This Data Privacy and Use Policy (the “Policy”) applies to the System and governs data collection and usage at, on, and through the System. Please read this Policy carefully. Each time you use, browse or otherwise access any part of the System, you signify your acceptance of the then-current Policy, including, without limitation, the then-current terms found elsewhere on the System. If you do not agree with this Policy, you are not authorized to access or otherwise use the website, mobile application, or any other part of the System.
- Data Collected
You acknowledge that any personal information provided or collected through the System is voluntarily provided to Triple Dare from you. As you navigate any part of the System, you will find that there are several online forms or other locations which you can use to request information regarding a specific product or service. In order for Triple Dare to effectively enable the System and allow access to certain content or otherwise facilitate Triple Dare’s business, Triple Dare does collect and use certain data. We collect two types of data: (a) Personally Identifiable Information (“Personal Information”); and (b) Non-Personally Identifiable aggregate or traffic data (“Device Data”) (together “Collected Data”).
We collect Personally Information about you when you visit the Site, communicate with us via the Site, subscribe to mailing lists to obtain more information about us and our products, or register on our Site to order our products. Personal Information is information that can be associated with a specific user and used to identify that person, such as first and last name, company name, e-mail address, mailing address, billing address, birth day and year, age, gender, telephone numbers, occupation, dietary restrictions, credit card information, bank account information, financial information, social security information, social media profile, product and/or service preferences, photographs, and comments that can be used to uniquely identify or contact a single person
We also collect Device Data which may include information about your web browser, Internet Protocol (“IP”) address, time zone, browser type, type of computer or device, domain server, internet service provider (“ISP”), which web pages or portions of the System you are visiting, the order in which the areas are visited, unique device identifier, which hyperlinks or functions are being “clicked”, date and time you visit the Site, how many users are visiting or accessing the System, search terms and referring websites, information about you interaction with the Site, and some of the cookies that are installed on your device. Device Data is automatically collected when you access the Site. Device Data is non-identifiable transactional data that is not associated with any users as individuals.
- Collection and Usage
Personal Information is gathered when users provide or authorize Personal Information to or through the System, for example, when requesting information, participating in an online survey, inputting content into the System, verifying user credentials, purchasing products or services, creating a profile, registering with the Site, allowing access to social media networks, or utilizing any other Triple Dare product or service through the System. Personal Information is also gathered about others when users share content with family, friends, or other contacts, without limitation, the name, email address, phone number, and mailing address. We may combine the Personal Information and other information that we obtain about individuals from more than one source. If you choose to submit Personal Information when you use this Site, for example, by purchasing a product from the Site or subscribing to receive marketing emails or text messages (message and data rates may apply), we will maintain your Personal Information consistent with this policy.
Device Data is tracked and gathered when you and other users visit or access the System. While gathering Device Data may not collect Personal Information, it may provide information on the geographical location from which users access the System. Device Data generally does not identify individual users. Instead, the Device Data identifies System users as a whole, including demographic information, preferences in content and advertising, quality of service, and web and application traffic patterns.
Triple Dare may, in its sole and absolute discretion, release and disclose the Collected Data to affiliated or contracted persons, associations, or other entities of whatsoever nature, including, without limitation, strategic alliances, and advertising affiliated persons and/or entities (the “Related Parties”) or to any law enforcement agency, court, or other governmental authority to (a) help Triple Dare respond to your requests for information, goods or services and/or otherwise fulfill a user’s lawful request; (b) respond or otherwise comply with subpoenas, court orders, or other edicts of the law or legal process; (c) protect and defend Triple Dare’s rights and property; or (d) to protect the personal safety of Triple Dare’s users, Triple Dare’s employees, or the public.
For instance, Triple Dare may use your Personal Information to (1) send you information about Triple Dare and its products, updates, services, important notices, special offers, and/or upcoming promotions; (2) send you information about the Related Party’s products and services; (3) conduct surveys about your opinion of Triple Dare, its staff, performance, products, and services or the System; (4) verify your qualifications for certain promotions, special offers, products, and services; (5) bill you for any products and services purchased through the System via a credit card, electronic, or other payment; and (6) customize, improve, and/or tailor your experience on the System by displaying content that Triple Dare thinks you might be interested in according to your preferences.
