Privacy Statement
Coconut Nick is committed to protecting the privacy of all individuals who utilize the www.keywesthappyhour.com and www.coconutnick.com websites. Please read the following Privacy Statement to understand how we collect, use and safeguard the information you may provide to us via this website.
This Privacy Statement may be revised from time to time, so please revisit this page often to remain fully informed of our policies.
By using this website, or voluntarily providing your information to us, you consent to our collection and use of all information as set forth in this Privacy Statement. If you do not agree to the terms of this Privacy Statement, please do not provide us with any information and do not use this website. This Privacy Statement is incorporated into and subject to the Terms of Use for the website.
Applicability of this privacy statement
This Privacy Statement applies solely to information and data you may provide to us or that we otherwise collect from you via the www.coconutnick.com website, excluding information and data provided to us or that we otherwise collect from “Customers” or “Providers” of Coconut Nick (or their employees or contractors) via “Customer” or “Provider” website portals accessible by logging in through this Site. Use of the Customer Portal and Provider Portal are subject to separate Privacy Statements.
In addition, this Privacy Statement does not apply to (i) information that may be collected by Coconut Nick through any other means, including offline or (ii) information about you collected by any third-party services, applications, or websites or advertisements associated with, linked to or otherwise accessible from the Site (“Third-Party Sites”). The information collected or received by such Third-Party Sites is subject to the privacy policies and practices of the Third-Party Sites.
SMS POLICY
1. General: By opting in to text alerts from CN you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in. Consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from the CN text list you must reply STOP to opt-out. This is the exclusive method for opting out. After texting STOP you will receive one additional message confirming that your request has been processed. Text HELP for help or contact support by emailing contact@coconutnick.com. To see how CN collects and uses your personal information, review this Privacy Policy/ Terms Of Service and SMS Program Terms and Conditions. This document additionally governs your participation in the SMS Program.
In the event that you change or deactivate your mobile number it is your responsibility to notify CN by emailing contact@coconutnick.com to have your number removed. Additionally, CN reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under this program.
2. Message Frequency: The SMS Program is a subscription-based program and SMS Program participants will receive recurring messages.
3. Authorized Participation: By enrolling in the SMS Program, you certify that you are 18 years of age or older, and are authorized: (a) to enroll the designated mobile phone number in the SMS Program, and (b) to incur any mobile message or data charges that may be incurred by participating in the SMS Program. Your consent to receive SMS and/or MMS messages is not a condition of purchase of any products or services, and no purchase is necessary.
4. Cost to Participate: Participation in the SMS Program is free; however, Message and Data rates may apply. Check your mobile plan for details. CN is not responsible for any messaging or data charges incurred by SMS Program participation. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the SMS Program, and you will be responsible for all charges related to them.
5. Arbitration and Class Action Waiver: Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of CN will be resolved by binding arbitration, rather than court.This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and CN hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND CN AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. You and CN are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. The AAA’s Rules regarding costs and payment apply. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
6. Limitation of Liability: We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
7. Applicable Law: Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of Florida.
8. Severability: If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
9. Changes to Terms: These terms and conditions are subject to change at any time without notice.
10. Additional Terms and Conditions: In addition to these terms and conditions, your use of the SMS Program is subject to CN’s Privacy Policy and Terms of Use, included herein.
11. Carriers: We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
What information does Coconut Nick collect from you?
Through your use of the Site, Coconut Nick may collect from you: (i) personally identifiable information, and (ii) technical and other information.
General Web Site Visitors. When you browse the Site, you do so anonymously; no personally identifiable information is collected. However, as you navigate through the Site, technical information, such as cookies, may be automatically collected as provided below.
Contacting Us.
The Site permits you to reach out to Coconut Nick through SMS message. Whenever you send us an SMS message, you may be providing us with your email address and any information you choose to provide in the text of your message.
Technical and Other Information.
While you are browsing the Site, we automatically log your IP address (a number assigned to your computer when you use the Internet) and your activity while using the Site. Additionally, in order to personalize and enhance your experience on the Site, we may also collect information through “cookies.” These cookies may include, but are not limited to, persistent cookies and browser session cookies, such as required and functional cookies. Cookies are small strings of text that are sent by the Site to your browser and then stored by your browser on your computer’s hard drive.
