The Whaling Bar San Diego Reviews
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The Whaling Bar San Diego Reviews
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Privacy Policy
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
Account means a unique account created for You to access our Service or parts of our Service.
Business, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
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Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to AppointmentTrader, LLC, a Delaware limited liability company, with its principal office at 16192 Coastal Highway, Lewes, DE 19958.
For the purpose of the GDPR, the Company is the Data Controller.
Consumer, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Delaware, United States
Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
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Personal Data is any information that relates to an identified or identifiable individual.
For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
Sale, for the purpose of the CCPA, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information to another business or a third party for monetary or other valuable consideration.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Appointment Trader — Buy and Sell Appointments & Reservations, accessible from https://appointmenttrader.com
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You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Under GDPR, You can be referred to as the Data Subject or as the User as you are the individual using the Service.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
- Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read Adobe's Flash Cookie help page.
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics.
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies here: All About Cookies by TermsFeed.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: to monitor and analyze the use of our Service, for payment processing, to contact You.
- For business transfers: in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With Affiliates: in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
- With business partners: to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Analytics
We may use third-party Service providers to monitor and analyze the use of our Service, including:
- Google Analytics — https://policies.google.com/privacy
- Mouseflow — https://mouseflow.com/privacy/
Email Marketing
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You, including Mailchimp (privacy policy).
Payments
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing.
We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council.
- Stripe — https://stripe.com/us/privacy
- Square — https://squareup.com/legal/privacy-no-account
GDPR Privacy
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
- Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
- Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
- Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
- Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights. You have the right under this Privacy Policy, and by law if You are within the EU, to:
- Request access to Your Personal Data. The right to access, update or delete the information We have on You.
- Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.
- Object to processing of Your Personal Data. Where We are relying on a legitimate interest as the legal basis.
- Request erasure of Your Personal Data. When there is no good reason for Us to continue processing it.
- Request the transfer of Your Personal Data. In a structured, commonly used, machine-readable format.
- Withdraw Your consent. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
CCPA Privacy
This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.
Your Rights under the CCPA
- The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
- The right to request. You have the right to request that We disclose information to You about Our collection, use, sale, disclosure for business purposes and share of personal information.
- The right to say no to the sale of Personal Data (opt-out). You have the right to direct Us to not sell Your personal information.
- The right to delete Personal Data. Subject to certain exceptions.
- The right not to be discriminated against for exercising any of Your consumer's rights.
"Do Not Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Children's Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us by email: info@appointmenttrader.com
Terms & Conditions
1. Introduction
Welcome to AppointmentTrader ("AppointmentTrader", "we", "our" or "us"), operated by AppointmentTrader, LLC, a Delaware limited liability company, with its principal office at 16192 Coastal Highway, Lewes, DE 19958. AppointmentTrader provides an online platform where users can post, share, buy, and sell time-based appointments, bookings, or similar opportunities ("Postings").
By using AppointmentTrader, you ("User", "you", or "your") agree to comply with these Terms and Conditions ("Terms"). If you do not agree, do not use the platform.
2. Platform Purpose and Neutrality
AppointmentTrader is a neutral online marketplace. We do not offer, arrange, promote, endorse, broker, or guarantee any posting on the platform.
- All Postings are submitted and managed by users.
- AppointmentTrader does not verify, control, or arrange these Postings.
- We simply provide the technology and tools that allow users to interact, transact, and manage Postings with one another.
3. Eligibility
You must be at least 18 years old to use AppointmentTrader. By using the platform, you represent and warrant that you meet this requirement.
4. User Accounts
- You agree to provide accurate, current information when creating your account.
- You are responsible for maintaining the confidentiality of your login credentials.
- You are responsible for all activity that occurs under your account.
We reserve the right to suspend or terminate accounts at our discretion, including for violations of these Terms.
5. User-Generated Content and Postings
a. User Responsibility
All content, Postings, and information posted on AppointmentTrader ("User Content") is the sole responsibility of the user who submits it.
