Privacy Policy

Privacy Policy (this “Privacy Policy”)

Updated as of September 18, 2019

ATP Franchising, LLC (“ATP,” “we” or “our”) (i) owns the Altitude Trampoline Park® franchise system (the “Franchise System”) that operates under the trademark Altitude Trampoline Park® and other similar trademarks and service marks related to the Franchise System (the “Marks”), (ii)  licenses independently owned and operated Altitude Trampoline Park® parks ( individually the “Park” and collectively the “Parks”) the right to use the Franchise System and Marks.

The purpose of this Privacy Policy is to explain our practices in connection with our www.altitudetrampolinepark.com (https://altitudetrampolinepark.com/) website (including any mobile optimized versions of our site) (the “Website”), any software applications made available by us for use on or through computer and mobile devices (the “App(s)”), and any social media pages that we may control (collectively, the “Digital Services”). By using the Digital Services, you are agreeing to this Privacy Policy and all of the terms and conditions contained herein. If you do not agree with this Privacy Policy, please do not use the Digital Services or provide us with any of your Personal Information (defined below).  Please also visit our Terms of Use, which provides the use, disclaimers, and limitations of liability with respect to the Digital Services.

Types of Information We Collect

Our Website may collect, use, store and transfer different kinds of information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you as a particular consumer or device (“Personal Information”), which we have grouped into the following categories:

• Identity Data includes your real first and last name, alias, title, date of birth, gender, unique personal identifier, online identifier, Social Security number, driver’s license or state identification card number, passport number, signature, physical characteristics or description, or other similar identifier, insurance policy number, education, medical information, or health insurance information.
• Contact Data includes billing address, delivery address, email address, and telephone numbers.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us, obtained, or considered, or other purchasing or consuming histories or tendencies, bank account number, credit card number, debit card number, or any other financial information.
• Technical Data includes internet protocol (IP) addresses, your browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, sensory data (e.g., audio, electronic, visual, thermal, olfactory or similar information), or other technology on the devices you use to access the Digital Services.
• Profile Data includes your username, password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
• Usage Data includes information about how you use the Digital Services, products, and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
• Employment Data includes the details of your past and current employment history, performance evaluations, and/or education records.

The Personal Information collected through the Digital Services is used to facilitate the transactions or information you may request on the Digital Services, and otherwise as described in this Privacy Policy. For example, we may collect Personal Information on the Digital Services if you search for the location of a Park, request other information from us, subscribe to any of our online newsletters or email lists, enter a promotion on the Digital Services, request to be notified of special offers, or if you provide information through the Digital Services for any other reasons. We may collect significantly more detailed information from you, including financial information if you apply to become a franchisee.

We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your Personal Information but is not considered Personal Information in law as this data will not directly or indirectly reveal your identity.  However, if we combine or connect Aggregated Data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this Privacy Policy.

We do not collect any Special Categories of Personal Information about you (this includes details about your race or ethnicity, citizenship, medical condition, physical or mental disability, marital status, religious or philosophical beliefs, veteran or military status, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses, except we may do so if you are applying for a franchise with us or our affiliates.

How is Personal Information Collected by ATP?

Submitted by You: Examples of how your Personal Information may be collected include when you:

• Apply for a franchise
• Complete a waiver form
• Contact us with a question, comment, or request
• Initiate a search on the Website or use any of the Digital Services
• Make a product, vendor, or real estate inquiry
• Make a purchase or reservation
• Complete a transaction on our Website or using the Digital Services
• Respond to any promotional and/or other marketing offers, including any coupons initiated by us or third party marketing automation providers.

Cookies: The Website and the other Digital Services may use “Cookies”. Cookies are small pieces of information that the Digital Services send to your computer and that are stored on your computer’s hard drive. Cookies save your preferences and record browser activity. Cookies may be used to enhance your experience using the Digital Services. For example, a cookie may save login information so that you don’t need to log in every time that you use the Digital Services. Cookies may also be used for marketing purposes to determine how the Digital Services are used.  We may also participate in third-party ad networks and allow third parties to use cookies and other tracking technologies on the Digital Services to collect usage information and display targeted ads; these third parties may be able to associate the information they collect with other information they have about you from other websites and sources.

