Privacy policy

Last updated: 29 August 2023

This Privacy Policy describes how Santa Cruz Beach Boardwalk (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from shop.beachboardwalk.com (the "Site") or otherwise communicate with us (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.

Please read this Privacy Policy carefully. By using and accessing any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access any of the Services.

FOR CALIFORNIA RESIDENTS

For a copy of our privacy notice to residents of California, in accordance with the California Consumer Privacy Act of 2018 (“CCPA”), please go to beachboardwalk.com/privacy/ccpa/.

CHANGES TO THIS PRIVACY POLICY

Please note that this Privacy Policy may change from time to time as the laws or our business requirements change, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We expect such changes to be minor; however, any change will be posted to this page, and if there is a significant departure we will note it more prominently. We will post the revised Privacy Policy on the Site, update the "Last updated" date and take any other steps required by applicable law. Prior versions of this Privacy Policy will be maintained in an archive should you wish to view them.

If you have any questions about this Privacy Policy, or our website in general, please contact

Santa Cruz Seaside Company
Attn: Privacy Rights/Tech Services
400 Beach Street
Santa Cruz, CA 95003
(800)609-0320
mail@scseaside.com

INTRODUCTION

The Santa Cruz Beach Boardwalk cares about the privacy of the persons using our website. Our site is designed so that you may use it generally without providing any personally identifying information. “Personally identifying information” is information that individually identifies you, such as your name, physical address, or e-mail address. The following provisions outline what we do with the personally identifying information that we ask for on this website:

HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION

To provide the Services, we collect, and have collected over the past 12 months, personal information about you from a variety of sources, as set out below. The information that we collect and use varies depending on how you interact with us.

In addition to the specific uses set out below, we may use information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

You will be prompted and may opt in or out of joining our Big Kahuna Club, to receive news and updates to the Santa Cruz Beach Boardwalk, and through our main website at beachboardwalk.com/ , the Alumni Club. Through our main website you may also try submitting memories on our Boardwalk Memories site which will require you to register for an account, and we will ask you for some personal information in order to create that account, such as your name, e-mail address and a password. This information is retained for purposes of sending you information about the opportunities, discounts, and values you might like to know about in order to enjoy the Santa Cruz Beach Boardwalk. Our online ticket sales service, through our aforementioned main website, requires information that would allow use of a credit or debit card account online, and we collect the necessary information to process the purchase, such as: name, billing address, and credit or debit card number. We do not retain information that we collect with respect to ticket sales once the transaction is complete.

WHAT PERSONAL INFORMATION WE COLLECT

The types of personal information we obtain about you depends on how you interact with our Site and use our Services. When we use the term "personal information", we are referring to information that identifies, relates to, describes, or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

INFORMATION WE COLLECT DIRECTLY FROM YOU

Information that you directly submit to us through our Services may include:

  • Basic contact details including: your name, address, phone number, email, etc.
  • Order information including: your name, billing address, shipping address, payment confirmation, email address, phone number, etc.
  • Account information including: your username, password, security questions, etc.
  • Shopping information including: the items you view, put in your cart and/or add to your wishlist, etc.
  • Customer support information including the information you choose to include in communications with us; for example, when sending a message through the Services.

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features.

INFORMATION WE COLLECT THROUGH COOKIES

We also automatically collect certain information about your interaction with the Services ("Usage Data"). To do this, we may use "Cookies", pixels and similar technologies. Usage Data may include information about how you access and use our Site and your account, including device information, browser information, information about your network connection, your IP address and other information regarding your interaction with the Services.

INFORMATION WE OBTAIN FROM THIRD PARTIES

Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:

  • Companies who support our Site and Services, such as Shopify.
  • Our payment processors, such as Accesso, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
  • When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of the information provided to us by third parties and are not responsible for any third party's policies or practices. For more information, see the section below, “Third Party Websites and Links”.

HOW WE USE YOUR PERSONAL INFORMATION

We may use or share the personal information we collect for one or more of the following purposes:

Providing Products and Services. We may use your personal information to provide you with the Services in order to perform our contract with you; for example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that to process your payments, fulfill your orders, to send notifications to you related to you account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges, and to enable you to post reviews.

