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Terms of Service

ADVENTURED.COM TERMS OF USE

As of January 1, 2020

 

PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A BINDING CONTRACT.


This Terms of Use (this ToU) sets forth the terms and conditions under which Adventured, LLC. (Adventured, we, or us) provides you access to, and governs your use of, the website located at Adventured.com (the Site), and the Adventured applications made available through the Site (the Software) and the information, content, features and services provided through the Site (together with the Software, collectively, the Service).

YOUR USE OF THE SITE AND/OR THE SERVICE, OR BY CLICKING “I ACCEPT” IF PRESENTED WITH THIS TOU IN A CLICK-THROUGH FORMAT, SIGNIFIES YOUR AGREEMENT TO THIS TOU AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOU, INCLUDING ANY MODIFICATIONS THAT ADVENTURED MAKES FROM TIME TO TIME. If you do not agree to this ToU, you may not use the Site or the Service.


You may not use the Service and you may not accept this ToU if you are not sixteen years of age or older. If you accept this ToU, you represent that you have the legal capacity to be bound by it. Adventured may amend this ToU at any time by posting the amended Terms of Use on the Site, and you agree that you will be bound by any changes to this ToU. The date of last revision of this ToU is included at the top of this page. Adventured may make changes to the Site and/or the Service at any time. You understand that Adventured may discontinue or restrict your use of the Site and/or the Service for any reason or no reason with or without notice.

 

Privacy Policy.

By clicking “I ACCEPT” or using the Site or the Service, you represent that you have read and consent to our Privacy Policy in addition to this ToU. Adventured may revise the Privacy Policy at any time, and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site and/or the Service.

 

The Services.

The Adventured Site provides certain promotions on the Site (Campaigns) for a chance to win unique, amazing, or once-in-a-lifetime experiences (Prizes) and receive rewards traditionally unavailable to the general public. Participants may enter Campaigns by creating an Account (defined below) and by either using Adventured’s Free Alternate Methods of Entry, by making a donation, or by using any other free to use mechanisms that we provide from time to time. No purchase, payment or other financial contribution is necessary to enter or win a Campaign and Adventured’s Free Alternate Methods of Entry is always available for all Campaigns.  Void where prohibited by law. In addition, if you are registering for or participating in a Campaign, participation is subject to our Official Sweepstakes Rules and Regulations and any other rules and regulations applicable to such Campaign (collectively, Rules). If this ToU conflicts with or is inconsistent with any Rules, such Rules will govern and be given precedence. Occasionally where law permits, we may offer different types of Campaign than sweepstakes, which will have their own rules and terms.


Adventured reserves the right to add, change, modify, suspend or discontinue any portion of the Service, in its sole discretion, at any time. Your use of the Site and/or the Service, including the availability of new services through the Site, shall be subject to this ToU. In addition, Adventured may impose limits on any portion of the Service or restrict your access to portions of or the entire Site in its sole discretion without notice or liability.


Donations.

All donations are used in funding medical fees, psychological courses, adaptive equipment, and life sustaining additions to injured action sports athletes who have been affected by injuries both physically and mentally.  The Adventured Foundation is a non-profit with Tax ID# 81-2149739.  At the time of this writing, The Adventured Foundation is awaiting non-profit 501c3 status from the IRS.  (Pay.gov)  The Adventured Foundations tracking ID for this matter is 26RA3120.


Anyone who donates through the Adventured platform is making a donation to The Adventured Foundation, and receives chances to win Prizes, however, no Donation is required to enter to win a Campaign, and a Donation does not increase your chances of winning a Campaign.  Because a Donation is not required to enter, and because The Adventured Foundation is a U.S. tax-exempt charity, all Donations made by U.S. donors through the Adventured platform are tax-deductible to the extent allowed by law.  If your Donation is accompanied by a Campaign perk, the amount of your Donation that is deductible for U.S. federal income tax purposes may be limited to the excess of the amount contributed over the value of goods or services provided.  If you have any questions regarding your tax obligations, you should consult with your own tax advisor.  In the event that you need a duplicate or replacement receipt for tax purposes, you can contact support@adventured.com.  Except in the event of fraud and a valid chargeback by a credit card issuer, all Donations are non-refundable.

 

    Refunds, returns, and exchanges

Your Donation through the Adventured platform supports an awesome cause and enters you to win an awesome prize(s). Donations are non-refundable once a Campaign has closed. If your Donation is accompanied by a Campaign perk, please note that delivery time varies based on the item; specifics about shipment will be listed in the product description. Due to the exclusive nature of all Campaign perks, we apologize for not being able to accommodate exchanges. We will only refund donations if we’re unable to deliver the perk you were promised.

 

    Internet Access.

You are responsible for any Internet connection and telecommunication fees and charges that you incur when accessing the Site and/or the Service.

 

    Accounts.

To use certain portions of the Site and Service, you will be directed to register on the Site and create a user profile or account (Account). Eligibility is limited to persons equal to or over the age of 13, or to persons who have reached the age of majority in their countries of residence. Void in countries on the United States list of embargoed countries. As part of the registration process, you may be asked to submit your name, address, email address, date of birth and/or similar information and to select a password. You agree that all information you provide to Adventured for purposes of creating an account (Registration Information) will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of this ToU and may result in the immediate termination of your Account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete; and (ii) maintain the confidentiality of your password.


