LEGAL AND PRIVACY NOTICES

THESE TERMS AND CONDITIONS OF USE AND NOTICES APPLY TO THE DOLPHIN BAY FUNDRAISING WEBSITE (www.dolphinbayfundraising.com) OPERATED BY DOLPHIN BAY LLC (DOLPHIN BAY). PLEASE READ THIS DOCUMENT CAREFULLY. USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS DOCUMENT.

Welcome to the Dolphin Bay Fundraising (www.dolphinbayfundraising.com) online store. Dolphin Bay has taken numerous precautions to protect your security while making purchases and these Legal and Privacy Notices detail important information regarding the use and disclosure of User information that may be collected on www.dolphinbayfundraising.com.

At Dolphin Bay, we also strive to make our website fun and safe for children. We comply with COPPA (Children’s Online Privacy Protection Act of 1998). Dolphin Bay strongly encourages parents to teach their children what personal information is and is not permissible to release online. We never sell or pass on your personal information, but we cannot control outside forces trying to monitor and steal your information through viruses, bugs, and other illegal means. The following is Dolphin Bay’s privacy policy. Please read it carefully.

PRIVACY

Your privacy is important to us. We ask for the least amount of information necessary to shop, participate, and enjoy our website. All information we gather about you or your children is given directly by you via e-mail, online forms, mail, or telephone. Only information necessary to process your payment, shipment, and credit an organization where applicable is necessary. We can keep and file student’s names when supplied for you with your order until asked to delete it. These names are not divulged to any party other than the school in order to credit the sale to that student.

We may use information gathered from your shopping experience to send you newsletters, our printed catalog, or promotional flyers. All of those just stated may also be sent to your e-mail account. If you would like to remove your personal information and stop these mailings or e-mails at any time, use the form on our contact page or follow the instructions at the bottom of the promotional e-mail.  At times, we may receive information about you from another person if you are the recipient of fundraising product, gifts, or a package of the month.

USER PROVIDED INFORMATION

You provide certain personally identifiable information (such as your name, address, telephone number and email address) to Dolphin Bay when choosing to shop with us and to participate in various activities on the website such as uploading films, posting messages in our blogs and/or forums, entering contests, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.

Any personal information or video content that you voluntarily disclose or submit to our website or blogs controlled by Dolphin Bay becomes publicly available and can be viewed by others.

We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes such as notifying you of major changes to our website or for customer service purposes.

We may use both personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, click stream data, etc.) to improve the quality and design of www.dolphinbayfundraising.com and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends. From time to time, we may contact Users to invite them to participate in usability surveys. Participation in these surveys will be purely voluntary. Typically these surveys are anonymous and no personal information is requested. However, occasionally, we may request your email address for the purpose of sending you a reward for completing the survey. No personally identifiable information submitted will be shared with people who are not our authorized agents of or service providers to Dolphin Bay. Data collected through the survey is used to compile demographic information about our members and to assist us in making improvements to www.dolphinbayfundraising.com.

WHAT INFORMATION IS GATHERED

When an adult or child enters our contests or registers, their e-mail address, first and last name, phone contact information, and complete mailing address will be necessary in order to receive requested printed promotions, newsletters, to notify contest winners, and to send prizes to their recipients. When shopping, customers provide more information. Credit or bank card numbers, first and last names, e-mail addresses, and mailing and contact information in order for us to complete the transaction and have it shipped to the customer. We will not ask for any more information than what is necessary to complete the desired action you wish us to take whether that be answering a customer service question or processing your order and discourage providing more information than is requested. Please remember that you must be 18 or older to order from our online store.

DISCLOSURE OF USER INFORMATION

Dolphin Bay may provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. Dolphin Bay requires that these parties agree to process such information in compliance with our Legal and Privacy Notices, and we use reasonable efforts to limit the use of such information and to use other appropriate confidentiality and security measures.