Triple Dare may, in its sole and absolute discretion, release and disclose the Collected Data to any persons, associations, or other entities of whatsoever nature not affiliated with Triple Dare (the “Non-Affiliates”) for the purpose of facilitating your instructions, requests, and/or registrations for products or services provided by Triple Dare or the Non-Affiliates (including, without limitation, customer support, information technology support, credit card or other electronic payment processing and personal profile services) when the transfer of such Collected Data is necessary to provide you with such products or services. By selecting, instructing, requesting, reserving, and/or registering for such products or services from Triple Dare or the Non-Affiliates on or through the System, you consent to the release of your Collected Data to the Non-Affiliates. Triple Dare shall use reasonable efforts to provide the Non-Affiliates access only to the Personal Information necessary to assist in responding to your instructions, requests, and/or registrations for such products or services and cause such Non-Affiliates to use your Personal Information for these limited purposes.
Triple Dare may also disclose, release, transfer, sell, or otherwise convey any Collected Data to prospective or actual buyers, sellers or persons and/or entities related to such actions by Triple Dare, including, without limitation, Triple Dare may transfer information about you if we are acquired by or merge with, or otherwise sell any portion of our assets or equity to any other company.
You consent to any and all such conveyances of the Collected Data regardless of your location and your consent includes any and all such conveyances outside of your location, including, without limitation, in the United States and in other countries and territories.
- Use and Sharing of Information Collected
We use the information we collect to measure the number of visitors to the different areas of our Site, to market our products more effectively, and to help us make our site more useful to visitors. If you consent to share any PII with us, such as your email address, mailing address, mobile phone number, or social media profile, we may use that information to contact you about a comment or request you have made, to provide you with updates about our company, or to provide offers we think you may like. If you subscribe to receive text or email offers from us, either on the Site or through a third-party platform, or if you purchase a product from us on our Site, or otherwise authorize us to send you offers, we will send you marketing emails or text messages (message and data rates may apply). We do not give, sell, or transfer any PII to any third party unless you have consented for us to do so (such as through an entry to a contest, sweepstakes, or promotion), or as required by law or for law enforcement or safety purposes.
Web surfing data and similar information may be aggregated for administrative purposes. We may, for example, use this aggregated information in the administration of the Site to improve its usability and to evaluate the success of particular marketing and advertising campaigns, search engine optimization strategies, fraud prevention, and other marketing activities. We may also use it to help optimize the Site based on the needs of our users.
- Cookies and Related Files
Triple Dare, through the System, may collect Device Data using the following technologies:
“Cookies” are small data files that are placed on your electronic device or computer, as well as related files, and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
“Web beacons”, “pixel tags” and other similar means are electronic files used to record information about how you browse the Site.
Triple Dare may use such Device Data for a number of reasons, such as record-keeping purposes when you visit visits, identifying you as a unique user, simplifying the process of recording personal information (such as enabling users to not have to enter names, addresses or passwords repetitively), allowing Triple Dare to better understand how users use the System and help Triple Dare tailor the System or marketing message to better match needs and interests.
You may be able to program your browser not to accept cookies or other files, but if you do, you may be unable to access some parts of the System or some parts of the System may not work properly.
While on the System, you may receive cookies from third party advertisers or promotional entities. These cookies are outside the control of Triple Dare, are not subject to the Policy, and Triple Dare is not responsible for such third-party cookies.
- Links to Third-Party Websites
- Your Rights
Under certain circumstances, you have the rights under data protection laws in relation to your Personal Data. These include the right to:
Request access to your Personal Data.
Request correction of your Personal Data.
Request erasure of your Personal Data.
Object to processing of your Personal Data.
Request restriction of processing your Personal Data.
Request transfer of your Personal Data.
Right to withdraw consent.
If you wish to exercise any of the rights set out above, you can email these requests to us at [email protected].
From time to time, you may receive periodic mailings, telephone calls or e-mails from Triple Dare with news or other information about its products or services. If at any time you wish to stop receiving emails or mailings from Triple Dare please send us an email to [email protected] with the phrase “Privacy Opt-out: Triple Dare Mailings” in the subject line, or write to us at Triple Dare Running Company, LLC, 35 E. Horizon Ridge Pkwy #110-134 Henderson, NV 89002 and we will remove you from Triple Dare’s mailing list. Alternatively, for e-mail communications, you may opt-out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most e-mail messages.
In the event that Triple Dare wishes to transfer or release your Personal Information to a third person in a manner not set forth in this Policy, Triple Dare shall inform you prior to such transfer or release and provide you with the ability to opt-out of such transfer or release of Personal Information. Please contact Triple Dare at [email protected] if you have any questions as to how to opt-out of any specific disclosures, or any marketing or other programs.