Marketing and Advertising. We may use your personal information for marketing and promotional purposes, such as: to send marketing, advertising and promotional communications by email, text message or postal mail, to personalize your Website experience, and to deliver content and product and service offerings relevant to your interests, including: targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).

Analytics and Research. We may use your personal information for testing, research, analysis, and product development, including and up to: to personalize, develop, support, and improve our Website, products, and services.

Security and Fraud Prevention. We may use your personal information to detect, investigate or take action regarding possible fraudulent, illegal, or malicious activity in preventing transactional fraud. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else, and that your login information is different of that of another website that you may also currently use. If you believe your account has been compromised, please contact us immediately. In furthering structural security we also use your personal information to help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.

Communicating with you. We may use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you. We aim to provide you with support and to respond to your inquiries, including to investigate and address your concerns, and monitor and improve our responses as we create, maintain, customize, and secure your account with us.

Compliance to Law Enforcement and Authorities. We may use your personal information, as applicable by law, to respond to law enforcement or governmental regulatory requests by way of court orders, subpoenas, and/or government regulations and compliance.

As described to you when collecting your personal information or as otherwise set forth in the CCPA.

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

COOKIES

Like many websites, we use Cookies on our Site. For specific information about the Cookies that we use related to powering our store with Shopify, see shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics, and better understand user interaction with the Services (in our legitimate interests to administer, improve, and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to remove or reject Cookies through your browser controls. Please keep in mind that removing or blocking Cookies can negatively impact your user experience and may cause some of the Services, including: certain features and general functionality, to work incorrectly or no longer be available. Additionally, blocking Cookies may not completely prevent how we share information with third parties such as our advertising partners.

HOW WE DISCLOSE PERSONAL INFORMATION

In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

  • With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
  • With business and marketing partners, including Shopify, to provide services and advertise to you. We use Shopify to support personalized advertising with third-party services. Our business and marketing partners will use your information in accordance with their own privacy notices.
  • When you direct or request us or otherwise consent to our disclosure of certain information to third parties, such as: to ship you products or through your use of social media widgets or login integrations, with your consent.
  • With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
  • In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants, and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, the Santa Cruz Seaside Company’s usage, operation, and collaboration of the Shopify website shop.beachboardwalk.com, either directly or through service providers, has collected in the past 12 months disclosed the following categories of personal information and sensitive personal information (denoted by *) about users for the purposes set out above in "How we Collect and Use your Personal Information" and "How we Disclose Personal Information":

CATEGORY:

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, physical characteristics or description, address or telephone number.
Some personal information included in this category may overlap with other categories.		 YES
C. Protected classification characteristics under California or federal law. A name, signature, physical characteristics or description, address or telephone number.
Some personal information included in this category may overlap with other categories.		 YES
D. Commercial information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES
E. Biometric information. 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. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements. YES
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information.

NO
I. Professional or employment-related information. 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)). 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 personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

CATEGORIES OF RECIPIENTS:

  • Vendors and third parties who perform services on our behalf (such as Internet service providers, payment processors, fulfillment partners, customer support partners and data analytics providers)
  • Business and marketing partners
  • Affiliates

We do not use or disclose sensitive personal information for the purposes of inferring characteristics about you.

We have "sold" and "shared" (as those terms are defined in applicable law) personal information over the preceding 12 months for the purpose of engaging in advertising and marketing activities, as follows.

USER GENERATED CONTENT

The Services may enable you to post product reviews and other user-generated content. If you choose to submit user generated content to any public area of the Services, this content will be public and accessible by anyone.

We do not control who will have access to the information that you choose to make available to others, and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available, or for the accuracy, use or misuse of any information that you disclose or receive from third parties.

THIRD PARTY WEBSITES AND LINKS

Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites.

Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners, operators, or proprietors except as disclosed on the Services.