We use cookies to help diagnose problems with our servers and to administer the Site. We also use cookies to gather broad demographic information and to help identify your Site visits so that we may improve your user experience and determine whether you visited the Site from a particular Internet link or advertisement. While a code in the cookie file enables the Site to label you as a particular user, including identifying you by name or other personally identifiable information, such cookie files are encrypted in order to protect your information. The cookies that we use do not store any sensitive personal information, such as one’s credit card data, address, or personal passwords. Most web browsers automatically accept cookies, but it is possible to change your browser setup so that it does not accept cookies. However, rejecting cookies may prevent you from taking advantage of certain portions of the Site.
Tracking
We do not engage in the collection of personally identifiable information about your online activities over time and across third-party websites or online services. Accordingly, we do not currently process or comply with any web browser’s “do not track” signal or other mechanisms that provide consumers with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third-party websites.
However, we may from time to time allow third-party companies to collect certain non-personally identifiable information when you visit our Site which, through “tracking technologies,” can be combined with non-personally identifiable information during your visits to other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third-party web beacon to collect this information. To learn more about this behavioral advertising practice, you can visit www.networkadvertising.org, and you may opt out of receiving cookies from third-party advertising networks by going to the Network Advertising Initiatives cookie opt-out page, which can be found at http://www.networkadvertising.org/managing/opt_out.asp.
How is your information used?
Our Use of Information. We collect, retain, and use your personally identifiable information for legitimate business purposes only, including, without limitation, the following: to respond to an inquiry from you or to address a request submitted by you (including contacting you directly to request additional information to process your inquiry or request); to contact you and to provide you information regarding Coconut Nick and/or our services;
Sharing Information. We do not sell or rent your personally identifiable information to third parties. We share your information only with our service providers or as otherwise described herein to provide you with information or services with respect to which you provided the information. Also, we may from time to time share in aggregate, statistical form, non-personal information regarding the visitors to the Site, traffic patterns, and Site usage with our partners or advertisers. In addition, we will disclose information we maintain, including personally identifiable information: (i) when required to do so by law, or in response to a request from a law enforcement agency or authority or any regulatory authority; (ii) to protect the integrity or security of the Site or Coconut Nick’s interests, rights, or property; or (iii) to enforce the Site’s Terms of Use.
Accuracy of personally identifiable information
We strive to maintain the accuracy of any personally identifiable information that may be collected from you, and will use our commercially reasonable efforts to promptly update our database when you tell us the information in our database is not accurate. It is your responsibility to ensure that such information is accurate, complete and up to date. You may obtain from us, by mail or email, the information in our records concerning yourself and the information you have provided to us about you. If you wish to make any changes to any personally identifiable information you have provided to us, you may do so at any time by contacting us at contact@coconutnick.com. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or that would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Opt out
By opting in to text alerts from CN you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in. Consent is not a condition of purchase. Message & data rates may apply.
If you would like to be removed from the CN text list you must reply STOP to opt-out. This is the exclusive method for opting out. After texting STOP you will receive one additional message confirming that your request has been processed. Text HELP for help or contact support by emailing contact@coconutnick.com. To see how CN collects and uses your personal information, review this Privacy Policy/ Terms Of Service and SMS Program Terms and Conditions. This document additionally governs your participation in the SMS Program.
Children
In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501-06 and 16 C.F.R. §§ 312.1-312.12, we do not knowingly collect information from children. By using the Site, you represent that you are not under 18 years of age. No one under 18 years of age may provide any information to the Site.
Third-party sites
From time to time, Coconut Nick may reference or provide links to Third-Party Sites. We encourage you to review the privacy policy of any Third-Party Site with which you choose to interact. Please be aware that Coconut Nick does not control, nor are we responsible for, the privacy policies or information practices of Third-Party Sites.
Protecting your personally identifiable information
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your information, especially all personally identifiable information, we cannot guarantee the security of your personal information transmitted through the Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
Business transfer
Coconut Nick may, in the future, sell or otherwise transfer some or all of its assets to a third party. The personally identifiable information and/or technical information we obtain from you via the Site may be disclosed to any potential or actual purchasers of such assets and/or may be among those assets transferred.