In creating an Account, you shall not (a) select or use the email address or user name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or user name that is profane, offensive or otherwise inappropriate or (d) allow any other party to use your Account and/or password except as set forth herein.
You may not share or transfer any Account. You may not disclose your password to anyone. You agree to immediately notify Adventured by sending an email to support@adventured.com of any known or suspected unauthorized use(s) of your Account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any Account created for your use, even if such activities were not committed by you. Adventured is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.


Adventured employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as an Adventured, employee, director or manager may not win the offered Campaigns.

 

    Termination of Account.

You understand and agree that you have no ownership rights in your Account and Adventured may stop offering the Service at any time. Further, Adventured may cancel your Account, delete all of your Registration Information and any other information you have provided through the Site (collectively, User Content) associated with your Account at any time, without notice, for any reason or no reason including, without limitation, your violation of this ToU. Adventured will not be liable for any damages or loss resulting from the removal of any User Content from the Site and/or the Service. You may cancel your Account at any time and cancellation will take effect immediately. Adventured reserves the right to temporarily or permanently restrict or block access to the Site and/or the Service to any users who have had their Accounts cancelled.

 

    Limited License to Use Site and Service.

Subject to all of the terms and conditions of this ToU, Adventured hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to access and use the Site and Service. The Site and Service may only be used for personal and non-commercial purposes and must at all times be used in accordance with this ToU and rules, restrictions and/or documentation set forth by Adventured from time to time. All modifications and enhancements to the Site and Service remain the sole property of Adventured. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site. You understand that Adventured, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder and disable the Site, or any part thereof including any Service, without prior notice. Adventured reserves the right to add or remove features or functions to the Site or Service at any time in its sole discretion. Notwithstanding anything to the contrary herein, you may not: (i) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site or Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Site or Service, including, without limitation, through sublicense, to any other entity without the prior written consent of Adventured or (iv) make any false, misleading or deceptive statement or representation regarding Adventured and/or the Site or Service.

 

    Use of Site and Service.

You agree that you will not, in connection with your use of the Site, or Service, violate any applicable law or regulation. Without limiting the foregoing, you agree not to (i) make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity); (ii) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person’s use of the Site and/or the Service; or (iii) attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service. Furthermore, you may not use the Site to develop, generate, transmit or store information that: (a) is defamatory, harmful, abusive, obscene or hateful; (b) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or the Service, (c) performs any unsolicited commercial communication not permitted by applicable law; (d) constitutes harassment or a violation of privacy or threatens other people or groups of people; (e) is harmful to children in any manner; (f) violates any applicable law, regulation or ordinance; (g) makes any false, misleading or deceptive statement or representation regarding Adventured and/or the Site or Service or (h) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).


You agree that you will not (i) obtain or attempt to obtain any information from the Site including, without limitation, email information of other Account holders or other Software data; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Site or Software, whether through the use of a network analyzer, packet sniffer or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or Software; or (iv) or use any type of bot, software, or any other codes, instructions or third-party software that is designed enter you into a sweepstakes (or multiple sweepstakes) automatically or in any way that would provide you with an unfair advantage over individuals that enter manually.  


You understand that all data, information, text, software, graphics, video, messages, tags, or other materials (Content), whether publicly posted or privately transmitted, on the Site or through the use of the Site or the Service, are the sole responsibility of the person posting or transmitting such Content. Adventured does not control the Content posted on the Site or transmitted through the use of the Site or the Service and, as such, Adventured does not guarantee, and shall not be responsible for any deficiencies relating to, the accuracy, reliability or quality of such Content. Further, you acknowledge that Adventured may or may not pre-screen Content that is displayed on the Site or transmitted through the use of the Site or the Service. You understand that by visiting the Site or using the Service, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Adventured be liable in any way for any user-generated Content 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 any Content posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site or the Service.


The Site may provide forums and/or chat features enabling users to post user observations and comments. We cannot guarantee that other members or users will not use the ideas and/or information that you share. If you have ideas and/or information that you want to remain confidential and/or do not want others to use, do not post them via the Site. We shall have no responsibility to evaluate, use or compensate you for any ideas and/or information that you submit on the Site or through the use of the Site or Service.


All comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Site or Service, such as your suggestions regarding improvements that we make to the Site or Service (collectively, Comments) will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By posting Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any.


Your User Content, and the contents of all of your Comments and other online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where we believe that the Site or Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Adventured, including to enforce this ToU. By entering into this ToU, you hereby provide your irrevocable consent to such monitoring, access and disclosure.


When accessing the Site you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third party rights rests solely with you.


The Site and the Service are operated by Adventured in the United States. Those who choose to access the Site, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

 

    Third-Party Products.

Third party services, content, information and products may be made available by Adventured on or through the Site (Third Party Products). Third Party Products are provided solely for the convenience of Site users and Adventured makes no representations or warranties regarding any Third Party Products and takes no responsibility and assumes no liability for any Third Party Products. Third Party Products are subject to the applicable terms and policies of the third parties that offer them.

 

    Hyperlinks.

Links from the Site. The Site may contain links to websites operated by other parties. Adventured provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of Adventured, and Adventured is not responsible for the content available on the other sites. Such links do not imply Adventured’s endorsement of information or material on any other site and Adventured disclaims all liability with regard to your access to and use of such linked websites.


Links to the Site. You may not place a link to the Site on another website without our prior written consent and, without limiting the foregoing, you must adhere to Adventured linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Adventured and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Adventured, (iii) when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site, and (iv) Adventured reserves the right to revoke its consent to the link at any time and in its sole discretion.

 

    Adventured Intellectual Property and Intellectual Property Infringement.