CHILDREN'S DATA

At Seaside, we prioritize a Family Fun Experience and the creation of memories therein; however, this website and its Services are strictly for those of the Age of Majority (refer to your state guidelines for this, but for most of the states this is defined as 18 years of age). If you are a registered user, you are confirming that you meet this requirement and that any minor dependents gaining access to the Services are done so under your consent and authority, and that we are not directly engaging with data collection for those under the Age of Majority.

The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.

As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined in applicable law) personal information of individuals under 16 years of age.

SECURITY AND RETENTION OF YOUR INFORMATION

We take appropriate security measures to protect against unauthorized access to your personally identifying information, and we restrict access to such information to those employees who need to know that information in order to provide our services.

Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

SHARING OF YOUR INFORMATION

We do not rent, sell, trade or give your personally identifying information to any other person or entity.

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

We share your personal information with the following categories of third parties:

  • Our trusted third party service providers and affiliates who provide a service to us or assist us with providing our products and services
  • Our auditors, consultants, accountants, attorney and others providing advice to us
  • Payment processors
  • Hotels and other accommodation providers to communicate about your reservations
  • Any other person or entity we reasonably think is customary, necessary or advisable for the business purposes disclosed in our Privacy Policy or to whom we are obliged by applicable law or regulation to make the disclosure
  • Any other party where we have obtained your consent or authorization

Disclosures of Personal Information for a Business Purpose

  • In the preceding twelve (12) months, Company has not disclosed personal information for a business purpose.

Sales of Personal Information

  • In the preceding twelve (12) months, Company had not sold personal information.

YOUR RIGHTS AND CHOICES

Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.

Right to Access / Know. You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.

Right to Delete. You may have a right to request that we delete personal information we maintain about you.

Right to Correct. You may have a right to request that we correct inaccurate personal information we maintain about you.

Right of Portability. You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.

Right to Opt out of Sale or Sharing or Targeted Advertising. You may have a right to direct us not to "sell" or "share" your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined in applicable privacy laws. Please note that if you visit our Site with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt-out of the "sale" or "sharing" of information for the device and browser that you use to visit the Site.

Right to Limit and/or Opt out of Use and Disclosure of Sensitive Personal Information. You may have a right to direct us to limit our use and/or disclosure of sensitive personal information to only what is necessary to perform the Services or provide the goods reasonably expected by an average individual.

Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.

Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.

Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.

Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.

For California Residents, the CCPA provides consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that Seaside disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

    You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.

    We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before providing a substantive response to the request. In accordance with applicable laws, You may designate an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

    We use Shopify's ad services such as Shopify Audiences to help personalize the advertising you see on third party websites. To restrict Shopify merchants that use these ad services from using your personal information for such services, visit privacy.shopify.com/en.

    DELETION REQUEST RIGHTS

    You have the right to request that Seaside delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

    We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

    • Complete the transaction for which we collected the personal information, 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 et. seq.).
    • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
    • 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.

    EXERCISING ACCESS, DATA PORTABILITY, AND DELETION RIGHTS

    To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

    Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

    You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

    • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information 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 personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

    Making a verifiable consumer request does not require you to create an account with us.

    We will only use personal information 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 forty-five (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 personal information 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.

    PERSONAL INFORMATION SALES OPT-OUT AND OPT‑IN RIGHTS

    We do not sell personal information, period.

    NON-DISCRIMINATION

    We will not discriminate against you for exercising any of your CCPA rights. 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.

    However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We currently do not provide any financial incentive programs.

    Other California Privacy Rights

    California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website 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 mail@scseaside.com or write us at: Santa Cruz Beach Boardwalk, 400 Beach Street, Santa Cruz, CA, 95060.

    COMPLAINTS

    If you have complaints about how we process your personal information, please contact us using the contact details provided below. If you are not satisfied with our response to your complaint, depending on where you live you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority.

    INTERNATIONAL USERS

    Please note that we may transfer, store and process your personal information outside the country you live in, including the United States. Your personal information is also processed by staff and third party service providers and partners in these countries.

    If we transfer your personal information out of Europe, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

    CONTACT

    Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call (831) 621-2199 or email us at shop.info@beachboardwalk.com or contact us at Santa Cruz Beach Boardwalk, 400 Beach Street, Santa Cruz, CA, 95060, United States.