Privacy Policy

Last updated June 3, 2022

This privacy policy sets out how A Wanderlust Adventure LLC (the “Company”) uses and protects any information that you give the Company, including through all Company websites and features. It also includes any information the Company collects offline in connection with the Service, including all media. This privacy policy is meant to help you understand what information we collect, why we collect it, and how you can update or delete your information. The Company provides rafting trips and outdoor adventures, including online reservations (collectively, the “Service”). This privacy policy does not describe the collection, use, or disclosure of information through means other than this website or any other third party. For information on a third party’s use, collection, or disclosure practices, please review the privacy policy on the applicable third party’s website. The Company is not responsible for the websites, content, or privacy practices of any third party. The Company may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

OUR COMMITMENT TO INDIVIDUAL PRIVACY

The Company is committed to protecting the privacy and accuracy of your information. We collect Usage Data (as described below) and may collect zip codes and other information in connection with your use of the Company website. We collect personally identifiable information only when you provide it, and we collect the least amount of personally identifiable information required to provide you with requested media and services. The types of personally identifiable information collected will depend on the nature of the submission or the features of the website used, but could include your name, address, phone number, and/or email address. The Company does not request and we ask that you not send us any sensitive information (e.g., government-issued identification numbers, racial or ethnic information, political opinions, religious affiliations, health, biometrics or genetic characteristics).

CHILDREN’S ONLINE PRIVACY PROTECTION ACT

We do not knowingly collect Personal Data from children under the age of thirteen. If you are under the age of thirteen, please do not submit any personal information or data through this website. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal information or data through the website without their permission. If you have any reason to believe that a child under the age of thirteen has provided personal information or data to the Company through the website, please contact us and we will endeavor to delete that information from our databases.

WHAT WE COLLECT

We collect a variety of information that you provide directly to us. In general, we collect information from you through:

· Using our website, including registering for a trip through our website

· Using our Services, including risk waivers, and photographs, video, and other media collected during a trip

· Signing up for e-mail updates

· Uploading or posting to public forums associated with the Company or through social media sites

· Submitting requests or questions to us via forms or e-mail

· Requesting customer support and technical assistance

We may collect the following information:

· Name, address, telephone number, mailing, and e-mail address

· Emergency contact name and telephone number

· Information about your customer service and interactions with us

· Information you provide to us in connection with any orders and transactions you carry out through the Company website and services

· Your likeness through photographs, video, or other media taken during trips or onsite

· User-generated content you upload or post through our website or services, including any community forums, or through social media sites

· Any other information you choose to directly provide to us in connection with your use of our website, content, or Services

You do not have a statutory obligation to provide us with any information, but you may have a contractual obligation to do so, and if we do not receive certain information from you, then we will not be able to provide our Services to you. If you have any questions regarding whether provision of information is mandatory and the consequences for withholding such information, please contact us using the contact information below. The Company uses Arctic Reservations LLC as its third party vendor for customer and reservations management. All information you provide in connection with your reservation is also subject to Arctic Reservations LLC’s privacy policy, available at https://www.arcticreservations.com/legal/privacy.php. The Company is not responsible for the websites, content, or privacy practices of any third party.

You must provide valid financial and payment information if you wish to use the Services and the website. The Company uses third party payment processors to process payments made to us. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as credit card numbers. Except for the name associated with your financial information about the transaction (e.g., time of transaction, amount), payment and financial institution information is collected directly by a third-party payment vendor and is not received or stored by us. The Company uses Visa International Service Association, through its website authorize.net, as our third-party partners for the processing of payments. All information you provide in connection with the same is subject to Visa International Service Association’s terms of service and privacy policy, available at: https://usa.visa.com/legal/privacy-policy.html. The Company is not responsible for the websites, content, or privacy practices of any third party.

