Beach Reach Privacy Policy

Welcome to the Beach Reach Platform and Application!

Berkeley Charleston Dorchester Council of Governments (referred to herein as "Beach Reach") was created to provide its Users with information that will help residents and visitors plan and enjoy their time at local beaches. The Beach Reach mobile application and software-as-a-service application (hereinafter, the "Beach Reach Platform") provides information regarding accessing and visiting various local beaches and general BEACH REACH services. We are committed to protecting your Personal Information (described below) and, subject to the terms of this Privacy Policy, we will not disclose your Personal Information to any third party without your consent. This Privacy Policy describes:

(i) what Personal Information the BEACH REACH Platform receives or collects from you,

(ii) how the BEACH REACH Platform uses and shares your Personal Information with others, and

Capitalized terms not defined in this Privacy Policy shall have the meaning ascribed thereto in the BEACH REACH Terms and Conditions of Use.

Agreement

By using or accessing the BEACH REACH Platform, you agree to be legally bound by the BEACH REACH Terms and Conditions of Use, and this Privacy Policy, each of which are amended from time to time (collectively, the "Agreement"). If you do not agree with the Agreement without limitation or qualification, you should not access or use the BEACH REACH Platform. Your continued use of or access to the BEACH REACH Platform following any changes made to the Agreement will mean that you accept and agree to be bound by the then-current version of this Agreement. Because we reserve the right to modify the Agreement at any time without notice to you, please check it regularly for changes. References to "BEACH REACH," "we," or "us" in the Agreement refer to BEACH REACH. This Agreement applies to the BEACH REACH Platform as it exists today as well as any updates, changes, and/or modifications to the BEACH REACH Platform that may occur in the future, subject to any changes to this Agreement.

This Privacy Policy was last updated on: January 30, 2020.

Application of this Privacy Policy

This Privacy Policy applies to the BEACH REACH Platform and does not extend to anything that is inherent in the operation of any third party website, the Internet, or any other network via which the BEACH REACH Platform is used or accessed, as such the Internet. Other networks may be covered by other privacy policies and that are beyond our control and which may be inconsistent with the terms and conditions of the Agreement. This Privacy Policy is not to be applied in any manner contrary to applicable law or governmental regulation.

BEACH REACH is not responsible for the privacy practices or the content of any third party websites or services with which the BEACH REACH Platform communicates or is linked. By clicking on a link, logo or any item associated with a third party site, please note that you may be exiting the BEACH REACH Platform and the protections afforded by this Privacy Policy and the BEACH REACH Terms of Service. These third party websites or entities may be governed by their own privacy policies, may send their own cookies or beacons to you, or may collect and/or distribute your Personal Information. We urge you to review carefully the privacy policy of any such third party website or entity prior to accessing or using their services, or providing any of your Personal Information to them. Your dealings with such third party websites are made at your own risk and are solely between you and such third party service providers, websites or entities.

Personal Information

Personal Information We Collect When You Use the BEACH REACH Platform

We may also collect Personal Information when you access the Services including the following:

1. Device Information. When you use or access the BEACH REACH Platform, we may collect information associated with the device from which you are communicating such as your wireless mobile device, tablet computer, desktop computer, or the like. Such device information may identify the make and model of your device; the type or version of your operating system; unique device identifier(s), an Internet Protocol (IP) address, a media access control (MAC) address, or information associated with your service provider or mobile carrier.

2. Usage Information. When you use the BEACH REACH Platform, we may automatically collect or store certain Personal Information regarding your usage patterns or habits, such as:

o Details of which of our services you use and how often you use them, including specific usage of the BEACH REACH Application as well as access point names (APNs), packet data networks (PDNs), etc.

o Information regarding websites visited, promotional materials, uniform resource locators (URLs) relating thereto; time, date, or bandwidth of session; type of content accessed (text, video, audio, or images), your Location Information, etc.

o Device or communication performance information such as data rates, or information identifying Quality of Service exhibited during a session, dropped communications, etc.

