OPEN WATER
PRIVACY POLICY

This Privacy Policy describes how your Personal Information is collected, used, and shared when you visit or make

 a purchase from drinkopenwater.com (the “Site”).

This Policy applies when you interact with us through our Site. It also applies anywhere it is linked. It does not apply to

third-party websites, mobile applications, or services that may link to the Sites or be linked to from the Sites. Please review

the privacy policies on those websites and applications directly to understand their privacy practices.

 

We may change or update this Policy from time to time.

 

INFORMATION WE COLLECT

We collect information from you directly, from the devices you use to interact with us, and from third parties. We may combine

information from the Sites together and with other information we obtain from our business records. We may use and share

information that we aggregate (compile to create statistics that cannot identify a particular individual) or de-identify (strip

information of all unique identifiers such that it cannot be linked to a particular individual) at our discretion.

 

INFORMATION YOU GIVE US

You may provide the following information to us directly:

 

• Contact and professional information, including name, postal address, email address, telephone number, and job title, as well as company name and size.
• Account registration information.
• Demographic information.
• Payment information, including credit card information.
• Content you may include in surveys, panels, or market research responses.
• Information contained in your communications to us, including communication to customer service.
• Information you provide when participating in special events, promotions, contests or sweepstakes.
• Information you make available to us via a social media platform.
• Any information or data you provide by interacting in our online forums and chatrooms, or by commenting on content posted on our Sites. Please note that these comments are also visible to other users of our Sites.
• Information you submit to inquire about or apply for a job with us.
• Any other information you submit to us.

 

INFORMATION WE COLLECT AUTOMATICALLY

 

We and partners working on our behalf may use log files, cookies, or other digital tracking technologies to collect the following

information from the device you use to interact with our Sites. We also create records when you make purchases

or otherwise interact with the Sites.

 

• Device information, including IP address, time zone or location, device identifiers, mobile ad identifiers, device model and operating system, mobile network carrier, and details about your web browser.
• Analytical information, including details about your interaction with our website, app, and electronic newsletters.
• Diagnostic information, including web trac logs.
• Advertising information, including special advertising and other unique identifiers that enable us or third parties working on our behalf to target advertisements to you. Please be aware that our advertising partners may collect information about you when you visit third-party websites or use third-party apps. They may use that information to better target advertisements to you on our behalf.
• Business record information, including records of your purchases of products and services.

The following is a list of our partners who collect the information described above. Please follow the links to find out more

information about the partner’s privacy practices.

 

 

Partner	For interest-based advertising	Purpose
Amazon	Information collected for interest-based advertising	Personalized Adveristing
Facebook	Information collected for interest-based advertising	Personalized Adveristing
Google Analytics	Website performance monitor that counts page views, number of unique visitors, and other statistics.	Analytics
Google Tag Manager	Aggregated data about tag firing.	Analytics

 

INFORMATION WE COLLECT FROM OTHER SOURCES

 

We may collect the following information about you from third-party sources:

 

• Contact information, demographic information, and information about your interests and purchases, from consumer data providers.

• Information about your interests, activities, and employment history from social networks and other places where you choose to share information publicly.

• Information about your interaction with advertisements on our Sites, or ads that we place on third party websites, from online advertising companies.

• If you decide to invite others to the Sites, we will collect your and the other person’s names, email addresses, and/or phone numbers to send an email or text message and follow up with the other person. You agree that you will obtain the other person’s consent before giving us his or her contact information. You also agree that you will not send us the contact information of a minor. We will inform any other person you invite that you gave us his or her information in the invitation email.

 

WE MAY USE ANY OF THE INFORMATION WE COLLECT FOR THE FOLLOWING PURPOSES.

 

• Service functionality: To provide you with our products and services, including to take steps to enter a contract for sale or for services, process payments, fulfill orders, send service communications (including renewal reminders); to provide information, content, products or services that you request; to notify you about any changes to our products and services; and conduct general business operations, such as accounting, recordkeeping, and audits.

• Service improvement: To improve and grow our services, including to develop new products and services and understand how our Sites are being used, our customer base and purchasing trends, and the efectiveness of our marketing.