The interfaces, content, arrangement and layout of the Site including, but not limited to, the Adventured trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (Adventured Intellectual Property) are the property of Adventured, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under U.S. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of Adventured. You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any Adventured Intellectual Property or third party content located on the Site in any manner not expressly permitted under this ToU.


We respect the copyrights of others and expect our users to do the same. We have a policy of terminating users who repeatedly infringe the copyrights of others. If you learn or believe that the Site or Service or any information on the Site, including any Content, infringes upon any copyright or other intellectual property that you own or control, you may file a notice under our Intellectual Property Policy. In the event of any third party claim that the Site or Service infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

    Disclaimer of Warranties.

THE SITE, SOFTWARE AND THE SERVICE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ADVENTURED MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE, THE SOFTWARE OR THE SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE IS AT YOUR SOLE RISK. ADVENTURED DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE, THE SOFTWARE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SITE, THE SOFTWARE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE, THE SOFTWARE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ADVENTURED PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT THE SITE, THE SOFTWARE OR THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.


Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

 

    Limitation of Liability; Sole and Exclusive Remedy.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ADVENTURED OR ANY OF ITS AFFILIATES, TOGETHER WITH ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS TOU, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OR DAMAGE TO ANY COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, THE SOFTWARE AND/OR THE SERVICE, EVEN IF ADVENTURED AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) THE USE OR THE INABILITY TO USE THE SITE, THE SOFTWARE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (V) ANY OTHER MATTER RELATING TO THE SITE, THE SOFTWARE OR THE SERVICE; OR (VI) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ADVENTURED’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE, THE SOFTWARE OR ANY PORTION OF THE SERVICE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE, THE SOFTWARE AND THE SERVICE.


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, the liability of Adventured and its affiliates shall be limited to the fullest extent permitted by law.

 

    Indemnification.

You agree to defend, indemnify and hold Adventured, and its successors and assigns, and their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorney’s fees and costs) arising out of or relating to (i) your use or misuse of the Site, the Software or the Service, (ii) your breach or alleged breach of this ToU, including, without limitation, a breach or alleged breach of any representation or warranty by you in this ToU; (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site, the Software or the Service, or (iv) infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Content or Comments that you post on the Site or transmit through the Service.

 

    Governing Law; Jurisdiction.

This ToU shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. All disputes arising out of or related to your use of the Site, the Software and/or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located within Los Angeles County, California and you agree to submit to the personal jurisdiction of such courts.

 

    General.

17.1. Amendments/Revisions. This ToU may only be amended and/or revised in writing by Adventured (including by publishing such revisions by Adventured on the Site.


17.2. Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Adventured as a result of this ToU or your use of the Site, the Software or the Service.


17.3. Assignment. Adventured may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this ToU without Adventured’s prior written consent, and any unauthorized assignment by you shall be null and void.


17.4. Severability. If any of the provisions of this ToU is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.


17.5. Attorneys' Fees. In the event any litigation is brought by either party in connection with this ToU, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.


17.6. No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.


17.7. Notices. All notices given by you or required under this ToU shall be in writing and addressed to: Adventured, LLC P.O. Box 1767 Mammoth Lakes, CA 93546.


17.8. Equitable Remedies. You hereby agree that Adventured would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.


17.9. Entire Agreement. This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site, the Software and the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or the Service.

 

    Prize wheel.

18.1 Wheel spins will be offered, subject to Adventured’s discretion, either (a) at no cost; and/or (b) as a thank you for donations made. Entry multipliers may not be applied towards wheel spins. VOID WHERE PROHIBITED.


18.2. Allow up to 8 weeks to receive certain rewards. Reward fulfillment may require additional information and processing. All information collected is subject to the privacy policy stated on Adventured.com.


All questions and concerns regarding this ToU should be directed to support@adventured.com


UPDATED: January 2020






Privacy Policy

This Adventured.com Privacy Policy (“Policy”) describes the privacy practices, policies and procedures of Adventured, Inc., (“Adventured” “we,” “us,” or “our”). We want you to know that protecting your personal information is very important to us, and we respect your privacy. This Policy applies to all users of www. Adventured.com (the “Website”) and explains what information we collect, how we collect it, how we protect it, and when we disclose it to third parties. Please note that this Policy applies only to our online information-gathering and dissemination practices, and does not apply to any of our practices conducted offline.

PLEASE READ THIS POLICY CAREFULLY. BY ENTERING ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE TO OUR PRIVACY PRACTICES, POLICIES AND PROCEDURES. IF YOU DO NOT AGREE TO THIS POLICY, DO NOT ACCESS OR USE THIS WEBSITE.  WE MAY UPDATE THIS POLICY FROM TIME TO TIME, SO PLEASE CHECK THIS POLICY PERIODICALLY FOR CHANGES.

(Please note, if you are registering for or participating in an Adventured sweepstakes contest, participation is subject to our Official Sweepstakes Rules and Regulations and any other rules and regulations applicable to such competition (collectively, the “Rules”). If this Policy conflicts with or is inconsistent with a statement in the Rules concerning your privacy, the terms of the Rules will take precedence.)

Summary

The notifications provided by this Policy include:

    What personally identifiable information we collect through the Website.
    How we use the information we collect.
    With whom the information may be shared.
    The kind of procedures we employ in an effort to hinder the unauthorized access, use or disclosure of information you provide to us.
    Information related to third-party websites.
    The laws that apply to those accessing the Website
    How you can learn about changes to the Privacy Policy
    How you can amend the information we collect on you
    Rights related to the European Union’s General Data Protection Regulation

 

What Information Do We Collect Through The Website?