INFORMATION WE COLLECT THROUGH AUTOMATED MEANS

Cookies, Web Beacons

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. Web beacons are electronic images embedded into a web page, which may be placed by us or a third party tracking utility partner) can tell us what advertising you have seen on the website, and allows us to offer you a more diverse selection of advertising information and may also be used together with cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. A cookie or web beacon in no way gives us access to your computer or any information about you, other than the data you choose to share with us. Web beacons may also be included in emails sent by the website to determine when and if such emails are opened or forwarded. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Analytics Information

When you use our services, we and our service providers (which are third-party companies that work on our behalf) may use cookies, and similar technologies to track, collect and aggregate certain information including, among other things, which pages of our websites were visited, the order in which they were visited, when they were visited, the URLs from which you linked to our websites, and which hyperlinks were “clicked.” Collecting such information may involve logging the IP address, operating system and browser software used by each user of the website. Through such information, we may be able to determine from an IP address a user’s Internet Service Provider and the general geographic location (city/state) of his or her point of connectivity. We also use or may use these technologies to help us determine and identify repeat visitors, the type of content and sites to which a user of our websites links, the length of time each user spends at any particular area of our websites, and the specific functionalities that users choose to use. We use third-party web analytics services (such as those of Google Analytics) on our website to collect and analyze usage information through cookies and similar tools; engage in auditing, researching, or reporting; assist with fraud prevention; and provide certain features to you. We also provide a limited amount of your information (such as your e-mail address and order history) to our marketing agency partners so that they can analyze website usage on our behalf, which allows us to improve our services. For more information about our use of cookies and similar technologies, including how you can install the Google Analytics Opt-out Browser Add-on to prevent Google from using your information for analytics, or otherwise control or disable cookies, please see https://tools.google.com/dlpage/gaoptout.

WHAT WE DO WITH THE INFORMATION WE GATHER

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

· Send you information in connection with the trip, information, and services offered

· Provide the services you have requested, pursuant to our terms, conditions, and risk forms

· Respond to your communications and requests

· Contact you by e-mail, postal mail, or phone regarding the Company Services, surveys, promotions, and other subjects that we think may be of interest to you

· To confirm or fulfill a request that you make (e.g. in order to fulfill a reservation, we will share your contact information with our third party providers)

· Customize the content we provide through our media, information, and services

· Help us better understand your interests and needs, and improve our media, content, information, and services

· Comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others

· Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others

· Internal record keeping

The website may share personally identifiable information that you provide with third parties in the following cases:

· The website maintains relationships with third party providers for the services offered through the website. We share your information with authorized service providers involved in operating the Service. Our authorized service providers also include payment providers, email service providers, reservations and customer management, and analytics companies.

· If you request information or services through the website, you agree that the website may share personally identifiable information and usage data as may be necessary to provide such information to, or perform such services for, you. In some cases, the information that you provide through the website may be collected directly by a third party or its affiliates. The subsequent use or disclosure of any information collected by or provided to third parties is subject to their privacy policies and practices.

· If you make any personally identifiable information publicly available on the website or other Company media (e.g., by posting a comment on a video which contains personally identifiable information), anyone may see and use such information and we are not responsible for such use. The Company reserves the right to share any personally identifiable information you post on the website with third parties with your prior consent. To the extent the website does so, the subsequent use and disclosure of such information is subject to the privacy policies and practices of those third parties.

· Internal record keeping

TARGETED ADVERTISING

We may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. You can limit the use of your information for purposes of targeted advertising using a number of methods: · Via the Digital Advertising Alliance’s tool available at optout.aboutads.info, which lets you opt-out of interest-based ads on websites.

· Via AppChoices mobile app, available at https://www.youradchoices.com/appchoices, which lets you opt-out of interest-based ads in mobile apps.

· Using platform specificopt-out features: o Google: https://adssettings.google.com/ o Facebook: https://www.facebook.com/about/ads

· By configuring your browser settings and/or mobile settings to restrict third-party cookies and/or the use of the advertising ID associated with your mobile device for interest-based advertising purposes.

The options described above must be set on each of your devices in order to apply. Not all companies that serve interest-based ads participate in the ad industry opt-out programs described above, so even after opting-out, you may still receive some cookies and interest-based ads from other companies.

AGGREGATE / ANONYMOUS DATA

We may aggregate and/or anonymize any information collected through the website so that such information can no longer be linked to you or your device (“Aggregate/Anonymous Information”). We may use Aggregate/Anonymous Information for any purpose, including without limitation for research and marketing purposes, statistical analyses of website(s) usage, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

SOCIAL MEDIA LINKS AND FEATURES

Our websites may contain links to third-party social media sites, and also contain third-party integrations (such as YouTube, Instagram, LinkedIn, or the Facebook “Like” button) and functionalities. If you choose to use these sites or features, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. The Company is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and we urge you to read the privacy and security policies of those third-parties.