• Personalization: To oer you recommendations and tailor the Sites to your preferences.
  
  
• Advertising and marketing: To send you marketing communications; conduct surveys, contests, sweepstakes, and promotions; personalize the advertisements you see on our Sites and third-party online properties; and measure the effectiveness of our advertising. We may share your information with business partners, online advertising partners, and social media platforms for this purpose.

• Security: To protect and secure our Sites, assets, network, and business operations, and to detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal.

• Legal compliance: To comply with legal process, such as warrants, subpoenas, court orders, and lawful regulatory or law enforcement requests and to comply with applicable legal requirements.

 

WE MAY SHARE ANY OF THE INFORMATION WE COLLECT WITH THE FOLLOWING RECIPIENTS.

 

• Affiliates: We share information with other members of our group of companies.
• Service providers: We engage vendors to perform specific business functions on our behalf, and they may receive information about you from us or collect it directly. These vendors are obligated by contract to use information that we share only for the purpose of providing these business functions, which include:

• Supporting service functionality, such as vendors that support payment processing, customer service and customer relationship management, content management, freight services, list cleansing, postal mailings, and communications (email, fax).

• Auditing and accounting firms, such as firms that assist us in the creation of our financial records.
• Professional services consultants, such as firms that perform analytics, assist with improving our business, provide legal services, or supply project-based resources and assistance.

• Analytics and marketing services, including entities that analyze trac on our online properties and assist with identifying and communicating with potential customers as well as with marketing automation.

• Security vendors, such as entities that assist with security incident verification and response, service notifications, and fraud prevention.

• Information technology vendors, such as entities that assist with website design, hosting and maintenance, data and software storage, and network operation.

• Marketing vendors, such as entities that support distribution of marketing emails.

 

• Business partners: From time to time, we may share your contact information with other organizations for marketing purposes.

• Online advertising partners: We partner with companies that assist us in advertising our products, including partners that use cookies and online tracking technologies to collect information to personalize, retarget, and measure the efectiveness of advertising.

• Social media platforms: If you interact with us on social media platforms, the platform may be able to collect information about you and your interaction with us. If you interact with social media objects on our Sites (for example, by clicking on a Facebook “like” button), both the platform and your connections on the platform may be able to view that activity. To control this sharing of information, please review the privacy policy of the relevant social media platform.

• Government entities/Law enforcement: We may share information when we believe in good faith that we are lawfully authorized or required to do so to respond to lawful subpoenas, warrants, court orders, or other regulatory or law enforcement requests, or where necessary to protect our property or rights or the safety of our employees, our customers, or other individuals.

• Other businesses in the context of a commercial transaction: We may change our ownership or corporate organization.

We may transfer to another entity or its affiliates or service providers some or all information about you in connection with,

or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or

financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices

or treat your information as described in this policy.

 

SECURITY

 

We use a combination of physical, technical, and administrative safeguards to protect the information we collect through the

Sites. While we use these precautions to safeguard your information, we cannot guarantee the security of the networks,

systems, servers, devices, and databases we operate or that are operated on our behalf.

 

YOUR OPTIONS AND RIGHTS REGARDING YOUR INFORMATION

 

Your Account: You may contact us to rectify, remove or complete the information that is incorrect, unnecessary, lacking or

outdated, and we will try to make the requested changes as soon as possible.

 

Email Unsubscribe: If you do not wish to receive marketing information from us or wish to opt out of future email promotions

from us, please contact us. Please note that all promotional email messages you receive from us will include an option to opt

out of future email communications.

 

Ad Choices: You have options to limit the information that we and our partners collect for online advertising purposes.

 

You may disable cookies in your browser or mobile device using their settings menus. Your mobile device may give you the

option to disable advertising functionality. Because we use cookies to support Site functionality, disabling cookies may also

disable some elements of our online properties. The following industry organizations oer opt-out choices for companies that

participate in them: the Network Advertising Initiative, the Digital Advertising Alliance, and the European Interactive Digital

Advertising Initiative. You may use our cookie settings menu.

 

Location: If we request it, you may give your consent through options available on your device or in the application to our use

of location data. You may also withdraw such consent at any time from the options menu in your account, or by contacting us.