Dolphin Bay does not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

Dolphin Bay may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright and/or Trademark Law) or respond to a court order, subpoena, or search warrant. Dolphin Bay also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Dolphin Bay believes, in good faith, is appropriate or necessary to enforce our Legal and Privacy Notices, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our website, and to protect the rights, property, or personal safety of Dolphin Bay and www.dolphinbayfundraising.com, our Users, or others.

SECURITY OF DATA

We process, collect and store personally identifiable information using technology which encrypts the information sent to us via the Internet and is secured against unauthorized access on our server. This is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, and/or managerial safeguards.

CHILDREN

In accordance with federal law, Dolphin Bay does not knowingly collect personally identifiable information from children under age 13 without the verifiable permission of a parent or guardian. If you are under age 13, you are welcome to browse our website, but you are not permitted to use any feature that requires the collection of any personally identifiable information. If we determine that we have erroneously collected a child’s information, we will immediately delete that data from our records.

In the event that we need to collect some personal information from children under the age of 13 if they register, request a newsletter, or enter a contest. If the child specifies that he or she is under the age of 13, we will send the parents or legal guardians a confirmation e-mail. The e-mail will request the parents/guardians permission for us to keep the child’s information on file. At the request of the parents/guardians, we will then cancel newsletter subscription, registration, and/or contest entry. If your child over 13 but under 18 signs up for our newsletter and contests and you wish to withdraw your child and have us delete all of their personal information, you can use the contact us form to express your request to have your child removed from our database. This process will need to be repeated if your child (regardless of age) continues to sign up on our website. In the case of contest entrants, their personal information is deleted from our database upon the completion of the contest. We send the prizes and select the winners, so no third parties ever receive entrant forms. We produce and send our newsletter through Constant Contact, so no third parties other than the delivery service ever see your or your child’s mailing address. If you want to view the information we have collected about you or your child, use the inquiry form on our contact page. If requesting information about your child, you must be prepared to verify your identification and we can then send that information.

The only time the e-mail of a child under the age of 13 may be used without parental permission is for the initial e-mail or contest registration form we receive from your child, from which we know where to send the e-mail for parental permission. Also, if the child sends a specific request for information, Dolphin Bay will contact them with the answer. No notification will be sent to the parent/guardian because as soon as the answer is given, the child’s information will be deleted.

If we foresee that a request will require us to contact your child under 13 more than once (for example due to a customer service question), we will use the e-mail address provided by the child to notify you of their request and ask if it is acceptable to maintain contact with your child until the specific request has been resolved.

CHANGES TO THE PRIVACY POLICY

Dolphin Bay may occasionally update, amend or change this policy from time to time. A “last updated” date will be included on the bottom of the Privacy Policy. In order to remain up to date with our privacy policy, please check this page periodically.

COPYRIGHT NOTICE

All materials contained on this Website, including text, graphics, images, logos, software and other content, as well as all material contained in any blogs or other material appearing elsewhere on the Internet and under the control of Dolphin Bay, are the property of Dolphin Bay LLC, or any of its subsidiaries, affiliates, and/or third-party suppliers. The compilation of all content on this site is the exclusive property of Dolphin Bay. Dolphin Bay’s rights are protected by United States and international copyright laws, conventions, agreements, and treaties. The content of the Website may be used only for your personal, non-commercial purposes, and copying or storing of any content for other than personal, noncommercial use is expressly prohibited without prior written permission.

TRADEMARK NOTICE

Dolphin Bay, the Dolphin Bay logo design, as well as the other marks and designs and graphic elements of the site itself are the trademarks, copyrights, and/or service marks (registered or common law) of Dolphin Bay. These items may not be used in any manner that may cause consumers confusion. The only exception would be the use of our product images for promotion of our site, services, or products on personal, school, or group websites, or blogs, which is allowed but we ask that with these items online, you provide a link to our store. Some of the names of companies (such as American Apparel and Alternative Apparel) and some of the products (such as the Kiss Me Write Pens) on this site may be the trademarks or service marks of other owners besides Dolphin Bay.

