Effective Date: January 1, 2021
INFORMATION WE COLLECT
Depending on how you interact with us, we may collect the following categories of personal information about you:
- Direct identifiers, such as your name, postal address, phone number, online identifier, Internet Protocol address, device IDs, email address, and chosen password;
- Your transaction information, such as your payment information, billing and shipping address, the products and services purchased, and your purchase and consuming history;
- Your internet activity information, such as browsing history, search history, and information regarding your interaction with our websites and advertisements;
- Your geolocation information, which may be derived from GPS or Bluetooth technologies;
- Video and audio information, such as through our security cameras and CCTV systems; and
Other information you may provide that we combine with your personal information, such as your birthdate and information about your friends and family.
HOW WE USE YOUR PERSONAL INFORMATION
We use your information, including your personal information, for the following purposes:
- To create and manage your DEFY account;
- To operate and provide our Services;
- To complete your transactions, process your waivers, and fulfill other requests;
- To share with you information that we think you may be interested in, such as promotions, savings, and other marketing communications;
- To enter you into sweepstakes, contests and promotions or contact you regarding surveys; and
- To support our own internal business purposes, such as for data analysis, audits, security and fraud monitoring and prevention, developing new products and services, and improving your experience at our parks and on our website and mobile application.
HOW WE SHARE YOUR INFORMATION
We may share information about you, including your personal information, with third parties in certain circumstances, including:
- With affiliated businesses, such as other parks or companies within the CircusTrix Holdings, LLC family and our current and future parents, affiliates, subsidiaries, and other companies under common control and ownership to help maintain and improve our Services and other offerings.
- With business partners and other third parties, such as promotional partners with whom we partner to offer contests or other joint-promotional activities.
- With the general public, if you choose to participate in our publicly available blogs, online forums, and testimonials. When you participate in one of our blogs or online forums, or submit a testimonial to us, the information you include in your content (including your personal information) may be available generally to the public. If you choose to share your activity information while enjoying our parks, your information may be shared on our leaderboards.
- With service providers, who may have access to or need to process your personal information in order to provide us with services. These services may include, among other things, to help us fulfill your requests, to create or maintain our databases, to research and analyze the people who request products, services, or information from us, to prepare and distribute communications, to respond to inquiries, to deliver advertising-related services such as reporting attribution, analytics and market research, or to process payments.
- When we believe we should, or need to, share your personal information with law enforcement. For example, we may provide information to law enforcement agencies if we believe that you have violated our policies, or the release of your information may protect the rights, property, or safety of us, of DEFY or its affiliates, or another person.
- When we believe we should, or need to, share your personal information pursuant to a legal process. This may include sharing your information with government entities, or third parties in response to subpoenas, court orders, or other legal process, 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.
- If we, or any portion of our business or assets, is acquired, we may share your personal information with the acquiring company. We may also share your personal information with a third party in the context of a merger, reorganization, divestiture, restructuring, reorganization, dissolution, bankruptcy or other business or corporate transaction.
We also may share your personal information with third parties as disclosed to you at the time we collect your personal information or pursuant to your consent.
COOKIES AND OTHER DATA COLLECTION TECHNOLOGIES
We also use web beacons in certain emails we send to you. Web beacons help us know whether you respond to or interact with our emails, which lets us evaluate the effectiveness of our emails.
You can control how cookies and other data collection technologies impact your experience on our website and app by:
- Configuring your browser to reject all cookies or notify you when a cookie is placed on your browser. Each browser is different, so check the “help” menu of your browser to learn how to change your cookie preferences
- Disabling web beacons by turning of the HTML display of the email message
- Opting out of targeted advertisements by visiting aboutads.info/choices. If you opt out of targeted advertisements, you may still see advertisements, but they will not be tailored to you.
Some web browsers and devices permit you to broadcast a preference that you do not want to be “tracked” online. At this time, we do not modify your experience based upon your browser’s “do not track” signal. This means that we may track your activity across the websites you visit before and after you visit our website.
YOUR RIGHTS AND CHOICES
You have the following rights and choices related to our use of 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 contact [email protected] to request that we correct your personal information.
- 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.
- 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.
- If you use our mobile application, you may opt out of receiving push notifications by changing the preferences or settings of your device or the mobile application.
- You may prevent us from tracking your mobile device’s geolocation by turning off the location services on your device or modifying your location tracking preferences in your device.
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 a copy of the specific personal information collected about your during the 12 months before your request. You may make this request for a copy of your personal information no more than twice in a 12-month period.
- You have the right to request that we delete your personal information that we collected from you and retained, subject to certain exceptions.
- We do not sell your personal information for money, but we and our business partners use tracking technologies to help us to understand our customers and visitors to the Services, to enhance your online experience, and customize our offerings in ways that may be deemed a “sale” of personal information under the California Consumer Privacy Act (CCPA). This includes working 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 opt-out as discussed below.
- We do not knowingly sell or otherwise disclose the personal information of minors under the age of 16.
- You have a right to request that we do not sell your personal information to third parties.
If you wish to exercise any of these rights, you may visit our online form at https://defy.com/ccpa-dsar, call us toll free at 888-491-5001 or email us at [email protected]. Please note that your request is in relation to your California Privacy Rights. If you wish to opt out of targeted advertisements that may be considered a “sale” under the CCPA, you can visit www.aboutads.info/choices.
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 [email protected] along with a statement signed by you certifying that the agent is authorized to act on your behalf. In order to verify the request and your identity, we may ask you to verify your identity.
We will not subject you to discriminatory treatment as a result of your choice to exercise your privacy rights.
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].
HOW WE SECURE YOUR PERSONAL INFORMATION
We take reasonable steps to keep your information safe; however, no internet or email transmission can be guaranteed to be secure. We encourage you to take reasonable precautions to safeguard your personal information by, for example, maintaining the confidentiality of your account log-in credentials.
You must be at least 13 years old to use the website and mobile app. If you are a parent and believe 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
NOTE TO INTERNATIONAL USERS
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.
You may contact us with questions or concerns at:
86 N. University Avenue
Provo, UT 84062