Information We Collect

We collect information about you so we can continue to provide and improve our Services to you and other users of the Site. The information collected through the Site or use of our Services may include items such as your or your customer’s name, e-mail address, mailing address, phone number, facsimile number, social security number, credit card information, financial institution and bank account information, business size, industry type, as well as other information that may or may not specifically identify you or your customer. The information collected on the Site may be stored at servers, computers, or other media located in or outside the United States.

Automatically Collected Information; Interest-Based Advertising

When you interact with the Sites, advertisements or other content provided by Offdays or third parties, on behalf of Offdays, or are receiving our Services through your computer, phone, or mobile device (Devices), we, and third parties, automatically collect certain information (“Automatically-Collected Data”) about or from your Device, such as, without limitation, your browser information on our server logs including your IP address, browser type, browser versions, browser language, browser plug-in type and version, country and time zone, URLs that refer visitors to our Sites, dates and times of visits to our Sites, page views and site navigation, geographic location, cookie information (see below), web beacons, pixel tags, device fingerprinting or other means, the page you requested, duration of activity on our Sites, searches, shopping behavior and preferences, hardware model, operating system version, unique device identifiers, mobile network information, and purchases.

Third-Party Sources

We may obtain personal and non-personal information about you from third-party sources. This information may be utilized, analyzed, and/or compared with information that we have collected from you or that you have submitted to the Site or in the use of the Service. Such third parties may include but are not limited to Google, Hubspot, Twilio, Mail Gun, Mailchimp, Stripe, etc. If Offdays obtains information from third-party sources, Offdays takes commercially reasonable measures to ensure the third parties lawfully obtained and provided the information to us. If the third parties unlawfully obtained and/or provided the information to us despite our reasonable measures to ensure the third parties complied with all legal requirements in obtaining and providing the information to us, you understand, agree, and acknowledge that your sole legal remedy is against the third party that engaged in the unlawful activity and that you will not assert any cause of action, claim or demand against us.

Information Collection Technology (Web Beacons and Cookies)

We may use various technologies to collect information from your electronic device about your activities on the Site or the your use of the Service. We may collect and store non-personally identifying information through cookies, log files, clear gifs (commonly known as “web beacons”), and third parties to profile user activity and preferences. Technical and specification information about your browser and computer is automatically collected when you use or visit the Site or use the Service. This information may include but not be limited to your Internet Protocol (“IP”) address, your browser type, operating system, geographic location, access time(s), the content of previously accepted “cookies” from us, and the website address that referred you to the Site.

A cookie is data stored on your computer that tracks non-personal information about you. When you use the Site, we may assign your computer one or more cookies that enable us to improve the quality of the Services and to personalize your experience. Cookies allow us to automatically collect information about your activity on the Site, such as the content you access while on the Site, the links you click, and other activity you conduct while using the Site. You may choose to modify your web browser’s setting to disable cookies or limit their use. If you choose to disable or limit cookies, you are still able to access the Site, but you may be unable to use all of the features on the Site. Additional information about cookies may be found at:

https://support.microsoft.com/en-us/help/260971/description-of-cookies.

The Site may contain web beacons (also known as “clear gifs”) or similar technologies that gather non-personally identifiable information about your use of the Site. Such technology may also be contained in e-mail messages or newsletters from us that allow us to determine whether messages have been accessed. The purpose of our use of this technology is so that we may analyze the effectiveness of our marketing efforts, the quality of the Site, and the Services we provide.

Personal Information About Users Under 18 Years of Age

The Site is meant for adults and those who have reached the age of majority as defined by the laws of their domicile. The Site is not meant for individuals under the age of eighteen (18) or those defined by the laws of their domicile as minors. Nonetheless, this Privacy Policy is still designed to comply with the Children’s Online Privacy Protection Act (“COPPA”) to the extent COPPA and/or the California Consumer Privacy Act (“CCPA”) apply.

If parents or guardians wish to create an account for, and provide information related to, their child who is under the age of eighteen (18), the parent or guardian may do so, but assumes full responsibility for ensuring that the information is kept secure and that the information submitted is accurate. In creating such an account, the parent or guardian accepts that this Privacy Policy will apply to the minor child’s information.