By posting User Content, you grant AppointmentTrader a non-exclusive, worldwide, royalty-free license to display, distribute, and use the content on the platform as needed to operate the service.
b. Content Standards
You may not post content that is:
- Illegal, infringing, or misleading;
- Spam, fraudulent, or deceptive;
- Harmful, abusive, or defamatory;
- Containing malware or security threats.
AppointmentTrader reserves the right, but has no obligation, to remove content that violates these rules.
6. No Endorsement or Guarantee
AppointmentTrader does not endorse, validate, or guarantee any:
- User;
- Posting;
- Outcome of any transaction.
We do not participate in or arrange transactions between users. Users are solely responsible for negotiating, fulfilling, and managing their own Postings and transactions.
7. Transactions and Payments
AppointmentTrader enables users to post and transact Postings. We are not a party to any transaction between users. We do not buy, sell, arrange, or guarantee any posting.
Payments and payouts may be processed through third-party providers (such as Stripe, Square, or Dwolla). Payouts are subject to account verification, fraud prevention measures, and compliance with platform rules, including those related to user trust and safety. To disincentive bad actors, AppointmentTrader reserves the right to hold payouts for up to 180 days in cases of suspected fraud, abuse, or violations of platform standards.
Any fees charged by AppointmentTrader — such as posting fees, account verification fees, or payout processing fees — are solely for access to and use of the AppointmentTrader platform. These fees are independent of the underlying transactions between users.
8. Account Verification and Fraud Prevention
We may request documentation (such as identification or tax information) to verify accounts. We reserve the right to delay or restrict payouts, suspend accounts, or take other actions in cases of suspected fraud or policy violations.
9. Third-Party Content and Links
AppointmentTrader may link to third-party websites or services. We are not responsible for the content, practices, or policies of those third parties.
10. Termination
We may suspend or terminate your account or access at any time for violations of these Terms or at our discretion.
11. Disclaimers
The platform is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied.
We do not warrant that the platform will:
- Meet your expectations;
- Be error-free or uninterrupted;
- Lead to successful transactions or outcomes.
Users assume full responsibility for interactions and transactions on AppointmentTrader.
12. Limitation of Liability
To the maximum extent permitted by law, AppointmentTrader's total liability is limited to $100.
We are not liable for indirect, incidental, special, or consequential damages.
13. Indemnification
You agree to indemnify and hold harmless AppointmentTrader, its affiliates, and its officers and employees from claims, damages, or expenses related to:
- Your use of the platform;
- Your Postings or content;
- Your interactions or transactions with other users.
14. Governing Law
These Terms are governed by the laws of the State of Delaware, USA. Users agree to attempt to resolve disputes informally before pursuing formal action.
15. Section 230 Notice
AppointmentTrader is an interactive computer service under Section 230 of the Communications Decency Act. We are not liable for user-submitted content or user conduct. We do not create, develop, or control user Postings, and we are not responsible for the legality, accuracy, or fulfillment of Postings or transactions.
16. Changes to Terms
We may update these Terms at any time. Continued use of the platform after updates constitutes agreement to the new Terms.
17. DMCA Notice and Takedown Procedure
AppointmentTrader respects the intellectual property rights of others and expects users to do the same.
If you believe that any content posted on AppointmentTrader infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) by providing the following information in writing:
- A physical or electronic signature of the copyright owner or authorized agent;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material and its location on AppointmentTrader (including URLs or posting numbers, if available);
- Your contact information, including name, address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Please send DMCA notices to: abuse@appointmenttrader.com
AppointmentTrader reserves the right to remove content that allegedly infringes without prior notice and at its sole discretion. In appropriate circumstances, AppointmentTrader may terminate accounts of repeat infringers.
18. Contact Information
For general inquiries: support@appointmenttrader.com
For copyright complaints: abuse@appointmenttrader.com
Summary: AppointmentTrader is a neutral platform hosting user-submitted Postings. We do not offer, arrange, promote, or guarantee any postings. Users are responsible for their own transactions and outcomes.
