DEFY PRIVACY POLICY
LAST UPDATED: March 1, 2024 (Effective Date)
This Privacy Policy describes how Defy (“we”, “us” or “our”) collects, uses, secures and discloses information about you when you access or use our website located at https://www.defy.com/ (the “Site”), sign up for a Defy membership, when you apply for a job through the “Careers” page on our website, when you visit us at one of our Defy-branded parks, and interact with us through any other websites, pages, features, or content owned and operated by Defy that direct to this Privacy Policy (collectively, the “Services”). Defy respects the privacy of the visitors and users of our Services, and we are committed to protecting it through our adherence to this Privacy Policy, which also describes the rights and choices you have with respect to your personal information. We may update this Privacy Policy from time to time to reflect changes in the law or as we update or expand our Services. When we make a change, we will provide you with notice of such updates as required by applicable law, and we will revise the “Last Updated” date at the top of this Privacy Policy. All changes will be effective as of the “Last Updated” date. We encourage you to look for updates and changes to this Privacy Policy by checking this page when you access our Services. If you have any questions about this Privacy Policy, please reach out to us anytime at [email protected] or as described in the “Contact Us” section below.
By using our Services, you acknowledge that we will collect and process your personal information in accordance with this Privacy Policy, and you consent to the practices and terms set forth in our Terms of Services, available here. If you do not feel comfortable with any part of this Privacy Policy or our Terms of Service, please discontinue use of the Services or engaging with Defy immediately.
You can jump to particular topics by going to the headings below:
PERSONAL INFORMATION WE COLLECT
Defy collects personal information when you interact with our Services. “Personal information,” as used in this Privacy Policy, generally is any information that identifies or makes an individual identifiable. The specific definition of personal information depends on the applicable law based on your physical residence. Only the definition that applies to your physical residence will apply to you under this Privacy Policy.
We collect your personal information through our direct interactions with you, through the use of cookies and automated technologies on our Services, and through any security systems (such as closed circuit televisions) that we have installed in our parks. We may also collect personal information about you from third parties, such as if you interact with us using social media platforms or if your friends or family purchase passes on your behalf. Depending on how you interact with us, we may collect the following categories of personal information about you:
| Type | Description | Purpose and Use |
|---|---|---|
| Direct identifiers | Such as your name, postal address, phone number, online identifier, Internet Protocol address, device IDs, email address, and chosen password. |
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| Your transaction information | Such as your payment information, billing and shipping address, the products and services purchased, and your purchase and consuming history. |
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| Your internet activity information | Such as browsing history, search history, and information regarding your interaction with our websites and advertisements. |
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| Cookies and Third-Party Tracking | We may place tracking technology on our website that collects analytics, records how you interact with our website, or allows us to participate in behavior-based personalized advertising. |
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| Your geolocation information | Which may be derived from GPS or Bluetooth technologies. |
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| Video and audio information | Such as through our security cameras and CCTV systems. |
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| Employment | If you apply for a job posting, or become an employee, we collect information necessary to process your application or to retain you as an employee. This may include, among other things, your Social Security Number. Providing this information is required for employment. | We use information about current employees to perform our obligations to employees. In some contexts, we are also required by law to collect information about employees or applicants. |
| Other information | That you may provide that we combine with your personal information, such as your birthdate and information about your friends and family. |
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YOUR RIGHTS AND CHOICES
Depending on applicable law where you reside or are located, you may be able to assert certain privacy rights identified below with respect to your personal information. If any of the rights listed below are not provided to you under the law that governs the processing of your personal information, we have absolute discretion in determining whether to extend those rights. Please refer to the table below to determine the rights you have in your jurisdiction.
Your rights in relation to your personal information are not absolute. Depending upon the applicable law, access to your rights under the applicable law may be denied: (a) when denial of access is required or authorized by law; (b) when granting access would have a negative impact on another’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or vexatious, or for other reasons.
- Access To Your Personal Information. You may request access to your personal information or confirmation that we have information about you. In certain limited circumstances, you may also request to receive access to your data in a portable, machine-readable format.
- Changes To Your Personal Information. We rely on you to ensure that the personal information we maintain about you is accurate. If you believe we have incorrect information about you, please submit a request to correct as described below.
- Deletion Of Your Personal Information. You may request that we delete your personal information. If required by law, we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another business purpose.
- Opt-out of Targeted Advertising. You may opt-out of online interest-based targeted advertising by clicking the “Cookie Preferences” link in our Site footer or via the “CCPA DSAR” link on our homepage. Please note that if you change browsers or computers, or if you clear your browser’s cache, you may need to click the link again to apply your preference.
- Objection to Certain Processing. You may object to our use or disclosure of your personal information by contacting us as described below.
- Online Tracking. We do not currently recognize the “Do Not Track” signal.
- Promotional Mailings. You may opt out of our marketing emails by clicking the “unsubscribe” link in any marketing email you receive from us. Please note that it you unsubscribe from marketing emails, you may still receive non-marketing communications from us via email, such as those about your account or ongoing business relations.
- Promotional Text Messages. After you have affirmatively opted in to receiving mobile text messages from us, you may opt out of receiving text messages by texting the word “STOP” in reply to one of our text messages, or by following other unsubscribe instructions provided in the text message. We may send you one additional confirmatory message to let you know that we have received your request.
- Revocation Of Consent. Where we process your personal information based upon consent, you may revoke your consent at any time. Please note, if you revoke your consent for the processing of personal information then we may no longer be able to provide you services.