 

If you exercise these options, please be aware that you may still see advertising, but it will not be personalized. Nor will

exercising these options prevent other companies from displaying personalized ads to you.

 

If you delete your cookies, you may also delete your opt-out preferences.

 

Do Not Track: Your browser or device may include “Do Not Track” functionality. The information collection and disclosure

practices and the choices that we provide to you will continue to operate as described in this privacy policy, whether a Do Not

Track signal is received.

 

Jurisdiction-specific rights: You may have certain rights with respect to your personal information depending on your location

or residency. Please see “privacy disclosures for specific jurisdictions” below. Please contact us to exercise your rights.

 

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM (“PROGRAM”)

We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. 

This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages.

 WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. 

Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. 

When you complete forms online or otherwise provide us information in connection with the Program, you agree to provide accurate, complete, and true information. 

You agree not to use a false or misleading name or a name that you are not authorized to use. If, in our sole discretion, we believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, we may refuse you access to the Program and pursue any appropriate legal remedies.

 By providing your phone number, you are expressly consenting and opting in to receiving automated text messages from Open Water, including recurring messages. 

We may text you about your shopping cart, orders, your experience with our products or our website, or to respond to your inquiries.

 We may also text you about sales, promotions, or other products that we think you may be interested in. 

By providing your phone number, you are expressly authorizing us to send you these messages to your mobile device. 

Please note that your use of the site and your ability to make purchases from the site is not conditioned upon your consent to receive messages from us. 

Message frequency varies and message and data rates may apply and are your responsibility. 

You may revoke your consent to receive text and/or multimedia messages to your phone at any time by contacting us at info@drinkopenwater.com or by replying STOP to any text message you receive from us. 

You may also contact us at the below address regarding how we use your information in connection with the Program:

  

Email: info@drinkopenwater.com

Telephone: (305) 771-1357

Mail: Open Water, 3700 S Iron St 4C, Chicago IL 60609

 

SPECIAL INFORMATION FOR JOB APPLICANTS

 

When you apply for a job with us, we may collect information from you, including:

 

• Information you provide in connection with your application.
• Information that you make available in your social media accounts.
• Information about you that is available publicly.
• Information that you authorize us to collect via third parties, including hiring software, former employers or references.
• In certain circumstances, you may submit your application for employment through a third-party service that displays our job posting. We do not control the privacy practices of these third-party services. Please review their privacy policies carefully prior to submitting your application materials.

 

OTHER IMPORTANT INFORMATION

 

Data retention: We may store information about you for as long as we have a legitimate business need for it.

 

Cross-border data transfer: We collect, process, and store your information in the United States. The laws in the United States

regarding information may be dierent from the laws of your country. Any such transfers will comply with safeguards as

required by relevant law.

 

Information about children: The Sites are intended for users age sixteen and older. We do not knowingly collect information

from children. If we discover that we have inadvertently collected information from anyone younger than the age of 13, we will

delete that information. Please contact us with any concerns.

 

PRIVACY DISCLOSURES FOR SPECIFIC JURISDICTIONS

 

California

 

Your California Privacy Rights; “Shine the Light” Law: We do not share your personal information with third parties for those

third parties’ direct marketing purposes.

 

California Consumer Privacy Act

 

The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding

the collection, use, and disclosure of information about them, as well as rights to know/access, delete, and limit disclosure of

personal information. You have the right to be free from discrimination based on your exercise of your CCPA rights. To the

extent that we collect personal information that is subject to the CCPA, that information, our practices, and your rights are

described below.

 

Notice at Collection Regarding the Categories of Personal Information Collected

 

You have the right to receive notice of the categories of personal information we collect and the purposes for which we use

personal information. The following table summarizes the categories of personal information we collect, the categories of

sources of that information, and whether we disclose or sell that information to service providers or third parties, respectively.

The categories we use to describe personal information are those enumerated in the CCPA. We collect this personal information

for the purposes described in “how we use information.”