Adventured collects both personally identifiable information and non-personally identifiable information via our Website. When we refer simply to the term information in this Policy we are referring to how Adventured collects, uses, or shares both the personally identifiable, and non-personally identifiable information.

Personally identifiable information refers to information that when used alone or with other relevant data, can identify an individual (the “PII”). Adventured does not collect any PII unless you provide it voluntarily. If you do not want us to collect PII, you can simply decide not to submit it to us. The PII we collect may include:

    name;
    date of birth;
    contact information, such as name, postal address, email address and telephone number;
    other personal information you provide to us on our website and other data collected automatically through the website, as applicable.

We also collect certain non-personal information (data in a form that does not support direct association with any specific person or individual) by automated means when you visit the Website (the “Non-PII”).

Collection of PII

The circumstances in which you might provide to us PII include, but are not limited to, the following:

Account creation information. You can create a personal shopping account with Adventured, and if you do so you will be required to provide us with certain PII. This account will allow you to shop faster and easier, and to check on order status and history. In creating this account, you authorize Adventured to store your name, birthday, email address, telephone number and shipping and billing addresses. You should keep your account information current and complete. Please see our Terms & Conditions regarding how you can update or correct the information associated with your account. Your account will have a password that you will create; you are responsible for maintaining the confidentiality of your user name and password. You may not use another person's account or password without their permission and you should protect the confidentiality of your account and password information by logging out of your account at the end of each shopping session.

Sweepstakes, contests and promotion information. You can participate in Adventured sweepstakes, contests, and promotions as long as you meet eligibility requirements and comply with all applicable rules. As part of your participation, you will be required to provide us with PII, including your name, mailing address, e-mail address and other information in order to administer the promotion, notify winners, etc.

Mailing list information. You can opt to be added to the Adventured mailing list. If you do so, you will be asked to provide us with your email address. Subscriptions to the mailing list can be cancelled at any time.

Submitting a request. When you submit a request or comment to our customer service department you will be asked to provide your email address, and depending upon the nature of your inquiry you may provide us with your PII.

Survey information. When you complete a survey on-line, we may ask for certain information from you (some of which may be PII), including your age, zip code, shopping habits, e-mail and/or mailing address.

Collection of Non-Personally Identifiable Information

We also collect certain Non-PII when you visit the Website.  Much of this Non-PII is collected through the use of third-party tracking services, which includes Google Analytics, and other means, as further described below.

Google Analytics

 

Our Website use Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Google, Inc. ("Google"), to better assist us in understanding how the Website is used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Website, including your computer's IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of the Website, compiling reports on Website activity for our use, and providing other services relating to Website activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Website. The use of cookies by Google Analytics is covered by Google's privacy policy. From time to time, we may enter into agreements with other third party providers for web analytic and other similar services. If we enter into such an agreement, we may share your information, including personal information, with the provider or such provider may have access to and collect your information on our behalf. Your information, including personal information, may be stored with the provider.

 

You can find out more information about Google Analytics cookies here: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage. To opt-out of Google Analytics relating to your use of our Sites, you can download and install the Browser Plugin available via this link: https://tools.google.com/dlpage/gaoptout?hl=en.

Cookies

Cookies are bits of electronic information that a website can transfer to a visitor’s hard drive to help tailor and keep records of his or her visit. Cookies allow website operators to better customize visits to the site to the visitor’s individual preferences. Many commercial websites use cookies. We may use cookies on our Website to allow us to, among other things, measure activity, to personalize your experience, and to track your status or progress when requesting information. If you choose, you can set your browser to reject cookies or you can manually delete individual or all of the cookies on your computer by following your browser’s help file directions. However, if your browser is set to reject cookies or you manually delete cookies, you may have some trouble accessing and using some of the pages and features that are currently on our Website, or that we may put on our Website in the future.

Web Beacons

Certain pages on the Website contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. Web beacons also may be used to track whether you have opened an HTML email. When the email is opened, a part of the code that makes up the HTML page calls a web server to load the web beacon that then generates a record showing that the email has been viewed. Web beacons may also recognize when the email was opened, how many times it was forwarded and which URLs (links within the email) were clicked.

IP Addresses

When you visit and interact with the Website, Adventured and third parties with whom we have contracted to provide services for us may collect Internet Protocol addresses (each an “IP Address”), as well as browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and page navigation. An IP Address is a unique identifier number that certain electronic devices used to identify and to communicate with each other on the Internet; your Internet Service Provider automatically assigns an IP Address to the computer that you are using. We gather this information to track web site visitor movement in the aggregate, and to gather broad demographic information for aggregate use. Our goal in gathering this information is to learn how our customers and the public are using our service. We may use this information to enhance our Website or for other lawful purposes.

Do Not Track Notice

Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking. To the extent you employ such browser do-not-track signals or other similar mechanisms, we will use commercially reasonable efforts to honor such requests received by us to the extent we have the capacity and resources to identify and process your request. Due to the potential for rapid and diverse developments of technology in this area, we cannot guarantee that we can process every type of request that exists or may be developed in the future. As noted above, third parties, such as our advertising partners, may collect data that relates to you. We cannot control third parties' responses to do-not-track signals or other such mechanisms. Third parties' use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.

 

How We May Use This Information?

Our primary purpose in collecting information about you is to provide you with services or information that you request or to process your payments. In addition, we may aggregate the PII that you provide with the PII that other users provide in order to conduct research, analysis, or studies for our own purposes (i.e., not related to providing you with specific services), including improving our services and future sweepstakes.