IP Addresses and Click-stream Data: We may collect IP addresses, click-stream data, length of session, browser settings, and other information related to your use of the Digital Services for purposes of system administration, to improve the Digital Services, to report aggregate information to potential business partners or sponsors, and for other internal uses related to the Digital Services. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. When you request pages from the Website, our computers log your IP address. Click-stream data is information collected when you visit different pages on the Digital Services. Click-stream data may include information such as the page served, the time, the source of the request, the type of browser, the preceding page view, and other non-personal information. This data helps us analyze how visitors arrive at the Digital Services, what type of content is most popular, and other information about usage of the Digital Services.

Analytics Tools: We may use Google Analytics or similar tools or services to collect Click-stream data. We use this analytics data to improve the Digital Services and tailor them to the needs of our users. Analytics providers may collect technical and identity data. Google’s use of information collected by Google Analytics is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. In some cases, we may combine Personal Information with anonymous data in order to create aggregate information about groups of individuals who use the Digital Services. You can prevent certain analytics providers from recognizing you on return visits to the Websites by disabling cookies on your browser. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly

Mobile Devices: When you visit the Website or use any of the Digital Services on a mobile device, we may collect information related to your unique mobile device ID, as well as location information. Should you download any Apps, we, as well as our service provider, may monitor, track, and collect usage data. For example, we may collect data specific to the days and times which you access the App(s) from your specific device.

Do Not Track: Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit.  Note, however, there is no industry consensus as to what site operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms.  For more information on “Do Not Track,” visit http://www.allaboutdnt.com.

Other Sources: We may also receive your Personal Information from other sources, such as social media platforms, people that you are in some way connected with on social media platforms, public databases, analytics providers, advertising networks, search information providers, data brokers or aggregators, and the like.

Location Tracking: Additionally, when you visit our Website, or use any Digital Services, we may collect information about your location using technologies like GPS, wi-fi, Bluetooth or cellular tower proximity. This type of information may be used to locate your proximity to nearby Parks, or to identify offers and other location specific items that may be of interest to you.

How is the Personal Information that We Collect Used?

We have set out below, in a table format, a description of all the ways we plan to use your Personal Information, and which of the legal bases we rely on to do so.  We have also identified our legitimate interests where appropriate.

Note that we may process your Personal Information for more than one lawful reason depending on the specific purpose for which we are using your Personal Information. Please contact us if you would like additional information about the specific legal basis on which we are relying to process your Personal Information where more than one reason has been set out in the table below.

Purpose/Activity	Type of Data	Lawful Basis for Processing and Basis of Legitimate Interest
To register you as a new franchisee	(a)   Identity (b)   Contact	Evaluation of your candidacy for a franchise
To register you as a new customer	(a)   Identity (b)   Contact	Necessary for our legitimate interests (to operate our business, offer our products, and perform our services)
To process, fulfill and deliver purchases or requests for services, including: (a)   Manage payments, fees and charges; and (b)   Collect and recover money owed to us	(a)   Identity (b)   Contact (c)   Financial (d)   Transaction (e)   Marketing and Communications	Necessary for our legitimate interests (to recover debts due to us, operate our business, offer our products, and perform our services)
To manage our relationship with you, which includes: (a)   Notifying you about changes to our terms or privacy policy (b)   Asking you to leave a review or take a survey	(a)   Identity (b)   Contact (c)   Profile (d)   Marketing and Communications	(a) Necessary to comply with a legal obligation (b) Necessary for our legitimate interests (to keep our records updated and to conduct product/service research)
To administer and protect our business and the Digital Services (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data)	(a)   Identity (b)   Contact (c)   Technical	(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud, and in the context of a business reorganization or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and to measure its success	(a)   Identity (b)   Contact (c)   Profile (d)   Usage (e)   Marketing and Communications (f)    Technical	Necessary for our legitimate interests (to conduct market research and improve our products/services)
To use data analytics to improve our website, products/services, marketing, customer relationships, and experiences	(a)   Technical (b)   Usage	Necessary for our legitimate interests (to define conduct market research, to update our website, and to calibrate marketing strategy)
To provide suggestions and recommendations to you that you may find interesting	(a)   Identity (b)   Contact (c)   Technical (d)   Usage (e)   Profile (f)    Marketing and Communications	Necessary for our legitimate interests (to develop our products/services and grow our business)

 

Promotional Offers from Us – we may use your Identity, Contact, Technical, Usage, Profile and Marketing, and Communications Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you.

