Privacy Policy

WhirlyBall  uses itsbest efforts to respect the privacy and safety of its online visitors and has developed this Privacy Policy in order to demonstrate our commitment to privacy. This policy applies to this website (located at the URL www.WhirlyBall.com)and any other web pages or content linked with this website (the"Site"). The Site is not designed or intended for use by children under the age of 13. If you are under the age of 18, you should use the Site only with involvement and knowledge of a parent or guardian. Children under 13may not submit any Personally Identifiable Information (as defined below) tous, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take all appropriate action to delete it.  Personally Identifiable Information is information that can be used to identify or contact you. This Site will not collect Personally Identifiable Information unless you are over the age of 13and voluntarily submit or email such information. In certain instances, thisSite may request and collect certain Personally Identifiable Information such as name, address, phone number and e-mail address through various means, such as Site registration, membership log in, surveys, games, questions, comment sand communications to the Site, and postings to chat and bulletin areas, if any. For online orders, this Site will request contact information (including name and shipping address) and financial information (such as credit card number). This information is used for billing information and to fill our customers’ orders.This Site will not obtain Personally Identifiable Information about you other than that which you choose to provide, and, except as provided herein, WHIRLYBALL will not sell, rent, trade or otherwise disclose your Personally Identifiable Information to anyone outside WHIRLYBALL. We may, however, collect anonymous, non-personal, non-specific information about you and your use of our Site or your use of emails, special promotions or newsletters that we send to you through the use of cookies. A cookie is a message that is sent to your computer from a web server and stored on your computer’s hard drive. Every computer is assigned a different cookie by us. You may, however, disallow receiving cookies at any time through your web browser. Your browser software can be set to reject all cookies. Most browsers offer instructions on how to reset the browser to reject cookies in the "Help" section of the toolbar. If you reject our cookie, certain of the functions and conveniences of our Site may not work properly but you do not have to accept our cookie in order to productively use our Site. We may also collect your IP (Internet Protocol)address to help diagnose problems with our server and to otherwise administer our Site. An IP address is a number that is assigned to your computer when you use the Internet. This information does not contain any Personally IdentifiableInformation about you. Your IP address is also used to help identify you during a particular session and to gather broad demographic data. An IP address is a number that is assigned to your computer automatically when you use theInternet. WHIRLYBALL logs your IP address when you use the Site or otherService and uses your IP address to track your use of the Site or otherService.  Pixels, also called clear GIFs, are invisible files on Web pages that you visit. When you visit a page on theSite that contains a pixel, the pixel communicates with your computer to determine, among other things, whether you have been to that page before or viewed a particular advertisement. WHIRLYBALL uses pixels to serve advertising, enhance email advertising, and track usage of the Site or other Service. WHIRLYBALL uses your Personally Identifiable Information to notify you of changes to theSite or other Service, to let you know about movies or other entertainment opportunities, and other products or services you may be interested in, and torequest your participation in surveys or other promotions. You can choose not to receive certain communications from WHIRLYBALL as described in the section below entitled (“Choice/Opt-out”). WHIRLYBALL also uses your Personally IdentifiableInformation to process and fulfill your purchases, provide you with information that you request, and deliver content to you that is relevant to your interests. When you use the Site to give a gift certificate, WHIRLYBALL will use the e-mail addresses you provide to send your invites the gift certificates, and other communications relating to such transaction, and any further communications as may be authorized by the recipient. WHIRLYBALL also combines your usage information for the Site or other Service with that of other users to determine which features and areas of the Site or other Service are most popular. By collecting and analyzing this data, WHIRLYBALL can improve the Site or other Service. This "Aggregate Information" does not contain any of your Personally Identifiable Information. WHIRLYBALL shares Aggregate Information with potential partners, advertisers, investors and other interested third parties in connection with the marketing of WHIRLYBALL's products and services. However,Aggregate Information does not include any of your Personally IdentifiableInformation. WHIRLYBALL does not sell or rent your Personally IdentifiableInformation to third parties. However, in the event that you expressly opt-in via the Site or other Service to receive particular products or services, or information about products or services, that are offered by third parties, or otherwise authorize us