We may also use the information that you provide to us to communicate with you about our current activities, future events and sweepstakes or to notify you about any changes to our services. If you decide that you would no longer like to receive such messages you can opt-out from receiving such emails from Adventured. In order to opt-out you can click on an unsubscribe link provided at the bottom of every commercial e-mail that you receive from Adventured. If you opt-out, you will continue to receive communications from us relating to any payments you make or other services you request or purchase. If you decide at a later time that you would like to receive commercial emails from us, you may be able to re-add yourself to our communication list.

How May We Share Your Information?

We may disclose all of the information (described herein) that we collect, as stated in this Policy including in accordance with the terms set forth in this section.  Except as stated in this Policy and as detailed below, we do not rent, sell, or share your information with other people or companies.  The following describes how we may share your information:

 

Sharing Your Information with Subcontractors. In our efforts to provide the best quality service and experience to you, we may share information with subcontractors that provide us with services. These services may include, among other things, helping to provide services that you request, helping to create or maintain our databases, helping to research and analyze the people who request services information from us, and/or helping to process payment card information.

Sharing Your Information as Permitted by Law. We may share your information with others as required by, or permitted by, law. This may include sharing your PII with governmental entities, or third parties in response to subpoenas, court orders, other legal processes, or as we believe is necessary to exercise our legal rights, to defend against legal claims that have been brought against us, or to defend against possible legal claims that we determine in our sole discretion might be brought against us.

Sharing Your Information with Law Enforcement. We may report to law enforcement agencies any activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity. In addition, we reserve the right to release your information to law enforcement agencies if we determine, in our sole judgment, that either you have violated our policies or the release of your information may protect the rights, property or safety of Adventured, you, or another person.

Business Transition. If Adventured becomes involved in a merger, acquisition, or any form of sale or transfer of some or all of its assets, your information will be transferred to the acquiring entity.

Your Comments. If you post a Comment to our Website, the information that you choose to post, including any personal information that you choose to post, may be available generally to the public.

Marketing Companies. As a general rule, we only provide limited, Non-PII (e.g., the city, or the state, in which a device is located or information about your search or posting history) usually in conjunction with a randomly assigned number or a number assigned to your Adventured account and not in conjunction with your name. However, for certain campaigns, we may provide third party advertisers with your email address which may be used by such companies to provide you with information about other products, services or companies.

Sharing Your Information with Charities and Prize Providers. If you enter a sweepstakes, whether by making a donation or using an alternate method of entry, make a donation in connection with entering into a sweepstakes, a U.S. 501(c)(3) tax-exempt public charity that is the legal recipient of all donations through the Adventured platform, as well as the charity we designate as the benefiting charity for such sweepstakes and with any entity providing prizes for that sweepstakes, each of which may use your information for marketing purposes. If a designated benefiting charity is ultimately determined to be ineligible to receive a grant from The Adventured Foundation, your information will not be sent to such charity.

Sweepstakes Winners. As further explained in our Rules, by entering into a sweepstakes, you grant us the right to disclose name, biographical information, pictures/portraits, video images, likenesses and/or voice to the general public if you are a sweepstakes winner.

Credit Card Information. Please note, when you use a credit card to make a donation, you are actually being redirected to our third party provider. WE DO NOT COLLECT, ACCESS, STORE OR PROCESS ANY CREDIT CARD INFORMATION.

How Do We Protect Your Information?

We employ reasonable physical and administrative safeguards to protect your personal information.  While we will use such efforts, we cannot and will not insure the security of your information. Accordingly, we assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.

Third Party Websites; Advertisements

Our Website or our emails may link to a variety of third-party social media sites and/or websites – such as YouTube, Twitter, Facebook and others - as a service to you, and in order to provide you additional information and/or content related to the work that we do, or additional venues in which you can learn about and discuss the activities of Adventured.  We may also allow third parties to place advertisements on the Website.  Please note that we have no affiliation with any of these other parties and/or websites, and cannot control and are not responsible for the information collection, use, and disclosure practices of such third parties; we encourage you to review and understand their privacy practices and policies, if any, before using providing any personally identifying information to them or initiating any financial transactions.  We are not responsible for the content or information of these websites, or any other use of the linked website.

 

In regard to the advertisements that may appear on the Website, you have a right to opt-out of such personalized targeted ads. Our advertising partners are members of the Network Advertising Initiative; to opt out of targeted ads served by our advertising partners, or any or all Network Advertising Initiative members, click here. Please note that when you opt-out using this method the Network Advertising Initiative will place an opt-out cookie on your computer. If you delete, block, or otherwise restrict cookies, you may need to renew your opt-out choice. Once you have opted out, our advertising partners will no longer use information they have collected to help deliver targeted advertisements.

Children’s Privacy

We do not knowingly collect, use, or disclose personally identifiable information about visitors younger than 13 years of age. If you are under the age of 13, you are expressly prohibited from accessing/viewing the Website. If you are the parent or guardian of a child under 13 years of age and believe that they have disclosed personally identifiable information to us, please contact us at support@adventured.com  so that we may delete your child’s information.

What if I Provide Information from Outside the United States?

Our Website is hosted in the United States and is governed by US law, and each Sweepstakes drawing takes place within the United States. Accordingly, by submitting any personal information to Adventured or enter a sweepstakes, you are transferring your personal information to the United States and you consent to such transfer.  We do not represent or warrant that the Website, or any part thereof, is appropriate or available for use in any particular geographic location. If you choose to access our Website, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules, and regulations applicable in your jurisdiction. If you are visiting the Website from outside the United States, please be aware that your information will be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Website, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Policy.