Change of Purpose – we will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.  If you would like us to explain how the processing for the new purpose is compatible with the original purpose, please contact us at privacy@altitudetrampolinepark.com.

If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How is the Personal Information We Collect Disclosed?

Your Personal Information may be disclosed as follows:

• Franchisees: We may share your Personal Information with our franchisees, who individually own and operate Parks.
• Affiliates: We may disclose your Personal Information to our affiliates, who may use your Personal Information as described in this Privacy Policy, including for their direct marketing purposes. (California residents have certain rights set forth below.)
• Vendors and Service Providers: We may share your Personal Information with vendors and service providers with whom we, our affiliates, or our franchisees have a business relationship. For example, we may share your Personal Information with travel service companies, financial service companies, insurance companies, payment and credit card processing companies, accountants and legal advisors, and email delivery services such as advertising agencies and email or marketing automation providers and other vendors. (California residents have certain rights set forth below.)
• Merger or Acquisition: We may share your Personal Information with a third party who acquires any ownership interest in ATP or any of its affiliates, whether such acquisition is by way of merger, consolidation, or purchase of all or a substantial portion of our assets.
• Disclosure Permitted by Law: We may share your Personal Information to government or public agencies, law enforcement authorities, regulators, and/or any other person or entity having legal authority or justification for receipt of your Personal Information if: (i) we believe that we are required to do so by law; (ii) we believe that we are permitted to do so by law or legal process; (iii) to respond to a claim; or (iv) to protect the rights, property, or safety of ATP, its affiliates, or others.

Without limiting the above, we may share Aggregated Data with third parties, franchisees, or affiliates for any purpose, except as prohibited by law.

How Do We Protect Your Personal Information?

ATP takes reasonable steps to help protect your Personal Information. However, data transmitted over the Internet is not completely secure and we cannot guarantee the security of any information that is provided to us.  

How Long Will We Use Your Personal Information For?

We will only retain your Personal Information for as long as reasonably necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your Personal Information.  Please contact privacy@altitudetrampolinepark.com if you would like to:

• Request access to your Personal Information – you will receive a copy of the Personal Information we hold about you, which will allow you to check that we are lawfully processing it. Upon your request, we will provide you the following about our collection and use of your Personal Information over the previous twelve (12) months:
  • 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 your Personal Information;
  • The categories of third parties with whom we share your Personal Information;
  • The specific pieces of Personal Information we collected about you; and
  • If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing: (i) sales, identifying the Personal Information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
• Request correction of your Personal Information – this enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your Personal Information – this enables you to ask us to delete or remove Personal Information where there is no good reason for us to continue processing it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing (see below), where we may have processed your Personal Information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. For example, we may not be able to fulfill your request if retaining the information is necessary for us or our service provider(s) to:
  • Complete the transaction for which we collected your 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;
  • 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;
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it; and
  • For California residents, comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
• Object to the processing of your Personal Information – if we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground, you may object as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your Personal Information which override your rights and freedoms.
• Request restriction of processing your Personal Information – this enables you to ask us to suspend the processing of your Personal Information in the following scenarios: (i) if you want us to establish the data’s accuracy; (ii) where our use of the data is unlawful but you do not want us to erase it; (iii) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend a legal claim; or (iv) if you have object to our use of your Personal Information but we need to verify whether we have an overriding legitimate basis to use it.
• Request transfer of your Personal Information – you may request to have your Personal Information transferred to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw your consent – when we are relying on consent to process your Personal Information, you may withdraw or revoke your consent.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). This is a security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

We do not charge a fee to process or respond to your 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.

California Residents

If you are a resident of California, you may have certain additional data protection rights regarding the access, rectification, deletion, processing, storage, portability, transfer, and restriction of your Personal Information under the California Consumer Privacy Act of 2018 (the “CCPA”).

In the past twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose: none.

If you would like to make any of the requests detailed above, only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your Personal Information. You may also make a request on behalf of your minor child.

