any other applicable policy;
  • to inform you about Products and services that we offer and that are similar to those you have already purchased or inquired about; 
  • to provide you, or permit selected third-parties to provide you, with information about products and services we feel may interest you (where you have consented to receiving such communications); 
  • to allow you to participate in interactive features on our Sites;
  • in any other ways we may describe when you provide the information; and
  • for any other purpose in accordance with this Privacy Policy.

We may also use your information to contact you about goods and services that may be of interest to you. We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

We may combine the information you provide us with information we collect about you and/or receive from other sources and use this combined information for the purposes enumerated above. 
 

 

DISCLOSURE AND USE OF YOUR INFORMATION

We may disclose aggregated information about you and other users of our Sites, and information that does not identify any individual, without restriction. 

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

  • to our subsidiaries and affiliates, if any; 
  • to contractors, service providers, and other third-parties we use to support and carry out certain business functions, such as order fulfillment, manufacturing, shipping, payment processing, e-mail delivery, or marketing; 
  • to a buyer of our company or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding;
  • to third-parties to market their products or services to you if you have not opted out of these disclosures by notifying us; to fulfill the purpose for which you provide it;
  • for any other purpose disclosed by us when you provide the information; and
  • for any other purpose in accordance with this Privacy Policy.

We may also disclose your personal information:

  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • to cooperate with an investigation of activities claimed to be unlawful; 
  • to enforce or apply our Terms of Use and other agreements and policies, including for billing and collection purposes; and
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of EBS, our customers, or others. 

 

 

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: 

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

We do not control third-parties' collection or use of your information to serve interest-based advertising. However, these third-parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
 

 

ACCESSING AND CORRECTING YOUR INFORMATION

If you register an account at the Site, you can review and change your personal information by logging into your account and visiting your account profile page. 

You may also send us an email at customerservice@apealz.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions (as defined in the applicable Creator agreement) from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or may remain available on the Apealz products and image catalog, or might have been copied or stored by other users of our Sites.

 

 

THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES.

Some content or applications, including advertisements, on the Sites are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third-parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Sites. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. 

We do not control these third-parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. 

If you click on any advertisement you will leave our Sites and will be subject to the privacy policies of those advertisers.

 

SPECIAL NOTE FOR USERS FROM OUTSIDE THE UNITED STATES

The information that we collect from the Sites is transferred to and processed in the United States for the purposes described in this Privacy Policy.  We also may subcontract the processing of your data to, or otherwise share your data with, affiliates or third-parties in the United States or countries other than your country of residence.  The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence.  By using the Sites, you expressly consent to the transfer, processing and storage of your personal information in countries outside of your country of residence. 
 


YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section § 1798.83 permits users of our Sites that are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please contact us using the notice information on our Sites.
 

 

DATA SECURITY

We maintain physical, electronic, and procedural safeguards reasonably necessary to ensure the protection of your personal information against loss, misuse, disclosure and alteration. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites. 

 

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated found on this page: https://www.apealz.com/contests/page/privacy-policy. If we make material changes to how we treat our users' personal information, we will notify you by email to the primary email address specified in your account or through a notice on this page: https://www.apealz.com/contests/page/privacy-policy. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.


 

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at: 

Executive Board Sports, LLC / APEALZ

Legal Department – Brand Services

ATTN: Designated Agent

P.O. Box 1415

Koloa, HI 96756