Notice To European Union Area, Switzerland & United Kingdom Residents

This Policy is intended to provide adequate and consistent safeguards for the handling of personal information in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“the Directive”) and all the relevant transposing legislation of the Directive in the European Union/European Economic Area, the Swiss Federal Data Protection Act, as such laws may from time to time be amended and valid during the application of this Policy, and any other privacy laws, regulations and principles concerning the collection, storage, use, transfer and other processing of personal data transferred from users in the European Economic Area, the United Kingdom or Switzerland (the “EU Users”) to the United States including but not limited to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “General Data Protection Regulation” or “GDPR”)) as of its entry into force on 25 May 2018.  Adventured has developed this GDPR Privacy Notice to provide additional information about how we handle the PII collected via our Website that is subject to GDPR when we are the controller of that information. The following provisions apply only to EU Users.

Purpose of this GDPR Privacy Notice

This GDPR Privacy Notice explains how we process PII that is subject to GDPR, and also sets out individuals' rights related to our processing of such PII.

 

Purpose and Legal Bases For Our Use Of Your PII

Our processing of PII is justified by a "legal basis", that is, a specific condition. We may use PII for the following purposes, in each case as justified by a legal basis:

 

Website administration

We use may use your PII for the effective administration of the Website, to fulfill and/or address your requests, or to provide the functionalities and features as further described herein.

 

Purpose and Legal Bases for our Use of your PII

This processing is necessary to establish, exercise or defend our legal claims and rights. It is in our legitimate interest or a third party's legitimate interest to use your PII in such a way to ensure that we provide the very best client service we can to you or others and comply with our professional and ethical duties as attorneys, consistent with applicable law. In some cases, this processing is necessary to perform a contract to which you are a party.

 

Business administration and legal compliance

We use PII for the following business administration and legal compliance purposes:

    To perform and maintain information for the purposes of performing conflicts of interest searches.
    To comply with our legal obligations (including Know Your Client, Anti-Money Laundering, Anti-Bribery, conflicts or similar obligations including, but without limitation, maintaining regulatory insurance).
    To enforce our legal rights. To investigate and/or settle inquiries or disputes.
    To comply with any applicable law, court order, other judicial process, law enforcement requests or the requirements of a regulator.
    To enforce our agreements with you.
    To protect the rights, property or safety of us or third parties, including our other clients and users of the Website or our Services.
    To maintain our records.
    To process business transaction data, such as in connection with a merger, or a restructuring, or sale.
    To use as otherwise required or permitted by law, consistent with these purposes.

Purpose and legal bases for our use of your PII

It is necessary to enforce, establish or defend our legal rights, or to protect the rights of third parties. This processing is necessary to comply with EEA legal obligations imposed upon us. It is in our legitimate interest or a third party's legitimate interest to use your PII to comply with other legal obligations. In some cases, this processing will be necessary to perform a contract to which you are a party.

 

Marketing and promotions

We may use PII for marketing and promotional purposes, such as to send you news and newsletters, or to otherwise contact you about products or information we think may interest you, by email and direct (postal) mail. We may also use it develop new services and determine how to market our services.

 

Purpose and legal bases for our use of your PII

It is in our legitimate interest to use your PII for marketing purposes in order to develop and grow our business and services and promote the reputation of our firm. We will, where required by applicable law, obtain your consent to send such communications.

 

Client insight and analytics

We use PII to better understand how you and others use our services or our Website, so that we can improve our Website and services, develop new features, tools, offerings, services and the like, and for other research and analytical purposes. We also use the information we collect to measure the effectiveness of our online content and how visitors use our Website and our services. We may use this information and the insights we have derived for marketing purposes or to make decisions about events, news and information that may be of interest to clients, prospective clients, Website users and others.

 

Purpose and legal bases for our use of your PII

It is in our legitimate interest to use your PII in such a way to ensure that we provide the very best Services to our clients and others in order to develop and grow our business and Services and promote the reputation of our firm.

 

Prevent misconduct, abuse and misuse

Subject to our professional and ethical duties, we use PII where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of our Terms of Use. We also use PII to protect and secure the Website and our information systems and networks.

 

Purpose and legal bases for our use of your PII

This processing is necessary to comply with EEA legal obligations imposed upon us. It is necessary to enforce, establish or defend our legal rights, or to protect the rights of third parties. It is in our legitimate interest or a third party's legitimate interest to use your PII to comply with other legal obligations. In some cases, this processing will be necessary to perform a contract to which you are a party.

 

Retention of Personal Data

In general, we will retain relevant PII of Website visitors for at least 1 year from the date of our last interaction with you and in compliance with our obligations under applicable laws, or for longer if we are required to do so according to our regulatory obligations or where we believe necessary to establish, defend, or protect our legal rights and interests or those of others.

 

Third Party Contractors and Other Data Processors

We may appoint subcontractor data processors as required to deliver the services, such as, without limitation, IT systems or software providers, IT Support service providers, and document and information storage providers, who will process PII on our behalf and at our direction. We conduct an appropriate level of due diligence and put in place contractual documentation in relation to any sub-contractor to ensure that they process PII appropriately and according to our legal and regulatory obligations.

 

Your Information and Your Choices; Withdrawal of Consent

GDPR provides EU Users with additional rights in respect to the PII we hold about you, including the following rights:

    Your right of access

If you ask us, we will confirm whether we are processing your PII and, if necessary, provide you with a copy of that PII (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.

