Privacy Policy

Effective Date: 9/7/2018
Last Updated:  9/7/2018

Frolyk inc. (“frolyk”) provides this Privacy Policy to let you know our policies and procedures regarding the collection, use and disclosure of information through www.frolyk.com (the “Site”), and any other websites, features, applications, widgets or online services that are owned or controlled by frolyk and that post a link to this Privacy Policy (together with the Site, the “Service”), as well as any information frolyk collects offline in connection with the Service.  Our processing of personal data of data subjects, such as the name, address, e-mail address, or telephone number, shall be undertaken consistent with the requirements of the General Data Protection Regulation (“GDPR”). The purpose of this Privacy Policy is to provide to users and potential users of our website information about the nature, scope, and purpose of the personal data we collect, use and process and to advise data subjects of their rights. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information.  Whether as the data controller or processor, frolyk has implemented numerous technical and organizational measures to ensure the protection of personal data processed through our Services.

By accepting this Privacy Policy, you consent to the information collection, disclosure and use practices described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, you cannot access, browse, or use the Site. Please note that certain features or services referenced in this Privacy Policy may not be offered on the Service at all times. Please also review our Terms of Service, which governs your use of the Service, and which is accessible at www.frolyk.com/policies/.

  1. INFORMATION COLLECTION

Users of the Service may be Guests (anyone utilizing the frolyk platform to book experiences listed by Hosts) or Hosts (any company, individual user, or groups of associated individual users or companies utilizing the frolyk platform to offer experiences to Guests).

Information Provided by You

  • Personal Information: While providing you the Service (whether as a Guest or Host), we may require or otherwise collect information that identifies you as a specific individual and can be used to contact and/or identify you (“Personal Information”). Examples of Personal Information include your name, email address, residential address, company address, billing address, phone number, zip codes, demographic data, information regarding your use of the Service, and general listing-related data
  • Payment Information: If you use the Service to make or receive payments, certain payment information, such as credit card, PayPal or other financial account information, and billing address may be collected. In no case will frolyk store any credit card information.
  • Identity Verification: We may collect Personal Information, such as your date of birth or taxpayer identification number, to validate your identity or as may be required by law, such as to complete tax filings. We may request documents to verify this information, such as a copy of your government-issued identification or photo or a billing statement.
  • Feedback: When you provide feedback to the Site and/or ask us questions about our Services, we may collect Personal Information during our exchange.
  • Technical Assistance: We may collect Personal Information about your use of the Site and/or Services to help improve the technical functions of our Site, as well as auditing, researching, and analyzing issues to help maintain, protect, and improve this Site and our Services.
  • Other Purposes: Finally, we may collect Personal Information for such other purposes as you may authorize at the time you submit the information.

 The Service is general audience and intended for users 18 and older. We do not knowingly collect Personal Information from anyone younger than age 18. If we become aware that a person under 18 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 18 and believe that frolyk has collected Personal Information from your child, please contact us at: office@frolyk.com.

Information Received from Third Parties

We also may receive information about you from third parties to assist in our provision of the Services. For example, we may supplement the information we collect with outside records, or third parties may provide information. If we combine the information we receive from others with information we collect through the Service, we will treat the combined information as described in this Privacy Policy.

HOW WE RESPOND TO DO NOT TRACK SIGNALS

Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, frolyk does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser.

User Profiles You may have the opportunity to create a profile, which consists of information about you, and may include Personal Information, photographs, experience listings, feedback/rating information and other information, including your username (“Profile”). Some information in your Profile may be visible to all frolyk Members. You may edit certain information in your Profile via your account. If, in any case, you believe that an unauthorized profile has been created about you, you can request for it to be removed by contacting us at office@frolyk.com.

Community Forums The Service may provide you the opportunity to participate and post content publicly in forums, on blogs, through interactive features frolyk and through other communication functionality (“Community Forums”). You may choose, through such features or otherwise, to submit or post questions, comments, or other content (collectively, “User Forum Content”). Please note that certain information, such as your name and Profile may be publicly displayed on the Service along with your User Forum Content. Please note that your use of Community Forums is subject to the frolyk Forum Rules and our Terms of Service.

Note that anything you post to a Community Forum is public, and that others will have access to your User Forum Content and we cannot control what such parties may do with this information. If you choose to voluntarily disclose Personal Information in your User Forum Content or use Community Forums to link to your Profile, you consent to that information being made public.

Testimonials We display personal testimonials of satisfied customers on our Service, in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at office@frolyk.com.

Feedback

We collect feedback from frolyk Members about their experience with other frolyk Members of our Service. Please note that any feedback you provide via the Service or feedback provided about you is publicly viewable via the Service. On rare occasions, we may remove feedback pursuant to the relevant provisions of our Terms of Service..

