Privacy Policy

PIER 39 Limited Partnership (PIER 39) takes your privacy seriously. Please read the following to learn more about our privacy policy which summarizes PIER 39’s data protection practices generally and advises visitors to PIER 39’s website about the privacy policies applicable to them. This privacy policy is specifically addressed to parties who visit PIER 39’s website (www.pier39.com) (the “Website”) and who provide personal information to PIER 39 through pages available on the Website.

What This Privacy Policy Covers

• This policy covers how PIER 39 treats information that it collects and receives from visitors to the Website, including information related to your past use of the Website. Website visitor information is not identifiable to any specific person, but rather is identifiable only at the IP address level. An IP address is a number assigned to the computer which is requesting a web page from the PIER 39 site. Usually it is not your personal computer, but a computer used by your internet service provider or company network.
• This policy also covers “cookies” which are text files sent by a web server and placed on your computer by your web browser. The Website uses cookies to track visitors to the Website and identifies users that revisit the Website in the future. You may reset your browser to refuse all cookies or to allow your browser to alert you when a cookie is set. However, if you select these settings you may be unable to access certain portions of the Website. Unless you have adjusted your browser settings so that it will refuse cookies, PIER 39’s system will issue cookies when you enter the Website. For more information on how to manage cookies you should use the ‘help’ menu of your web browser or contact your browser’s customer support section.
• PIER 39 also collects your email address, name, address and phone number (the “Personal Information”), only when you voluntarily provide that information to PIER 39 through its Website.
• This policy does not apply to the practices of companies that PIER 39 does not own or control, including most of the shops, restaurants and attractions at PIER 39, or to people that PIER 39 does not employ or manage. This policy also does not apply to third party websites with links available on the Website. The privacy policies for those third-party websites will control your relationship with those entities.

Information Collection and Use

General

• PIER 39 collects website visitor information when you visit the Website pages or you voluntarily enter your Personal Information on the Website. Pier 39 does not collect your Personal Information unless it is voluntarily provided and you consent to the use of your Personal Information as explained on the Website.
• PIER 39 automatically receives and records information on our server logs from your browser, including your IP address, PIER 39 cookie information, and the page(s) you request. PIER 39 may set and access PIER 39 cookies on your computer, but advertisers or other companies do not have access to PIER 39′s cookies.
• PIER 39 uses information it collects for the following general purposes: to customize the advertising and content you see, improve our services, contact you, conduct research, and provide anonymous reporting for internal clients. When requested by you, PIER 39 also uses your email address to send you communications about PIER 39 promotions.

Children

Notice: Click here for important information about Web safe surfing from the Federal Trade Commission. PIER 39 does not knowingly collect, maintain or process Personal Information submitted through its Website by anyone under the age of 18. If you are under 18, please do not attempt to send any Personal Information about yourself to PIER 39. If we learn that we have collected Personal Information from anyone under the age of 18, we will delete that information as quickly as possible. If you believe someone under the age of 18 may have provided us with their Personal Information, please contact us at [email protected].

Information Sharing and Disclosure

• PIER 39 does not rent, sell, or share Website visitor information, except as follows: PIER 39 may provide Website visitor information to pre-screened affiliates who work for or with PIER 39 under confidentiality agreements. PIER 39 does not otherwise disclose Personal Information to unrelated parties except to our agents or data processors or others acting on our behalf and our direction, subject to appropriate confidentiality, privacy and information security commitments provided by the receiving party, where we believe it necessary to provide a service to you which you have requested, as permitted or required by law, or as otherwise authorized or directed by you.
• Pursuant to California Civil Code section 1798.83, PIER 39 does not disclose your Personal Information to third parties for use in their direct marketing.
• If you no longer wish to receive PIER 39′s newsletter and promotional communications, you may opt-out of receiving these communications by clicking the “unsubscribe” link at the bottom of PIER 39′s email newsletters.
• We may share your information when responding to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
• We share information when we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of PIER 39′s terms of use, or as otherwise required by law.
• We may transfer information about site visitors if PIER 39 is acquired by or merged with another company.
• You have the right to review, amend, correct or delete the Personal Information you have provided to us. If you change your mind about receiving information from PIER 39 or have any questions or concerns about the use of information volunteered by you, please send us a request specifying your new choice to [email protected].