- California Privacy Rights
If you are a California resident, you may have certain rights. California law may permit you to request that we:
Provide you the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we shared personal information
Provide access to and/or a copy of certain information we hold about you.
Delete certain information we have about you.
You may have the right to receive information about the financial incentives that we offer to you (if any). You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you and for compliance with applicable law. If you ask us to delete certain information, you may no longer be able to access or use the Services.
If you would like to exercise any of these rights, please contact us at [email protected]. You will be required to verify your identity before we fulfill your request. We may ask you for additional information to verify your identity for security purposes. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.
California Civil Code Section §1798.83 permits users of our Site 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 send an email to [email protected].
- Measures to Safeguard Children
Our Site is not intended for access or use by children under 13 years of age. You must be at least 18 years old to have our permission to use this Site. Triple Dare encourages parents and guardians to spend time with their children online and to be fully familiar with the websites and other software visited by their children. Triple Dare does not knowingly collect, use, or disclose personally identifiable information from children under 13. If Triple Dare learns that personal information of a child under 13 has been collected, Triple Dare will take steps to delete the information as soon as possible. If you believe that we have collected, used, or disclosed personally identifiable information of a child under the age of 13, please contact us at the contact information provided below so that we can take appropriate action.
Except where required in accordance with the law, law enforcement agency, court, or other governmental authority, Triple Dare does not intentionally solicit Personal Information from individuals under 18 years of age. If you are under 18 years of age or the proper legal age, you are not allowed to use or access the System at any time or in any manner and any such use is unauthorized. A parent or guardian whose child provided Personal Information to us without the parent’s or guardian’s consent should immediately notify us of such disclosure in writing to the contact information provided below. Triple Dare, upon receipt of such written notice, shall take reasonable measures to remove such disclosed information from its database and/or notify the appropriate authority.
Triple Dare has implemented security measures to help protect the Personal Information. For example: (a) Triple Dare stores Personal Information on servers that are in one or more physical locations that are monitored and accessible by a limited authorized set of individuals and (b) certain Collected Data is obtained through a web form and transmitted using secure socket layer (SSL) or other secure technology as may be determined by Triple Dare from time to time. Although we have implemented such security measures to help protect the Personal Information, such information may still be accessed, altered, disclosed, and/or otherwise used in an unauthorized manner and as such, Triple Dare cannot guarantee the security of your Personal Information from unauthorized access, alteration, disclosure and/or other impermissible uses and is not responsible for such unauthorized access or other impermissible uses.
- Governing Law/Claims
This Policy, the System, and any claim associated with, related to, or arising from the Policy and/or System are governed by the law of the State of Nevada within the United States. Any claim associated with, relating to, or arising from this Policy or the System shall be brought in a federal or state court in the County of Clark, the State of Nevada within one year after the claim arises. You hereby affirm your consent to the sole and exclusive jurisdiction of the courts located in the County of Clark, the State of Nevada as the most convenient and appropriate forum for the resolution of disputes concerning this Policy or System. The System is controlled, operated, and administered entirely within the United States. Use of the System from locations outside the United States where these practices are illegal or violate any law is prohibited.
- SYSTEM PROVIDED “AS IS” AND OTHER DISCLAIMERS
YOU AGREE THAT THE SYSTEM AND ALL Triple Dare PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED AND DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, WHETHER OR NOT IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE OUR SERVICES, PRODUCTS, SYSTEM, OR ANY OF THE TRANSACTIONS REASONABLY CONTEMPLATED BY THE PARTIES PURSUANT TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT Triple Dare KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE, IN FACT, AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOMER USAGE IN THE TRADE OR BY COURSE OF DEALING.
Triple Dare AND ITS REPRESENTATIVES SHALL NOT BE LIABLE TO YOU (OR TO ANY PERSON CLAIMING ANY RIGHT, TITLE OR INTEREST DERIVED FROM OR AS SUCCESSOR TO YOUR RIGHT, TITLE, AND INTEREST) WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHER LEGAL THEORY FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS, LOSS OR CORRUPTION OF CONTENT, INTERRUPTION OR COMPUTER FAILURE ARISING OUT OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
- Contact Information
Questions about this Policy should be directed to [email protected] or by writing to us at Triple Dare Running Company, LLC, 35 E. Horizon Ridge Pkwy #110-134 Henderson, NV 89002.
Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence to Triple Dare.