    Your right to correction (rectification)

If the PII we hold about you is inaccurate or incomplete, you are entitled to request to have it corrected. If you are entitled to have information corrected and if we have shared your PII with others, we will let them know about the rectification where possible. If you ask us, we will also tell you, where possible and lawful to do so, with whom we have shared your PII so that you can contact them directly.

    Your right to erasure

You can ask us to delete or remove your PII in some circumstances, such as where we no longer need it or if you withdraw your consent (where applicable). If you are entitled to erasure and if we have shared your PII with others, we will let them know about the erasure where possible. If you ask us, we will also tell you, where it is possible and lawful for us to do so, with whom we have shared your PII with so that you can contact them directly.

    Your right to restrict (block) processing

You can ask us to restrict the processing of your PII in certain circumstances, such as where you contest the accuracy of that PII or you object to us. If you are entitled to restriction and if we have shared your PII with others, we will let them know about the restriction where it is possible for us to do so. If you ask us, we will also tell you, where it is possible and lawful for us to do so, with whom we have shared your PII so that you can contact them directly.

    Your right to data portability

You have the right, in certain circumstances, to receive a copy of PII we've obtain from you in a structured, commonly used and machine readable format, and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.

    Your rights in relation to automated decision-making and profiling

You have the right not to be subject to a decision when it's based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us.

    Your right to withdraw consent

If we rely on your consent (or explicit consent) as our legal basis for processing your PII, you have the right to withdraw that consent at any time.

    Your right to lodge a complaint with the supervisory authority

If you have a concern about any aspect of our privacy practices, including the way we've handled your PII, you can report it to the relevant supervisory authority.

Please note that some of these rights may be limited where we have an overriding legitimate interest or legal obligation to continue to process the PII, or where the PII may be exempt from disclosure due to applicable law, the applicable rules of professional conduct, attorney-client privilege, legal professional privilege, other applicable privileges or protections, or professional secrecy obligations.  Additionally, there may be circumstances in which we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided in data protection legislation in general, and GDPR in particular. Finally, please note that we are not responsible for removing or deleting information from the databases of third parties (such as service providers) with whom we have shared information about you, but we will make the request on your behalf for such removal/deletion.

 

Where We Transfer Your Personal Information

Adventured is located in the United States; when you submit personal information to us, or when others provide personal information to us, we will receive it and process it in the United States.

 

Children’s Privacy/Note To Parents Of Children Residing in The EEA, Switzerland And UK

 

Except as may be provided by a parent or guardian, we do not knowingly collect, use, or disclose PII about visitors to our Website that are less than 16 years of age; please note that if you are a parent or guardian we ask that you do not provide confidential or sensitive information – including any medical or health related information - to us directly through this Website, or by email to any of the contact email addresses listed on this Website. If a child under the age of 16 submits information to us through any part of the Website and we becomes aware that the user submitting the information is under the age of 16, the information provided will be deleted as soon as it is discovered and not used for any purpose. If you are the parent or guardian of a child under 16 years of age and believe that they have disclosed PII to us, please contact us at support@adventured.com and be sure to include in your message the same user name and password and/or email address that you believe your child submitted, if applicable.

 

How to Contact Us

If you have any questions about this GDPR Privacy Notice or want to exercise your rights set out in this GDPR Privacy Notice, please contact us at support@adventured.com or at the address below.

 

Adventured, LLC

PO BOX 1767

Mammoth Lakes, CA 93546

 

Changes to This GDPR Privacy Notice

We may make changes to this GDPR Privacy Notice from time to time, to reflect changes in our practices. We may also make changes as required to comply with changes in applicable law or regulatory requirements. Where we materially change this Privacy Notice, we will take steps to notify you (such as by posting a notice on the Website or via email), and where required by applicable law to obtain your consent.

 

How and When is the Policy Updated? How are You Notified of these Changes?

We reserve the right to modify or amend this Policy at any time by posting the revised Policy on our Website. If there are changes or additions to this Policy, we will post those changes here or in other formats for you to review. Each version of this Policy will be identified at the end of this document by its effective date. Your continued use of the Website after the effective date of any modification to the Policy will be deemed to be your agreement to any changed terms.

How to Contact Us

If you have any questions or concerns regarding this Policy, please contact us at support@adventured.com or at the address below.

 Adventured, LLC

PO BOX 1767

Mammoth Lakes, CA 93546.

If we need, or are required, to contact you concerning any event that involves your information we may decide to do so by email, telephone, or mail.

This Policy is effective as of January 2020.

 

 

 

CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018 (“CCPA”).  This California Privacy Statement (“CA Privacy Statement”) supplements the information contained in the Adventured Privacy Notice above and applies solely to visitors, users, and others who reside in the State of California (“CA Resident(s)”, “you” or “your”). Any terms defined in the CCPA have the same meaning when used in this CA Privacy Statement.

 

Your Rights and Choices

The CCPA provides CA Residents with specific rights regarding their Personal Information. The CCPA defines Personal Information as any information that “identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household” (hereinafter, “PII”).  This CA Privacy Statement describes your CCPA rights in relation to our use of your PII, and explains how to exercise those rights.

 

Right to Know/Access.

 

As a California Resident, you have a right to know:

    The categories of PII we have collected, sold, or disclosed for business purposes about you;
    The categories of sources from which we collected your PII;
    The business or commercial purpose for collecting or sharing your PII;
    The categories of third parties with whom we have shared, sold, or disclosed for business purposes your PII; and
    The specific pieces of your PII we have collected.