3. Location Information. When you access the BEACH REACH Application, we may collect and process information about your device’s actual location, sometimes referred to as your geolocation, using Global Positioning System (GPS) signals sent by your device, from a third party location service, or from terrestrial network signals that identify via which network device, cell, Wi-Fi access point, network address, etc. your device is communicating ("Location Information").

4. Cookies / Beacons. We may collect and store information when you access the BEACH REACH Platform including sending one or more cookies or anonymous identifiers to your device. We may use web beacons (also known as web bugs, clear Graphics Interface Format pixel (or "clear GIFs"), 1 x 1 pixel, etc.) in combination with cookies, identifiers or other Site functions to understand how you interact with the BEACH REACH Platform (e.g., Site webpages, services, etc.), or perform web analytics or other administrative functions. Beacons do not collect Personal Information. New approaches that offer alternatives to cookies and beacons to better protect your privacy and to improve the security of your Personal Information may be explored by BEACH REACH.

5. Other Data and Changes to this Privacy Policy. We may also require other information for tracking or verifying compliance with our policies, abiding by federal, state and local laws and for editorial and feedback solicitation purposes. In addition, from time to time, we may use your Personal Information for new, unanticipated uses, such as notification of new services, announcements, Network information, and general communications. If our information practices materially change at some time in the future, we will revise this Privacy Policy in accordance with the paragraph captioned "Periodic Changes to This Policy" above.

6. Images. We may collect imagery uploaded from your personal device, including uploading Image information to https://api.wmaker.net. This is optional but may impede app experience.

Grant of License

Subject to the terms and conditions of this Privacy Policy and the BEACH REACH Terms and Conditions of Use, by accessing or using the BEACH REACH Platform, you acknowledge, consent to, and hereby grant to BEACH REACH a perpetual, non-exclusive, fully paid-up, and royalty-free license to use, display, modify, make derivative works of, obfuscate, de-identify, encode, translate, copy, transmit, or sub-license your Personal Information (including any and all Account Holder content that you upload to the Site) throughout the universe to provide the BEACH REACH Platform to you and for our own commercial, research, and quality improvement purposes.

How We Use and Share Your Personal Information

Consent to Our Use, Collection, or Sharing of Your Personal Information.

Your Consent. By registering or using or accessing the BEACH REACH Application, you are voluntarily and unconditionally accepting the terms and conditions of the BEACH REACH Terms and Conditions of Use and this Privacy Policy and are freely accepting and agreeing to our use of your Personal Information in accordance with this Privacy Policy. You further acknowledge and agree that your access or use of the Site or the BEACH REACH Application, or providing your Personal Information to us, including any information deemed "sensitive" by applicable law, is entirely voluntary on your part.

Withdraw of Consent. You have the right to withdraw your consent to BEACH REACH collecting, using, or sharing of your Personal Information by closing your Account and discontinuing use of the BEACH REACH Platform, except for our rights with regard to de-identified portions of your Personal Information.

Uses of Your Personal Information.

1. Our Use. We use your Personal Information for our own internal purposes including, but not limited to, providing the BEACH REACH Application to you improving the services associated with the BEACH REACH Platform recording and analyzing how and the amount to which you use the BEACH REACH Platform.

2. Our Communications to You. We may communicate with you through posts on the BEACH REACH Platform notices of promotions and other notices that affecting your use of the BEACH REACH Platform. We may also, from time to time, communicate to inform you about how to best use the BEACH REACH Platform, including new features or functionality, security warnings, planned service disruptions, a BEACH REACH-related event, or a third party’s goods and services. Furthermore, we may send to your device new versions or updates to the BEACH REACH Platform, software patches or scripts (e.g., to improve security, performance, etc.), and new security enhancements. By becoming an Account Holder, you agree to receive these communications from us.

3. Your Communications to Us and other Users. Many communications that you initiate through the BEACH REACH Platform, such as by sending email messages to us, may include your Personal Information including without limitation your name, your email address, your location, etc.