to do so, we will share your Personally IdentifiableInformation with those third parties as appropriate for those limited purposes.WHIRLYBALL may also share with those same third parties certain limited personal information that, without other information, does not specifically identify you. If you are a member of a social network service(such as Facebook, etc.) or you use other Internet sites where you have authorized the gathering of information about your online behavior on WHIRLYBALL, including participation in any behavioral reporting program that they may operate on or off of their own site (i.e., Facebook, Twitter,etc.), WHIRLYBALL may share information regarding your activities on our Site or other Service with those third parties pursuant to your authorization, and they may associate that information with Personally Identifiable Information they already have about you (such as your Facebook Profile) and use it to improve their site or services or for other purposes. WHIRLYBALL does not control the privacy policies of such third parties, and their privacy policies will govern their use of your information once it has been transmitted by WHIRLYBALL.WHIRLYBALL assumes no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. Accordingly, make sure you are aware of and comfortable with theprivacy policies of any third parties that you authorize to gather information from WHIRLYBALL.  WHIRLYBALL may also share cookies and pixels with trusted service providers or other third parties to customize your experience on theSite or other service or to provide you with more relevant information orother wise improve your experience on other web sites, but those third parties will never contact you directly. WHIRLYBALL may transfer the PersonallyIdentifiable Information it collects to successors in interest to WHIRLYBALL, such as a company that acquires WHIRLYBALL. WHIRLYBALL may also disclose your Personally IdentifiableInformation if it determines that an applicable law, regulation or legal process requires it, or if WHIRLYBALL determines that it needs to share such information to protect or enforce WHIRLYBALL’s rights or the rights of another user. In the event that a user’s Personal identifiable information changes, we will attempt to provide a way to correct, update or remove that user’s personal data that was provided to us. You may also correct any errors in your PersonalIdentifiable Information. You will be required to provide proof of your identity in order to obtain a copy of you Personally IdentifiableInformation.  Our users are also given the opportunity to ‘opt out’ of having their information used for purposes not directly related to the Site at the point where we ask for information. Users who no longer wish to receive e-mail from us or promotional materials from our partners may opt-out simply by clicking the unsubscribe link at the bottom ofs uch e-mail message or promotional material. To do so, type UNSUBSCIBE in the subject line. We will thereafter update your record as soon as possible. WHIRLYBALL maintains all appropriate security measures in order to guard against the loss, misuse and alteration of the Personally Identifiable Information under our control. We use commercially reasonable efforts to provide for the sound and secure transmission of your information from your PC to our platform. However, please be advised that the Internet and other various networking communication media are not entirely secure, and your information may therefore be subject to interception or loss which is beyond our control. Accordingly, WHIRLYBALL assumes no responsibility or liability for disclosure of your information(personally identifiable or otherwise) due to errors in transmission, unauthorized third-party access or other causes beyond WHIRLYBALL’s reasonable control. Please also note that WHIRLYBALL does not control the privacy policies of WHIRLYBALL's advertisers or other third parties that have Web sites linked to the Site or other Service or with whom we may share your information in accordance with this Privacy Policy. If you click on an advertisement or link, the privacy policies of the Web site that you link to will govern the use of your information by that Web site's operator. WHIRLYBALL assumes no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. If you voluntarily disclose Personally Identifiable Information in a public area of the Site or other Service, such as a rating/review page, chatroom or message board, that information may be collected and used by a third party to send you unsolicited messages, advertisements or for other purposes. WHIRLYBALL does not control the actions of users in public areas of the Site or otherService. If you disclose Personally Identifiable Information in a public area, you do so at your own risk. By using this Site, you signify your acceptance without modification of our Privacy Policy. If you do not agree to this policy, please do not use ourSite. We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time so visitors are encouraged to review this policy from time to time. You are responsible for regularly reviewing this Privacy Policy and additional terms posted on this Site. Your continued use of our Site following the posting of changes to this PrivacyPolicy constitutes your agreement to such changes.WhirlyBall is a game that is a combination of lacrosse, basketball, and hockey that is played while riding in souped-up bumper cars, which we call WhirlyBugs™. It’s the most fun you can have going 4 miles per hour!
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