Please note, not all of the rights described above are absolute, and they do not apply in all circumstances. In some cases, we may limit or deny your request because the law permits or requires us to do so, or if we are unable to adequately verify your identity, or if these rights are not afforded under the applicable law in your jurisdiction of residence. We will not discriminate against individuals who exercise their privacy rights under applicable law.
Submitting Requests
You may exercise the rights described above by completing the form in the CCPA-DSAR link on our homepage. If you disagree with our denial of a request, you may appeal our decision by contacting us with the subject line “Appeal.”
Note that, as required by law, we will require you to verify your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name and email address. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.
In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. The authorized agent can submit a request on your behalf [email protected] along with a statement signed by you certifying that the agent is authorized to act on your behalf.
HOW WE PROTECT AND RETAIN INFORMATION
No method of transmission over the internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
Some of our websites permit you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.
We retain your personal information for only as long as necessary to fulfill the purposes outlined in this Privacy Policy, including for the purposes of satisfying any legal, accounting, or reporting requirements, unless a longer retention period is required or permitted by law. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we obtained the information and whether we can achieve those purposes through other means, as well as applicable legal requirements.
YOUR CALIFORNIA PRIVACY RIGHTS
Residents of California should be aware that California law affords them certain rights regarding their personal information. In addition to the rights and choices included above, if you are a California resident, you have the following additional privacy rights with respect to the personal information we collect about you:
You may request that we disclose certain information to you about our collection and use of your personal information over the past 12 months, including the categories of personal information we collected about you, the sources of that personal information, the categories of third parties with whom we shared or sold your personal information, and our business or commercial purposes for collecting, sharing or selling your personal information. You may make this request for information no more than twice in a 12-month period.
Selling or Sharing of Personal Information: You have a right to request that we do not sell your personal information to third parties. We do not sell your personal information for money, but we use tracking technologies to help us to understand our customers and visitors to the Services, to enhance your online experience, and to customize our offerings in ways that may be deemed a “sale” or “sharing” of personal information under the California Consumer Privacy Act (CCPA), as amended.
This includes sharing personal information with third parties such as ad networks that collect personal information via tracking technologies to serve personalized advertisements on and off our Services, provide us with data collection, reporting, ad response measurement. To the extent we or our partners use such technologies on the Services, we offer an you the ability to discontinue this practice. To exercise your right to opt-out of such “sales” or “sharing”, please submit a request by visiting the “CCPA-DSAR” link on our homepage or by emailing us as described in the “Contact Us” section below. We do not knowingly sell, share or otherwise disclose the personal information of consumers under the age of 16.
Please note that Defy processes opt-out preference signals in a frictionless manner in alignment with applicable law. To start using an opt-out preference signal for your web browser, please refer to the Global Privacy Control instructions provided here. You will need to submit a separate opt-out of selling/sharing request on each device and browser you use to visit our Services. Please note that you may still receive generalized ads after opting out of targeted advertising.
Notice of Collection. For details regarding how we use personal information, please see the Information We Collect section of the Privacy Policy to see the types of personal information that we collect and the business purposes for doing so. As discussed elsewhere in this Privacy Policy, we use cookies and similar tracking technologies for purposes of targeted advertising. For more information, please see the Cookies and Other Data Collection Technologies section of the Privacy Policy. You may also refer to the How We Share Information section of the Privacy Policy for details on sharing with service providers and in alignment with applicable laws.
California Sensitive Information Disclosure. We collect the following categories of sensitive personal information, as defined under California law: precise geolocation, account log-in information and passwords, payment information and access codes, Social Security Number, and government-issue identification information. This information is collected in order to process transactions, comply with laws, manage our business, or provide you with services. Note that we do not use such information for any purposes that are not identified within the California Privacy Rights Act Section 1798.121. Under the California Consumer Privacy Act of 2018 (“CCPA”) as amended, you have the right to request that we limit our disclosure or use of sensitive personal information (as defined by California law) if we are using the sensitive personal information for anything other than to perform our Services, provide the goods or services that you requested, or for purposes otherwise permitted by California law.
Submitting Privacy Requests. If you wish to exercise any of these rights, you may visit the “CCPA-DSAR” link on our homepage, call us toll free at 833-227-9532 or email us at [email protected]. Please note that your request is in relation to your “California Privacy Rights” in the subject line.
Note that, as required by law, we will require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name, and your email address. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.
If you are a consumer under the CCPA and wish to contact us through an authorized agent, the authorized agent can submit a request on your behalf via [email protected] along with a statement signed by you certifying that the agent is authorized to act on your behalf.
SHINE THE LIGHT
California law also permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident, you may request this information once per calendar year by contacting us at [email protected].
CHILDREN’S PRIVACY
You must be at least 13 years old to use our website. If you are a parent and believe that we may have inadvertently collected personal information from your child through the website or mobile app, please notify us immediately by sending an email to [email protected] and include “Children’s Privacy” in the subject line.
Additionally, if you are a California resident under 18 years old and a registered user, you can request that we remove content or information that you have publicly posted to our Services. If you would like to request removal of content or information, please contact us at [email protected]. Please note that the removal of content may not ensure complete or comprehensive removal of that content or information posted through the Services.
THIRD PARTY WEBSITES
We may display hyperlinks that, when clicked, take you to a third-party website that we do not own or control. We are not responsible for how third parties collect, use, and share your personal information. We encourage you to review the privacy policies of third parties before providing them with your personal information.
CONTACT US
You may contact us with questions or concerns at:
Defy – Privacy
86 N. University Avenue #350
Provo, UT 84601
888-491-5001
[email protected]