4. Third Party Communications. We do not share your Personal Information with any third parties except as described in this Privacy Policy. Except as specified to the contrary in this Privacy Policy, we will not disclose your Personal Information that is generated or collected through your access to the BEACH REACH Platform without your consent unless such Personal Information is de-identified or we are carrying out your instructions.

5. Communications in case of Harm or Compliance with Applicable Law. We may disclose your Personal Information in special cases when we believe in good faith that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property or the rights, safety or property of our Account Holders, users, or others. We also may disclose your Personal Information when we believe in good faith that the law, legal process or a lawful investigation requires it.

6. Security. We exercise great care in providing secure transmission of your Personal Information between your device and our servers or those of a third party. We also take great care to protect your Personal Information that is stored by us or authorized third parties. Your Personal Information is handled by BEACH REACH authorized personnel or third parties that are authorized by us. Unfortunately, no data transmission over the Internet can be guaranteed to be secure, and we will not be held liable should a third party illegally obtain your Personal Information following Delivery (described below) or prior to Receipt (described below) of your Personal Information by BEACH REACH. While we work hard to protect your Personal Information, we cannot ensure and do not warrant the security of any Personal Information you transmit to or from us, and you do so at your own risk.

Delivery and Receipt of Personal Information

Receipt and Delivery of Personal Information. You expressly acknowledge and agree that BEACH REACH, its members, directors, officers, employees, and agents shall have no responsibility or liability whatsoever associated with any Personal Information prior to its Receipt by BEACH REACH Equipment from any Account Holder or User, or following the Delivery of Personal Information by the BEACH REACH Equipment to any Account Holder or User.

"BEACH REACH Equipment" shall be defined as any server, firewall, database or other equipment on which the BEACH REACH Platform is hosted and which is owned or controlled by BEACH REACH.

"Receipt" shall be defined as the instant at which any portion of your Personal Information, is detected or received by the BEACH REACH Equipment from a communication path (for example, a wired and/or wireless communication path or link) over which your Personal Information is transmitted by an Account Holder or User that is authorized to access or use the Services.

"Delivery" shall be defined as the instant at which any portion of your Personal Information, is transmitted by the BEACH REACH Equipment and enters a communication path (for example, a wired and/or wireless communication path or link) over which the Personal Information is transmitted to a third party that is authorized to access or use the BEACH REACH Platform.

You expressly acknowledge and agree that BEACH REACH shall have no responsibility whatsoever for any breach, loss, or theft of any Personal Information on any device of any third party that can access or use the BEACH REACH Platform, or during transmission (before Receipt or after Delivery) of such Personal Information to or from the BEACH REACH Equipment.

Your Choices and Obligations Regarding your Personal Information

Your Obligations and Warranty.

You have certain obligations under this Privacy Policy and in accordance with applicable law and regulations. Accordingly, you shall, at all times, abide by the terms and conditions of this Privacy Policy and the BEACH REACH Terms of Service as they may be amended from time to time, as well as other policies of the BEACH REACH Platform including respecting all intellectual property rights that may belong to third parties, such as trademarks or copyrights. You agree not to upload or otherwise disseminate any information or Account Holder Content that may violate the rights of others, including infringing or misappropriating any intellectual property rights of others, or which may be deemed to be injurious, defamatory, slanderous, libelous, untruthful, violent, offensive, racist, or xenophobic, or which may otherwise violate the purpose and spirit of the BEACH REACH Platform and its community of Account Holders and Users. You warrant that you have the necessary authorization to provide the Customer Content that you provide to the BEACH REACH Platform. You further agree to keep your Access Credentials strictly confidential and to not share them with others.

Any violation of your obligations, this Privacy Policy, or those set forth in the BEACH REACH Terms and Conditions of Use may lead to the restriction, suspension, or termination of your Account at the sole discretion of BEACH REACH.