MODIFICATION OF WEBSITE

We reserve the right to change, stop, or discontinue any aspect of this site at any time. This would include the discontinuing of features, graphics, and products. We may also impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability.

LINKS TO OTHER WEBSITES

Our blog and site may offer links to pages we feel teachers, parents, and children may find educational and beneficial. This website may also contain links and pointers to other websites, and resources that we believe may interest our store customers though they may have nothing to do with the sales of our merchandise. Links to other sites does not constitute our endorsement of those sites and their terms of use and privacy policy should be reviewed when on those sites as use of their site will constitute agreement to their terms and conditions. Dolphin Bay is not responsible for the privacy practices of these other sites and encourage you to familiarize yourself with the privacy practices of those other sites. Be aware that this privacy statement applies solely to information which appears on the Dolphin Bay website and we are not responsible for the content of those sites. When you or your child visits one of these sites, please review their privacy policies and explain them to your children if they are younger. If you followed a link to Dolphin Bay, you may want to refer to the privacy policies of the page with the link and see if they monitor who uses the links or your activity on the site for their purposes.

INTERNATIONAL USERS

Dolphin Bay’s website, www.dolphinbayfundraising.com, is hosted in the United States and is intended for and directed to Users in the United States. If you are a User accessing our website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of www.dolphinbayfundraising.com, which is governed by U.S. law as to this Legal and Privacy Notice, you are transferring your personal information to the United States and that you consent to this transfer and the jurisdiction of U.S. law for this purpose. We can ship and process orders worldwide, but some of our fundraising options such as our coupon books may not be available to you. Please contact us via the information at the end of this document to for more information.

IN THE EVENT OF SALE, MERGER, OR ACQUISITION

In the event that Dolphin Bay is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control.

DISCLAIMERS

This website, including all content, software, functions, materials and information made available on or accessed through the website, is provided “as is.” to the fullest extent permissible by law. Dolphin Bay, its subsidiaries and affiliates, make no representation or warranties of any nature regarding the content on the website or the materials, information and functions made accessible by the software used on or accessed through the website, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the website or any linked site. Further, Dolphin Bay, its subsidiaries and affiliates, disclaim any express or implied warranties, including, without limitation, non-infringement and/or merchantability or fitness for a particular purpose. Dolphin Bay does not warrant that the functions contained in the website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the website, the server that makes it available, or e-mails sent from this site are free of viruses or other harmful components. Dolphin Bay, its subsidiaries and affiliates, shall not be liable for the use of the website, including, without limitation, the content and any errors contained therein. Likewise, if you attempt to disrupt the function of this website or access or collect personal information from our customers or company information concerning our business in an illegal fashion, Dolphin Bay will prosecute to the full extent of the law.

Dolphin Bay disclaims any and all responsibility for content contained in any third party materials provided through links from the site.

In no event shall Dolphin Bay, its subsidiaries and affiliates, be liable for any special, indirect, incidental or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not Dolphin Bay has been advised of the possibility of damage, and on any theory of liability, arising out of or in connection with use of the site.

GENERAL PROVISIONS

These terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to principles of conflict of laws. You agree that any action or proceeding arising out of or relating to these terms shall be filed only in the state or federal courts in the State of Oklahoma located within or nearest to Tulsa County. You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action.

This Agreement constitutes the entire agreement between Dolphin Bay and you with respect to your use of this website. Dolphin Bay reserves the right to make changes to the site, policies and these terms and conditions of use at any time. If for any reason a court of competent jurisdiction finds any provision of the terms, or portion thereof, to be unenforceable, such provision shall be limited or nullified only to the extent necessary to make such provision legal, valid or enforceable, and the remainder of the terms shall continue in full force and effect.

DATE LAST MODIFIED

This Privacy Notice was last modified May 18, 2009.

CONTACT INFORMATION

Dolphin Bay Fundraising

5401 S. Sheridan

Suite 401

Tulsa, OK

Tel: (877) 249-6023

Fax: (918) 749-5411

E-mail: info@dolphinbayfundraising.com