Offdays is concerned about the safety and privacy of children online. We take reasonable efforts to comply with COPPA as well as state-specific laws that provide privacy protections for individuals under the age of sixteen (16).

The Site is not intended to solicit information of any kind from children under the age of sixteen (16), and we do not and will not knowingly contact or collect personally identifable information from children under sixteen (16). The only personal information we receive about children under the age of sixteen (16) is information provided by the parent or legal guardian or information provided by the child as part of that child’s participation in a course or courses. By enrolling a child in such course or courses, a parent is consenting to the collection of that information.

It is possible that by fraud or deception by others Offdays may receive information pertaining to children under the age of sixteen (16). If we are notified of the receipt of information under such circumstances, once verified, we will promptly obtain parental or guardian consent, and in the absence of such consent, will delete the information. If you want to notify us that we have inadvertently received information for a child under the age of sixteen (16), please do so by emailing us at Privacy@offdayskids.com.

You can request to review, edit, or prohibit personally identifable information of a child under the age of sixteen (16) from being used by Offdays, it's affiliates, and vendors acting on behalf of Offdays by making a request in writing to Privacy@offdayskids.com. Please note that if you make a request to prohibit personally identifiable information from being used by Offdays, its affiliates, and vendors acting on behalf of Offdays, it will not be possible for your child to participate in an Offdays program.

Information Others May Collect

To enhance security and promote operational efficiency, the Site utilizes the resources of reputable hosting facilities that are controlled by third parties. Offdays is unable to provide any guarantees or warranties about these third parties' retention or usage of your information.

Information Use and Sharing

We may use and share your information for any legally permissible purpose. We may match, use, and share any of the information we collect from you to any personally identifiable information we obtain through third parties. Examples of some ways we may use or share information that we collect about you include:

present the Site and its contents to you;

improve your user experience with Offdays and expedite access to your account;

notify you of any Offdays promotions, deals and other information that may be of use to you or any deals or promotions from our partners;

create or administer your account and communicate with you about account creation, activity or modification, placed orders and shipping updates;

notify you about any changes to this Privacy Policy or the TOS;

respond to your requests and questions;

fulfill any other purpose for which you provide it or in any other way we describe when you provide it;

fulfill any purpose with your consent;

operate, assess, analyze, enhance, and improve our businesses, research, data, marketing and advertising strategies, and our product offerings;

enforce our rights and carry out our obligations which includes performing accounting, auditing, and billing activities;

protect against fraud;

comply with applicable laws, regulations and industry standards and enforce our rights and our TOS and other policies.

providing you with products or services;

providing you with customized content and services;

providing customer support;

communicating with you by e-mail, United States mail, telephone, text message, and/or mobile devices about products or services that may be of interest to you either from us, or from any of our affiliates, sponsors or other third parties;

working with our advertising partners; and

performing functions as otherwise described to you at the time of payment collection.

In order to perform certain services on your behalf, we may publish certain information that you provide. You agree that any testimonial feedback or other comments provided by you to Offdays becomes the sole and exclusive property of Offdays and that such information may be used by Offdays for any legally permissible purpose, including but not limited to marketing and advertising its services and products.

We may also aggregate and anonymize this information with similar information from our other customers in order to understand how our customers use our Sites or our Services, and/or third- party service providers may collect non-personally identifiable information from our Sites.

You acknowledge and agree that Offdays may use and disclose your personal and non- personal information to public or private third parties: (i) to comply with requests for inspection by law enforcement officials (including potential criminal activity); (ii) to respond to cease and desist letters, arbitration proceedings, legal actions and suits, criminal and civil subpoenas, or any court orders; (iii) to enforce or apply the terms of this Privacy Policy or any other agreement between us, including, the TOS; and (iv) to protect our rights, property, or safety, as well as the rights, property, or safety of our users, or others, whether during or after the term of your use of the Site or any Services.

