PRIVACY POLICY

Gigglewaters and its affiliates and franchisees (“Gigglewaters” or “we”) respect your privacy and are committed to protecting it through our compliance with this policy. In this Privacy Policy (the “Policy”), we describe how we collect, use, manage, and share information that we obtain about visitors to our websites located at www.gigglewaters.com and all individual Gigglewaters websites linked to www.gigglewaters.com and www.ownagigglewaters.com (collectively, the “Websites”). This Policy does not apply to information that we or our franchisees collect from you offline, at, or through individual Gigglewaters locations.

By visiting the Websites, you agree that your personal information will be handled as described in this Policy. Your use of our Websites and any dispute over privacy are subject to this Policy, including its applicable limitations on damages and the resolution of disputes.

This policy describes the types of information we may collect from you or that you may provide when you visit the Websites and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect

on the Websites;
in e-mail, text, and other electronic messages between you and Company or otherwise related to the Websites;
through mobile and desktop applications you download from the Websites which provide dedicated non-browser-based interaction between you and the Websites; and
when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

use offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to – or be accessible from or through – the Websites.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the Websites. By accessing or using the Websites, you agree to this Privacy Policy. This policy may change from time to time (See Changes to Our Privacy Policy below.) Your continued use of the Websites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

CHILDREN UNDER THE AGE OF 18

Our Websites are not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Websites. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Websites or through any of its features, register on the Websites, use any of the interactive or public comment features of the Websites, or provide any information about yourself to us, including your name, address, telephone number, e-mail address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at support@gigglewaters.com.

Residents of certain states under 13, 16, or 18 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of the Websites, including information

by which you may be personally identified, such as name, postal address, e-mail address, telephone number, territory information, financial information, and any other identifier by which you may be contacted on-line or off-line;
that is about you but individually does not identify you; and/or
about your internet connection, the equipment you use to access the Websites, and usage details.

We collect this information

directly from you when you provide it to us; and
automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through Cookies, web beacons, and other tracking technologies.

INFORMATION YOU PROVIDE TO US

The information we collect on or through the Websites may include

information that you provide by filling in forms on the Websites. This includes information provided at the time of registering to use the Websites, subscribing to our newsletters, posting material, or requesting further information. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Websites;
records and copies of your correspondence (including e-mail addresses), if you contact us;
your responses to surveys that we might ask you to complete for research purposes;
details of transactions you carry out through the Websites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Websites;
your search queries on the Websites; and
transactional data provided directly by you, such as information regarding a franchise inquiry.

INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES

As you navigate through and interact with the Websites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including

details of your visits to the Websites, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Websites; and
information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Websites and to deliver a better and more personalized service, including by enabling us to

estimate our audience size and usage patterns;
store information about your preferences, allowing us to customize the Websites according to your individual interests;
speed up your searches; and
recognize you when you return to the Websites.

The technologies we use for this automatic data collection may include

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Websites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Websites.
Web Beacons. Pages of our the Websites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

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

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

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information

to present the Websites and their contents to you;
to provide you with information, products, or services that you request from us;
to fulfill any other purpose for which you provide it;
to provide you with notices about your account, including expiration and renewal notices;
to carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
to notify you about changes to the Websites or any products or services we offer or provide though it;
to allow you to participate in interactive features on the Websites;
in any other way we may describe when you provide the information; and
for any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please let us know by sending us an e-mail stating your request to support@gigglewaters.com.

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

DISCLOSURE OF YOUR INFORMATION

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

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

to our subsidiaries and affiliates;
to contractors, service providers, and other third parties we use to support our business;
to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Gigglewaters assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Gigglewaters about the Websites users is among the assets transferred;
to franchisees for the purpose of providing information or offers about products and services that may be of interest to you;
to fulfill the purpose for which you provide it;
for any other purpose disclosed by us when you provide the information; and
with your consent.

We may also disclose your personal information

to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
to enforce or apply our Terms and Conditions and other agreements; and
if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Gigglewaters, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

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

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Websites may then be inaccessible or not function properly.
Promotional Offers from the Company. If you do not wish to have your e-mail address or other contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an e-mail stating your request to support@gigglewaters.com. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.

ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your personal information by logging into the Websites and visiting your account profile page.

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

TEXT MESSAGES

When you request information from Gigglewaters through the Websites, you may receive text messages containing information about Gigglewaters. Gigglewaters may also send you text messages promoting your franchisee’s location and its sales and promotions. Message and data rates may apply. Message frequency will vary. To opt-out of the text messages you may reply STOP. We may send a one-time opt-out confirmation text message. If you want to join again, just sign up as you did the first time and we will start sending text messages to you again. For support, you may reply HELP to any text message or contact support@gigglewaters.com. Gigglewaters reserves the right to remove subscribers from its database at any time, without notification. All charges are billed by and payable to your mobile service provider. Gigglewaters will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your mobile service provider. Text messages are distributed via third party mobile network providers, and therefore Gigglewaters cannot control certain factors relating to message delivery.

You acknowledge and agree that the text messages are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the text messaging service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the text messaging services.

UNSUBSCRIBE

Gigglewaters may send periodic information and/or promotional emails to you. If you prefer not to receive such communications from Gigglewaters, you will have the ability to unsubscribe by means of a link provided in such emails from Gigglewaters or by contacting us at support@gigglewaters.com. Please include with your unsubscribe request your first and last name and the email address you wish to unsubscribe. Please note that it may take up to 10 business days for us to process opt-out requests.

YOUR STATE PRIVACY RIGHTS

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to

confirm whether we process their personal information;
access and delete certain personal information;
correct inaccuracies in their personal information, taking into account the information’s nature processing purpose (excluding Iowa and Utah);
data portability;
opt-out of personal data processing for
targeted advertising (excluding Iowa);
sales; or
profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah); and
either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights or to appeal a decision regarding a consumer rights request, you may send us an e-mail at support@gigglewaters.com.

To learn more about California residents’ privacy rights, visit www.oag.ca.gov/privacy/ccpa. California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Website/App 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 support@gigglewaters.com or write us at 2451 McMullen Booth Rd. #308 Clearwater, Fl 33759. To learn more about consumer privacy rights in other states and how to exercise them, visit your state’s website regarding privacy rights in your state.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sales opt-out rights may submit a request to support@gigglewaters.com or write us at 2451 McMullen Booth Rd. #308 Clearwater, Fl 33759.

DATA SECURITY

All information you provide to us is stored on encrypted web servers behind firewalls which are owned, operated, and controlled by third party providers.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Websites, you are responsible for keeping this password confidential. We ask that you do not share your password with anyone. We urge you to be careful about giving out information in public areas of the Websites such as message boards. The information you share in public areas may be viewed by any user of the Websites.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Websites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

CHANGES TO OUR PRIVACY POLICY

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

ARBITRATION

All disputes arising out of or relating to this Policy shall be resolved only by individual arbitration conducted in Tampa, Florida under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration, except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in an amount to be determined by the arbitrator. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for judicial acceptance of the award or order of enforcement. In addition, Gigglewaters shall be entitled to seek injunctive relief, security, or other equitable remedies from any court of competent jurisdiction.

LIMITATION OF LIABILITY

In no event will Gigglewaters, its affiliates, suppliers, or other third parties be liable for indirect, special, consequential, incidental, exemplary, punitive, or multiple damages, or for loss of profits, goodwill, data, equipment, or use, or for business interruption arising from or in connection with the existence, use, inability to use, or the results of use of the Websites, whether based on warranty, contract, tort, or any other legal theory and whether or not Gigglewaters has been advised of the possibility of such damages. In addition, Gigglewaters is not liable for the cost of any servicing or repair or equipment resulting from use of the Websites.

CONTACT INFORMATION

To ask questions or comment about this Privacy Policy and our privacy practices, or to register a complaint or concern, contact us by e-mail at support@gigglewaters.com or write us at 2451 McMullen Booth Rd. #308 Clearwater, Fl 33759.