Social Networking Services

You may register to join the Service directly via the Service or by logging into your account with a third party social networking service (“SNS”) via our Service (e.g., Facebook, LinkedIn and other third-party services that let you sign in using your existing credentials with those services). If you choose to register via an SNS, or to later link your account with the Service to your account with an SNS, we will use the Personal Information you have provided to the SNS (such as your name, email address, gender and other information you make publicly available via the SNS) to create your account. Note that the information we collect from and through an SNS may depend on the privacy settings you have set with the SNS and the permissions you grant to us in connection with linking your account with the Service to your account with an SNS. Other than what we may share with the SNS as described below, the Personal Information an SNS has about you is obtained by the SNS independent of our Service, and frolyk is not responsible for it.

The frolyk Service also may permit additional interactions between it and a third-party website, service, or other content provider, such as enabling you to “like” or share content to a third party SNS. If you choose to “like” or share content, or to otherwise share information from or via our Service with a third-party site or service, that information may be publicly displayed, and the third party may have access to information about you and your use of our Service (and we may have access to information about you from that third party). These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Your interactions with third parties through an SNS or similar features are governed by the respective privacy policies of those third parties.

You represent that you are entitled to use your SNS account for the purposes described herein without breach by you of any of the terms and conditions that govern the SNS. . Please note that your relationship with any SNS is governed solely by your agreement(s) with such SNS. If your SNS account terminates, then functions enabled through the link between your frolyk account and your SNS account will terminate as well.

  1. USE AND RETENTION OF INFORMATION

YOU CONSENT TO OUR USE OF THE FOLLOWING INFORMATION THAT WE COLLECT:

  • To provide and improve the Service, complete your transactions, and address your inquiries, process your registration, verify the information you provide is valid, and for compliance and internal business purposes;
  • To contact you with administrative communications and frolyk products and services,
  • To tailor content we display to you and offers we may present to you, both on the Service and elsewhere online;
  • To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity you represent;
  • To our subsidiaries and affiliates for the purposes for which you provided the information or as reasonably necessary for our internal administrative and business purposes;
  • To third parties that provide services on our behalf, such as website hosting, marketing, and website usage analytics, including sharing personal information and non-personal information with these third parties for the purpose of enabling them to provide these services;
  • To enforce and comply with the law, including to conduct an investigation, to protect the property and rights of frolyk or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify frolyk Members; and
  • For the purposes disclosed at the time you provide your information, with your consent, and as further described in this Privacy Policy.

UNLESS YOU REQUEST THAT WE DELETE CERTAIN INFORMATION (SEE CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT BELOW), WE only RETAIN THE INFORMATION WE COLLECT AS LONG AS necessary for the purpose(s) for which it is being processed OR as otherwise required for LEGAL PURPOSES.

Automated Decision Making

 Under GDPR, data subjects shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.

If the decision: (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Frolyk shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.

If a data subject wishes to exercise the rights concerning automated individual decision-making, he or she may at any time directly contact us.

  1. INFORMATION SHARING AND DISCLOSURE

We may share and/or disclose de-identified aggregated information to third parties. We do not share your Personal Information with third parties. You also consent to our use and disclosure of the information we have collected about you, including Personal Information as disclosed at the time you provide your information, to provide our Services, in each instance in accordance with this Privacy Policy in the following circumstances:

  • Information contained in your Host Profile.
  • Service Providers: We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services (e.g., without limitation, maintenance services, database management, web analytics and online advertising, payment processing, fraud detection and improvement of frolyk’s features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information in order to perform these tasks on our behalf.
  • What Happens If You Request That We Share Your Information:  You also may request, sometimes through your use of an SNS or similar interactive feature or third-party application, that we share information about you with a third party and we will typically do so under those circumstances.
  • Legal and Investigative Purposes: frolyk will share information with government agencies as required by law, including without limitation, in connection with reporting earnings. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), at the request of governmental authorities or other third parties conducting an investigation, to protect the property and rights of frolyk or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity.
  • Internal and Business Transfers: frolyk may share information, including Personal Information, with its parent subsidiaries and affiliates for business and operational purposes. We may sell, transfer or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy.
  • Other Purposes: If we wish to use your Personal Information for a new purpose, not covered by this Privacy Policy, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.
  1. THIRD PARTY ANALYTICS PROVIDERS, AD SERVERS AND SIMILAR THIRD PARTIES

frolyk works with (or may in the future work with) network advertisers, ad agencies, analytics service providers and other vendors to provide us with information regarding traffic on the Service, including pages viewed and the actions taken when visiting the Service; to serve our advertisements on other web sites, within mobile apps and elsewhere online; and to provide us with information regarding the use of the Service and the effectiveness of our advertisements.

While we may use a variety of service providers to perform advertising services, some of these companies are members of the Network Advertising Initiative (“NAI”) or the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. You may want to visit the NAI website, which provides information regarding targeted advertising and the “opt-out” procedures of NAI members. You may also want to visit or http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an “opt-out” by participating companies in the DAA Self-Regulatory Program.