Acceptance of these terms
This Privacy Statement is incorporated into and subject to the terms of the Coconut Nick Terms of Use. By using the Site and voluntarily providing your personally identifiable information to us, you consent to the collection and use of such personally identifiable information as set forth in this Privacy Statement. If you do not agree to the terms of this Privacy Statement, please do not provide us with any information and do not use the Site.
California Consumer Privacy NoticeLast Revised: March 17th, 2021
This Notice provides you with our practices regarding the collection, use, and disclosure of your personal information. This Notice applies only to consumers who reside in the State of California. We adopt this Notice to comply with the California Consumer Privacy Act (“CCPA”), to the extent applicable to our business, and any terms defined in the CCPA have the same meaning when used in this Notice. This Notice is to be read together with, and supplements, the information we provide in our Privacy Statement above.
Collection and Disclosure of Personal Information. The following chart summarizes our personal data collection, use, and sharing practices in the preceding 12 months.
CCPA Category - Identifiers (such as your name, postal or email address, phone number, and Internet Protocol address).
Source of Collection - You
Third Parties with Whom We May Share This Information
• Service providers
• Affiliates
Disclosed for a Business or Commercial Purpose - Yes
CCPA Category - Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) (such as your name, address, telephone number, education, and employment history).
Source of Collection - You
Third Parties with Whom We May Share This Information
• Publicly-available websites
• Service providers
• Affiliates
Disclosed for a Business or Commercial Purpose - Yes
CCPA Category - Commercial information (such as cookie data).
Source of Collection - You and your device
Third Parties with Whom We May Share This Information
• Service providers
• Affiliates
• Internet cookie data recipients
Disclosed for a Business or Commercial Purpose - Yes
CCPA Category - Internet or other similar network activity (such as cookie data).
Source of Collection - You and your device
Third Parties with Whom We May Share This Information
• Service providers
• Affiliates
• Internet cookie data recipients
Disclosed for a Business or Commercial Purpose - Yes
CCPA Category - Geolocation data.
Source of Collection - You and your device
Third Parties with Whom We May Share This Information
• Service providers
• Affiliates
• Internet cookie data recipients
Disclosed for a Business or Commercial Purpose - Yes
CCPA Category - Professional or employment-related information (such as current or past job history or performance evaluations).
Source of Collection - You
Third Parties with Whom We May Share This Information
Publicly-available websites
• Service providers
• Affiliates
Disclosed for a Business or Commercial Purpose - Yes
CCPA Category - Inferences drawn from other personal information (such as when you “like” a post on our social media platforms or cookie data).
Source of Collection - You and your device
Third Parties with Whom We May Share This Information
• Service providers
• Affiliates
• Internet cookie data recipients
Disclosed for a Business or Commercial Purpose - Yes
Coconut Nick has disclosed personal information to third parties in the past 12 months for the business purposes identified in “How is your information used? Sharing information” above.
No Sale of Personal Information. In the preceding 12 months, we have not sold any personal information.
For more information on what information we collect, see “What Information does Coconut Nick Collect from you?” above. For more information about how your information is used, see “How is your information used?” above.
Your Right to Know, Access, and Delete Your Personal Information.
The CCPA grants California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. Companies are prohibited from discriminating or retaliating against consumers who exercise their rights under the CCPA.If you are a California resident, you have the following rights under the CCPA, and you may request that we:Inform you about the categories of personal information we collected from you, the categories of sources, and the business purposes for collecting that personal information.
Provide individualized disclosures if and when Coconut Nick ever sells your personal information or discloses it for business purposes.
Delete the personal information we collect from you, unless an exception applies under the CCPA.
Do not sell your personal information at any time (the “right to opt-out”), if you are 16 years of age or older.
If you would like to make any such requests, please contact us at the phone number or email provided below. You may be asked to verify your identity, as we take the security and confidentiality of your personal information very seriously.
“Shine the Light” Notice
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to contact@coconutnick.com.
EffectivenessThis Privacy Statement is effective as of March 17th, 2021. We reserve the right, at any time, to modify, alter, or update this policy, and any such modifications, alterations, or updates will be effective upon posting. In the event we modify this Privacy Statement, your continued use of the Site will signify your acceptance of the modified Privacy Statement.
Questions?Questions regarding this Privacy Statement should be directed to contact@coconutnick.com.