 

Category	Info Type:	Source:	We Disclose to:	We Sell to:
Identifiers	Contact information or personal characteristics (name; email address; postal address; telephone number), Social media handles	You; our social media pages; subscription service providers	Service Providers	Business Partners
Financial Info	Payment card data Bank account information	You	Service Providers	NOT SOLD
Commericial Info	Transaction information Billing and payment records Order history	You	Service Providers	NOT SOLD
Geolocation Info	Coarse (information that describes location at ZIP code-level or less precision)	You; our analytics & advertising partners	Service Providers	Advertising Partners (course location only)
Internet / Electronic Network Activity Info	IP address Device identifier (e.g., MAC) Advertising identifier (e.g., IDFA, AAID) Browser information Information provided in URL string (e.g., search keywords) Cookie or tracking pixel information Information about your interaction with our website, app, email correspondence, or products Browsing history Search history Diagnostic information (e.g., crash logs, performance data)	You; our analytics & advertising partners	Service Providers	Advertising Parnters
Professional / Employment Info	Current employer Job title Salary	You	Service Providers	NOT SOLD
Education Info	Education history Level of education	You	Service Providers	NOT SOLD
Inferences Drawn About You	User profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes	You; our analytics & advertising partners	Service Providers	Advertising Partners
Content of Communications	Contents of phone calls, emails, or text messages Photos	You	Service Providers	NOT SOLD
Contacts	List of contacts that you supply to us List of contacts we collect from your device with your permission	You	Service Providers	NOT SOLD

 

Entities to whom we disclose information for business purposes are service providers, which are companies that we engage to

conduct activities on our behalf. We restrict service providers from using personal information for any purpose that is not related

to our engagement.

 

Entities to whom we “sell” information are third parties. Under the CCPA, a business “sells” personal information when it

discloses personal information to a company for monetary or other benefit. A company may be considered a third party either

because we disclose personal information to the company for something other than an enumerated business purpose under

California law, or because its contract does not restrict it from using personal information for purposes unrelated to the service

it provides to us.

 

YOUR RIGHTS UNDER THE CCPA

 

Opt out of sale of personal information: You have the right to opt out of our sale of your personal information to third parties. To

exercise this right, please visit our Do Not Sell My Personal Information webpage or contact us. Please be aware that your right

to opt out does not apply to our disclosure of personal information to service providers.

Know and request access to and deletion of personal information: You have the right to request access to personal information

collected about you and information regarding the source of that personal information, the purposes for which we collect it,

and the third parties and service providers with to whom we sell or disclose it. You also have the right to request in certain

circumstances that we delete personal information that we have collected directly from you. Please contact us to exercise these

rights.

 

FINANCIAL INCENTIVES

 

We may oer you the opportunity to participate in special promotions and programs from time to time. Your participation is

voluntary. If we provide this oer, we will obtain your consent to collect your Personal Information in connection with your

participation. We will collect name; email address; and phone number; which we use to facilitate your participation in the

program and to market to you. If we run the program jointly with a business partner, we may disclose the information to that

business partner.

 

You may opt in to one of our programs or sign up for our email newsletter, using the means we present to you, such as an

online registration page, at the time we make the oer. You may opt out of these programs or emails at any time by emailing

info@drinkopenwater.com with your request.

 

Nevada

 

Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to third parties.

Currently, we do not engage in such sales. If you are a Nevada resident and would like more information about our data sharing

practices, please contact us.

 

CONTACT INFORMATION, SUBMITTING REQUESTS, AND OUR RESPONSE PROCEDURES

 

Please contact us if you have questions or wish to take any action with respect to information to which this privacy policy

applies.

 

Email: info@drinkopenwater.com

Telephone: (305) 771-1357

Mail: Open Water, 3700 S Iron St 4C, Chicago IL 60609

 

Submitting requests: You may request to exercise your rights by making a request using the contact information above.

 

If you are a California resident, you may authorize another individual or a business registered with the California Secretary of

State, called an authorized agent, to make requests on your behalf.

 

We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more

limited way than you anticipated. If we do, we will explain that to you in our response.

 

Verification: We must verify your identity before responding to your request. We verify your identity by asking you to provide

personal identifiers that we can match against information we may have collected from you previously. We may need to follow

up with you to request more information to verify identity.

 

We will not use personal information we collect in connection with verifying or responding to your request for any purpose

other than responding to your request.