  1. CHANGING YOUR INFORMATION OR CLOSING YOUR ACCOUNT

Upon request, frolyk may provide you with information about whether we hold any of your personal information. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. You may request access, correct, or request deletion of your personal information by making updates to that information or by contacting frolyk through your online account. If you request to access all personal information you’ve submitted, we will respond to your request to access within 30 days. If you completely delete all such information, then your account may become deactivated. If your account is deactivated or you ask to close your account, you will no longer be able to use the Service. If you would like us to delete your account in our system, you can do so through the frolyk Service (once you logged in, visit settings/ user settings, and then click on the close my account link). We will use commercially reasonable efforts to honor your request; however, certain information will actively persist on the Service even if you close your account, including information in your Work Diaries and messages you posted to the Service, and other information that we are required to maintain.  In addition, we typically will not remove information you posted publicly through or on the Service.

Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:

  • The right to request a copy of your personal data which the Frolyk holds about you;
  • The right to request that the Frolyk correct any personal data if it is found to be inaccurate or out of date;
  • The right to request your personal data is erased where it is no longer necessary for Frolyk to retain such data;
  • The right to withdraw your consent to the processing at any time of personal data to which you provided consent for processing;
  • The right to request that Frolyk provide the you with your personal data and where possible, to transmit that data directly to another data controller (known as the right to data portability);
  • The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
  • The right to object to the processing of personal data (where applicable); and
  • The right to lodge a complaint with a data supervisory authority.
  1. SECURITY

frolyk takes commercially reasonable steps to help protect and secure the information it collects and stores about frolyk Users. All access to the Site is encrypted using industry-standard transport layer security technology (TLS). When you enter sensitive information (such as tax identification number), we encrypt the transmission of that information using secure socket layer technology (SSL). We also use HTTP strict transport security to add an additional layer of protection for our frolyk Users. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to protect your personal data, frolyk cannot ensure and does not warrant the security of any information you transmit to us.

  1. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION

frolyk is a United States company. If you are located outside the United States and choose to provide information to us, frolyk may transfer Personal Information to the United States for processing. By visiting the Service, or providing frolyk with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States. Frolyk will transfer personal data abroad only when there has been a documented adequacy determination, or where Frolyk has confirmed adequate privacy protections.  If Frolyk transfers personal data abroad to a third party acting as an agent of Frolyk, we will also require the third party to have adequate privacy protections in place. Frolyk may transfer personal data abroad to and on behalf of clients and third party’s with whom Frolyk has an existing service agreement or as part of our legal obligations, each of which shall be subject to Frolyk policies, and only to the extent necessary for purposes of legitimate interests pursued by the data controller (or by a third party).

  1. LINKS TO OTHER SITES

Our Service may contain links to other websites. If you choose to click on a third-party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. We encourage you to read the privacy policies or statements of the other websites you visit.

  1. PUBLIC PROFILE

The user profile you create on our Site will not be visible to the public, but to all registered users of our Site.

  1. PHISHING

Phishing websites imitate legitimate websites in order to obtain personal or financial information. Identity theft and the practice currently known as “phishing” are of great concern to frolyk. If you believe you have received an email or had a similar interaction with a third party pretending to be frolyk, please report it at office@frolyk.com.

  1. CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

Pursuant to California Civil Code Section 1798.83, California residents who provide us with personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, one time per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. Alternatively, the law provides that a company may comply, as frolyk does, by disclosing in its privacy policy that it provides consumers choice (opt-in or opt-out) regarding sharing Personal Information with third parties for those third parties’ direct marketing purposes, and information on how to exercise that choice. As stated above in this Privacy Policy, frolyk provides you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you choose to opt-out at the time frolyk offers that choice, frolyk does not share your information with that identified third party for its direct marketing purposes.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request to office@frolyk.com or write to us at the following mailing address: frolyk inc., PO Box 16368, Chapel Hill, NC 27516

You must put the statement “Your California Privacy Rights” in the subject field of your email or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you at your mailing address or, at our option, your email address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

  1. CHANGES TO THIS POLICY

frolyk may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are material changes to the way we treat your Personal Information, we will display a notice through the Services prior to the change becoming effective. We may also notify you by email, in our discretion. However, we will use your Personal Information in a manner consistent with the Privacy Policy in effect at the time you submitted the information, unless you consent to the new or revised policy and/or purpose.

  1. CONTACTING US

If you have any questions about this Privacy Policy, please contact us at office@frolyk.com or by mail addressed to frolyk inc., PO Box 16368, Chapel Hill, NC 27516.

The Data Controller for the purposes of GDPR or other data protection laws applicable in Member states of the European Union and other provisions related to data protection is:

frolyk inc.

Att: Chief Operating Officer
PO Box 16368
Chapel Hill, NC 27516
USA

Any data subject may, at any time, contact us directly with any questions and suggestions concerning data protection.