You may only make a request for access twice within a 12-month period. The request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Any disclosures we provide will only cover the 12-month period preceding the request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your Personal Information at any time (the “right to opt-out”).  We do not sell the Personal Information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to Personal Information sales may opt-out of future sales at any time.  To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by sending an email to privacy@altitudetrampolinepark.com.  Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize Personal Information sales.  However, you may change your mind and opt back in to Personal Information sales at any time by sending an email to privacy@altitudetrampolinepark.com You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.

In the past twelve (12) months, we have not sold Personal Information to any third parties.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.  Unless permitted by the CCPA, we will not: (i) deny you goods or services; (ii) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (iii) provide you a different level or quality of goods or services; or (iv) 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.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Digital Services 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 privacy@altitudetrampolinepark.com.

Residents of the European Economic Area

While the Digital Services are directed to consumers in the United States (see our Terms of Use), if you are a resident of the European Economic Area (“EEA”), you may have certain additional data protection rights regarding the access, rectification, deletion, processing, storage, portability, transfer, and restriction of your Personal Information.

We will get your express opt-in consent before we share your Personal Information with any third party for marketing purposes.  You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing messages sent to you or by contacting us at any time.  Where you opt out of receiving these marketing messages, this will not apply to the Personal Information provided to us as a result of your employment application, product/service purchases, product/service experience, or other transactions.

In addition, we may share your Personal Information with other U.S. entities, which will involve transferring your Personal Information inside and outside of the EEA.  Whenever we transfer your Personal Information out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your Personal Information to countries that have been deemed to provide an adequate level of protection for Personal Information by the European Commission. For further details, see: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give Personal Information the same protection it has in Europe. For further details, see: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en
• Where we use providers based in the US, we or our affiliates may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Information shared between Europe and the US. For further details, see https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/eu-us-data-transfers_en

If you would like to access any of your data protection rights, please contact us as directed below.  If you are concerned with how we process your Personal Information, you may lodge a complaint with your local data protection authority.  Please find additional information and contact details for your respective local data protection authority at the following: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

Other Information

• Children’s Online Privacy: The Digital Services are intended for general audiences and are not directed to children under thirteen (13) years of age. ATP does not knowingly collect personal information as defined by the U.S. Children’s Online Privacy Protection ACT (“COPPA”) from children in a manner that is not permitted by COPPA. If we become aware that a child under 13 has provided us with personal information as defined by COPPA, we will delete the child’s information from our records to the extent required by COPPA. We will not be liable for any collection of children personal information or failure to comply with COPPA by a third party or our franchisees.
  • Children can access many parts of the Digital Services and its content and use many of its features without providing us with personal information. We use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use the Digital Services.
  • We only collect as much information about a child as is reasonably necessary for the child to participate in an activity, and we do not condition his or her participation on the disclosure of more personal information than is reasonably necessary.
• Changes to this Privacy Policy: We may revise this Privacy Policy from time to time, and/or use your Personal Information for new, unanticipated uses not specified in this Privacy Policy. Should we update this Privacy Policy, updated versions of this Privacy Policy will be posted on the Website. You should review this Privacy Policy periodically, so that you can be up to date on our most recent privacy policy and procedures.
• Third-Party Links: The Website may include links to third-party websites, plug-ins and applications.  Clicking on those links or enabling those connection may allow third parties to collect or share data about you.  We do not control these third-party websites and are not responsible for their privacy statements.  When you leave the Website, we encourage you to read the privacy policy of every website you visit.
• This Privacy Policy is governed by the internal substantive laws of Texas, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Privacy Policy shall lie exclusively with the state and federal courts within Texas. If any provision of this Privacy Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Privacy Policy, which shall remain in full force and effect.
• UNDER NO CIRCUMSTANCES SHALL ATP HAVE ANY LIABILITY WHATSOEVER FOR ANY ERRORS OR OMISSIONS IN INFORMATION PROVIDED THROUGH THE DIGITAL SERVICES, OR FOR ANY DAMAGES, LOSSES, OR EXPENSES THAT MAY OCCUR WHILE ACCESSING THE WEBSITE, OR ANY LINKED SITE, OR THE INABILITY TO ACCESS THESE SITES; OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES ARISING OUT OF THE BREACH OF THIS PRIVACY POLICY, HOWEVER OCCASIONED.
• Contact Information: If, after reviewing this Privacy Policy, you have questions or concerns regarding the Privacy Policy or your Personal Information, please send an email to privacy@altitudetrampolinepark.com.