Information Sharing and Sales

Unless you opt out of certain communication features, we may use your information to communicate with you, such as through e-mail, newsletters, and telephone. You may opt out and/or unsubscribe to communications from Offdays at any time. See the Opt-Out Provisions and Updating Your Information [HYPERLINK] section below for applicable contact information and directions.

Communications from Us

From time to time, Offdays may be required to respond to a subpoena, a court order or similar investigative demand from law enforcement, a government agency, or a private litigant. Offdays reserves all rights to defend, within its sole discretion, against such legal requests, demands, and claims. For instance, Offdays may raise or waive legal objections or rights. Offdays also reserves the right to disclose your information, as allowed by applicable law, when we believe it is reasonably appropriate based on the situation. Such disclosure may occur, but is not limited to, disclosing your information in connection with efforts to: (i) investigate, prevent, or commence other actions regarding suspected illegal activity or other wrongdoing; (ii) protect or defend the rights, property or safety of our company, our users, our employees, or others; (iii) comply with applicable law or cooperate with law enforcement; or (iv) enforce the TOS or other agreements or policies between you and us related to the Site or the Services.

Notice about Social Security Numbers

We do not collect social security numbers of customers or other users, and you should not provide such information to Offdays. Nonetheless, if Offdays comes into possession of users’ social security numbers or collects such information in the future, the information will be treated confidentially and not shared with third parties unless allowed by law. Additionally, Offdays will take reasonable steps to limit the access to such social security numbers and take legally required steps to secure the transmission of the data containing such social security numbers.

Third Party Privacy Policies May Be Applicable

This Privacy Policy does not cover any third party’s use or handling of your information once it is shared. Instead, the privacy policies of the third party(ies) will govern. We encourage you to visit the websites of those third parties and fully read and understand their privacy policies. Some of these entities or their servers may be located outside the United States. Third party policies that may apply include but are not limited to Hubspot, Twilio, Cloudflare, VPSDime, Mail Gun, Mailchimp, Stripe, Google, etc.

Links

The Site may contain links to other websites. Offdays disclaims any responsibility for the privacy practices of third parties that may have links to or from our website, or any framed content on our website. We encourage you to review the privacy policies/statements of every website that you visit that collects personally identifiable information.

DO NOT TRACK REQUESTS

In some states, users may be entitled to know how we respond to “Do Not Track” browser settings. There is little consensus in the industry about what “Do Not Track” means; however, at this time we recognize “Do Not Track” signals as an opt-out for the sharing of your data with third parties. You may still need to contact any third-party companies (including those who may have cookies or beacons on the Site) to direct them to not share your data with third parties as well. To learn more or opt-out from data collection by third-party companies you can visit: http://www.networkadvertising.org/choices or www.aboutads.info/choices/

Opt-Out Provisions and Updating Your Information

We value our users’ privacy and provide them with the option to “opt-out” of having their information used for purposes not directly related to the Site or the Services. If you wish to opt- out, you can opt-out by any of the following means:

(1) Send a written request to: Offdays, LLC, PO Box 860007, Shawnee, KS 66286- 0007; or

(2) E-mail Privacy@offdayskids.com

Your request will generally be responded to within three (3) business days if your request is via e-mail, or thirty (30) days if your request is via United States mail.

Please note that changing your opt-out preference will only affect future activities or communications from us. In other words, if we already provided your information to a third party before you changed your opt-out preferences, you will need to contact the third party directly. To opt-out of communications from our third-party business partners, if any, please contact them directly.

Information Retention and Security

We may store your information for more than one (1) year from the time of initial submission, as well as automated personal information we collect about you. However, if we obtain or collect your social security number, credit card number, or information about your children, that information will only be stored for a limited time pursuant to your authorization unless the law requires otherwise. Our third party payment processor, Stripe, may obtain this personal information about you. Please review their privacy policy and terms of service to review their information retention and security policies.

We take reasonable security measures to protect users’ information against unauthorized access, loss, alteration, or destruction. These measures include encryption and physical security measures to guard against unauthorized access to systems where we store personal information, and the usage of reputable third-party vendors. Despite these reasonable measures, we cannot guarantee our security measures are impenetrable. Therefore, although we take reasonable steps to secure your information, we cannot and do not promise or warrant that your information will always remain secure.