DATA SUBJECT RIGHTS AND YOUR CHOICES

You may have certain rights with respect to your information as further described in this section. If you are a resident of California or Nevada, you may have additional rights with respect to your information. In addition, your local laws may permit you to request that we:

· Provide access to and/or a copy of certain information we hold about you

· Prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)

· Update information which is out of date or incorrect

· Delete certain information which we are holding about you

· Restrict the way that we process and disclose certain of your information

· Transfer your information to a third-party provider of services

· Revoke your consent for the processing of your information

Users from the European Economic Area (EEA) have the right to: opt out of cookies (see our Cookie Policy); access, correct, delete, restrict or object to our use of your personal information. If you would like to exercise any of these rights, please submit your request by using our form. We process personal information to fulfill contracts with you and to provide services you have requested (for example, to fulfill a purchase), or otherwise to pursue our legitimate business interests. Note that your information will be transferred outside of Europe, including to the United States. We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests, to comply with a legal obligation, or if necessary for the performance of a contract involving you or us. To the extent that you make such a request, we require certain information to help verify your request and prevent fraudulent information and removal requests. Specifically, we ask that you provide the following pieces of information:

1. Name, username, and e-mail address associated with your reservation

2. Approximate date of registration

3. Information you want to view and/or request removed

4. A statement under penalty of perjury that all information in your request is truthful and that this is your information, or that you have the authorization to make the request on behalf of the owner of the information

Depending on the circumstances and the information you request, we may require additional methods of verification in our discretion.

MARKETING COMMUNICATIONS

You may instruct us not to use your contact information to contact you by e-mail, postal mail, or phone regarding services, promotions and special content that might appeal to your interests by contacting us using the information below. In commercial e-mail messages, you can also opt out by following the instructions located at the bottom of such e-mails. Please note that, regardless of your request, we may still use and share certain information as permitted by this privacy policy or as required by applicable law. For example, you may not opt out of certain operational e-mails, such as those reflecting our relationship or transactions with you.

JURISDICTION AND CROSS-BORDER TRANSFER

Your personally identifiable information may be stored and processed in any country, including the United States, where we have facilities in which we engage third-party service providers, and by requesting the Company content and services you consent to the transfer of information to countries outside of your country of residence which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personally identifiable information.

HOW WE PROTECT YOUR INFORMATION

We consider the confidentiality and security of your information to be of the utmost importance. The Company takes a variety of technical, administrative, and physical measures to protect your

information from disclosure to or access by third parties. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Please note that we do not guarantee the security of information, as no method of internet transmission or storage is completely secure. Also note that we may retain and store your information in our databases and systems even after the Services have been provided as long as we have a legitimate purpose to do so and in accordance with applicable law. We intend to take reasonable and appropriate steps to protect the information that you share with us or third-party service providers from unauthorized access or disclosure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us by e-mail at [email protected].

CONTROLLING YOUR PERSONAL INFORMATION

You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or e-mailing us at [email protected].

We also send our users site, content, and service announcement updates. Users are not able to un-subscribe from service announcements, which contain important information about service notices and responsibilities you have signed up for. The Company occasionally communicates with its users via email and phone to provide information about requested services and regarding issues related to their reservation. It is important to note that this communication is not used for marketing or promotional purposes. Requesting the deletion of certain types of user information may prevent users from accessing some website features. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting. You will have the choice to opt out from receiving this promotional information.

CHANGING, UPDATING, OR DELETING PERSONAL INFORMATION

If you believe that any information we are holding on you is incorrect or incomplete, please write to or e-mail as soon as possible. We will promptly correct any information found to be incorrect. If you would like to request to review, correct, update, suppress, restrict, or delete personally identifiable information that you have previously provided to us, or if you would like to request to receive an electronic copy of your personally identifiable information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us by e-mail at [email protected]. We will respond to your request consistent with applicable law.

In your request, please make clear what personally identifiable information you would like to have changed, whether you would like to have your personally identifiable information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your

personally identifiable information. For your protection, we will only implement requests with respect to the personally identifiable information associated with the particular e-mail address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.

CHANGES TO OUR PRIVACY POLICY

Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting on our websites. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” included at the beginning of the document. If we make a material change to the Policy, you will be provided with appropriate notice in accordance with legal requirements. By continuing to use our services, you are confirming that you have read and understood the latest version of this Privacy Policy. Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.

THE COMPANY CONTACT INFORMATION

If you have any questions, comments or complaints about this Privacy Policy, please contact us:

E-mail: [email protected].

A Wanderlust Adventure LLC

6021 Poplar Ct.

Bellvue, CO 80512