 

Portability Rights

As part of your “right of access”, you have the right to request that we provide your PII to you.  Once we receive and confirm your “verifiable consumer request” (as describe below) we will provide the PII we have collected and currently hold to you “in a portable and, to the extent technically feasible, in a readily usable format.

 

Right of Deletion

As a California Resident, you have a right to request that we delete the PII we have collected from or about you, subject to certain exceptions. Once we receive and confirm your verifiable request (as described below), we will delete (and ask our service providers to delete) your PII from our records, unless an exception applies.

Please note, we may deny your deletion request if retaining the information is necessary for us or our service providers to:

    Complete the transaction for which we collected the PII, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
    Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
    Debug products to identify and repair errors that impair existing intended functionality.
    Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
    Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
    Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
    Comply with a legal obligation.
    Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Process To Submit A Request

 

To submit a verified request for your PII you may click here or call toll-free at . You may also designate an authorized agent to submit a request on your behalf by clicking here or calling toll-free at - and then also submitting written proof of such authorization via.

 

Verification; Verification Method

Only you - or a person registered with the California Secretary of State that you authorize to act on your behalf - may make a verifiable consumer request related to your PII. You may also make a verifiable consumer request on behalf of your minor child. In order to ensure we do not inadvertently delete your PII based on a fraudulent request, we will verify your identity before we respond to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the PII requested to be deleted, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you.   Please note you may only make a verifiable request for access (and data portability) twice within a 12-month period.  To be considered a verifiable consumer request, you must:

    Provide sufficient information that allows us to reasonably verify you are the person about whom we collected PII or an authorized representative.
    Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with PII if we cannot verify your identity or authority to make the request and confirm the PII relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use PII provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your PII that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

Right to Opt-Out

 

As a California resident, you have the right to opt-out of the sale of your PII to third parties. To exercise this right, please click here.

 

Right of Non-Discrimination

You have a right to exercise your rights under the CCPA without suffering discrimination. Accordingly, we will not discriminate against you in any way if you choose to exercise your rights under the CCPA.   Unless permitted by the CCPA, we will not:

    Deny you goods or services.
    Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
    Provide you a different level or quality of goods or services.
    Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

California Minors

 

If you are a California resident under the age of 18, California Business and Professions Code § 22581 permits you to request and obtain removal of content or information you have publicly posted on our Website. To make such a request, please send an email with a detailed description of the specific content or information to support@adventured.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and there may be circumstances in which the law does not require or allow removal even if requested.

 

Shine The Light

 

California Civil Code § 1798.83 permits you to request information regarding the disclosure of your PII by us to third parties for their direct marketing purposes. To make such a request, please send an email to support@adventured.com or at the address below.

 

Adventured, LLC

PO BOX 1767

Mammoth Lakes, CA 93546
 

Information We Collect

As noted above, we may collect some of your PII.  In the table below we have indicated those categories of PII that we have collected from California Residents within the last twelve (12) months:

Category
    

Examples
    

Collected

A. Identifiers.
    

May include: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
    

YES

B. PII categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
    

May Include: Name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some PII included in this category may overlap with other categories.
    

YES

C. Protected classification characteristics under California or federal law.
    

May Include: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
    

NO

D. Commercial information.
    

May Include: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
    

NO

E. Biometric information.
    

May Include: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
    

NO

F. Internet or other similar network activity.
    

May include: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
    

 YES

G. Geolocation data.
    

May include: Physical location or movements.
    

 NO

H. Sensory data.
    

May include: Audio, electronic, visual, thermal, olfactory, or similar information.
    

NO

I. Professional or employment-related information.
    

May include: Current or past job history or performance evaluations.
    

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
    

May include: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
    

NO

K. Inferences drawn from other PII.
    

May Include: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
    

 

 

Please note that PII does not include:

    Publicly available information from government records.
    De-identified or aggregated consumer information.

Adventured obtain the categories of PII listed above from the following categories of sources:

    Directly from you when you use our Website. For example, from forms you complete or products and services you purchase.
    Indirectly from you when you use our Website. For example, from tracking your actions on our Website (as further described in our Privacy Notice or through information we collect in the course of providing services).
    Directly and indirectly from activity when you use our Website.
    Directly from our clients/customers or their agents. For example, from documents that our clients provide to us related to the services for which they engage us.
    Indirectly from our clients/customers or their agents. For example, through information we collect from our clients in the course of providing services to them.

Use of PII

We may use or disclose the PII we collect for one or more of the following business purposes:

    To fulfill or meet the reason for which the information is provided.
    To provide you with information, products or services that you request from us.
    To provide you with content, and other notices, events or news, that may be of interest to you.
    To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing.
    To improve our Website and present its contents to you.
    As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
    To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
    As described to you when collecting your PII or as otherwise set forth in the CCPA.
    To evaluate or conduct 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, in which PII held by us is among the assets transferred.

We will not collect additional categories of PII or use the PII we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing PII

We may disclose your PII to a third party for a business purpose.  When we disclose PII for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that PII confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of PII for a business purpose:

Category A:             Identifiers.
Category B:             California Customer Records PII categories.
Category I:              Professional or employment-related information.

We disclose your PII for a business purpose to the following categories of third parties:

    Our affiliates.
    Service providers.
    Third parties to whom you or your agents authorize us to disclose your PII in connection with products or services we provide to you.

Selling PII

In the preceding twelve (12) months, we have not sold any PII.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your PII, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

support@adventured.com or at the address below.

Adventured, LLC

PO BOX 1767

Mammoth Lakes, CA 93546