Visitors Outside the United States

This Privacy Policy is intended to cover collection of information on the Site and users of the Service from residents of the United States. The laws in other countries may or may not be as comprehensive as those in the United States. If you are a resident of another country and/or are visiting the Site or using the Service from outside the United States, you acknowledge and agree that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. You also acknowledge that your use of the Site or the Services shall be governed exclusively by the laws of Kansas and as if all transactions with us or otherwise through the Site or use of the Services take place within Kansas. By using the Site and/or the Services, you acknowledge and agree that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy. If you are unwilling to accept these terms, then you agree that you will not use or access the Site or our Services.

Privacy Policy Updates and Revisions

This Privacy Policy may be updated from time to time. We reserve the right to modify this Privacy Policy at any time without notice, so please review this Privacy Policy frequently. When changes are made to this Privacy Policy, we will revise the “last updated” date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, and/or share your personal information, we will also post notice of the changes on the Site and/or may notify you by sending an e-mail to the e-mail address you most recently provided us under your account. Your continued use of the Site or any Services after we have posted any Privacy Policy changes indicates your agreement to such changes unless you notify us otherwise.

If you wish to retain a copy of this Privacy Policy, you should print a copy for your records.

Terms of Privacy Policy Survive

If any terms of this Privacy Policy are held invalid and/or unenforceable by a court of law or a competent jurisdiction, the remaining provisions of this Privacy Policy shall remain in full force and effect.

Privacy Policy Supplement for California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, Virginia Residents Only

The disclosures in this section (and linked Supplemental Privacy Policy) apply only to individual residents of the States of Privacy Policy Supplement for California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, Virginia as applicable. The Supplemental Policy provides additional information about how we collect, use, disclose, and otherwise process personal information within the scope of the California Consumer Privacy Act of 2018 , as amended (“CCPA”) Colorado Privacy Act (“CPA”), Connecticut Data Privacy Act (“CTDPA”), Delaware Personal Data Privacy Act (“DPDPA”), Indiana Consumer Data Protection Act (“INCDPA”), Iowa Consumer Data Protection Act (“ICDPA”), Kentucky Consumer Data Protection Act (“KCDPA”), Maryland Online Data Privacy Act (“MODPA”), Minnesota Consumer Data Privacy Act (“MCDPA”), Montana Consumer Data Privacy Act (“MTCDPA”), Nebraska Data Privacy Act (“NDPA”), New Hampshire Privacy Act (“NHPA”), New Jersey Data Privacy Act (“NJDPA”), Oregon Consumer Data Privacy Act (“OCPA”), Rhode Island Data Transparency and Privacy Protection Act (“RIDTPPA”), Tennessee Information Protection Act (“TIPA”), Texas Data Privacy and Security Act (“TDPSA”), Utah Consumer Privacy Act (“UCPA”), and Virginia Consumer Data Protection Act (“VCDPA”). Residents of California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, Virginia can click here: [HYPERLINK] to review the Supplemental Privacy Policy.

POLICY APPLICABLE TO NEVADA RESIDENTS ONLY.

If you are a Nevada resident, you may opt-out of the sale of your personal information. To do so, please contact us at Privacy@offdayskids.com and title the subject of your email “Nevada Privacy Rights Opt-Out Request”. In response, we will request information from you to verify your identity. We will attempt to respond to your request, once verified, within sixty (60) calendar days.

Limitations

The adoption or publication of this Privacy Policy does not subject Offdays to any stricter duty in its collection, handling, storage and disclosure of nonpublic information than otherwise applies to Offdays under applicable law. No person or entity shall have any right or recourse against Offdays nor any of its affiliates, agents, sponsors, or other related parties based on any alleged violation of or noncompliance with this Privacy Policy. This Privacy Policy is subject to applicable law as well as any separate contract that may be signed between Offdays and you.

General Contact:

Offdays, LLC

PO Box 860007, Shawnee, KS 66286-0007

[PHONE]

Privacy@offdayskids.com