Confidentiality and Security

• Except as noted, we limit access to your Personal Information to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We train employees about the importance of confidentiality and maintaining the privacy and security of your Personal Information.
• We have physical, electronic, and procedural safeguards to protect your Personal Information. PIER 39 does not guarantee that these safeguards will always work or that its security measures are infallible.
• In certain areas PIER 39 uses industry-standard SSL encryption to protect data transmissions.
• The Website is hosted and operated, and information obtained by PIER 39 (including Personal Information) is stored, in the United States in a secure environment.

Legitimate business interest under the GDPR

For visitors to the Website who are currently located in the European Union (“EU Visitors”) , the processing of Personal Information shall always be in line with the General Data Protection Regulation (“GDPR”) and in accordance with the country-specific data protection regulations applicable to such information. When provided to us, we collect EU Visitors’ Personal Information in furtherance of our legitimate interest to carry out our business in favor of the well being of PIER 39. Our use of your Personal Information is based on the legitimate grounds that:

• The use is necessary in order to fulfill our commitments to you under this Privacy Policy.  The use is necessary for compliance with a legal obligation.
• The use is necessary in order to protect your vital interests or those of another person or entity.
• We have a legitimate interest in using your information (as described in this Privacy Policy).
• You have given us your consent.

The GDPR includes the following rights for EU Visitors to the Website who provide their Personal Information to PIER 39 in connection with their use of the Website:

• The right to be informed about how we store, use or share your data.
• The right to access your data.
• The right to rectify your data.
• The right to have us erase your data.
• The right to prevent us from processing your data.
• The right to request copies of your data from us in a commonly-used and machine-readable format, free of charge, for the purpose of transfer to a third party, where technically feasible.
• The right to object to the use or sharing of your data.The right not to be subject to automated decision-making, including profiling.

PIER 39 is a “data controller” as defined under the GDPR, that is, the legal entity that determines the purposes and means of the processing of your Personal Information. PIER 39 is responsible for collecting your consent, managing consent-revoking, enabling right to access, etc. If you wish to revoke consent for us to store, use, or share your Personal Information you may contact us at [email protected].

• PIER 39 is also the “data processor” as defined under the GDPR, or the legal entity that processes the Personal Information you have provided to us.  PIER 39 maintains records of any processing activities it performs, and is able to show how it complies with data protection principles of the GDPR. It has effective policies and procedures in place.
• PIER 39 has internal policies and procedures in place to effectively detect, report and investigate a data breach. The GDPR defines a personal data breach as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data.” Without undue delay, and within 72 hours if feasible after becoming aware of a data breach, PIER 39 will notify the applicable data protection authorities (“DPAs”) of a personal data breach where the breach is likely to present a risk to data subjects. PIER 39 will communicate high-risk breaches to affected data subjects without undue delay and provide you with: (i) contact details of the contact person at PIER 39, (ii) a description of the nature of the breach, (iii) likely consequences of the breach, (iv) measures the organization has taken or proposes to take to address the breach, and (v) advice on steps that EU data subjects can take to protect themselves.
• PIER 39 is not required to designate a data protection officer because PIER 39’s processing operations do not require the regular and systematic monitoring of EU data subjects on a large scale . Questions regarding PIER 39’s compliance activities may be directed to us at [email protected].
• We will retain your Personal Information for a period of four (4) years. If, at any time after agreeing to this Privacy Policy, you: (1) change your mind about receiving information from us; (2) wish to revoke permission for us to retain and use your Personal Information; (3) wish to object to processing of your Personal Information; or (4) wish for us to erase a copy of your data, please make a request to us at [email protected]. If you request erasure of your data, we may retain some of your Personal Information only for legitimate business interests, such as fraud detection, prevention, and enhancing the safety of our Website; and to comply with our legal obligations, specifically our tax, legal reporting, and auditing obligations. Please note that if you request to have your Personal Information erased you will no longer receive special offers or communications about events and activities from PIER 39.
• If you make any requests regarding your Personal Information, we will not charge you for compliance with the request. PIER 39 will respond and comply within one month. PIER 39 reserves the right to refuse or charge for requests that are manifestly unfounded or excessive. If we refuse your request, we will tell you why we are refusing your request. You have the right to complain to the relevant supervisory authority and to a judicial remedy, but you must do so within one month of our refusal. Before you make any such complaint, we ask that you contact us so that we can attempt to resolve the issue you may be experiencing.
• Without prejudice to any other administrative or judicial remedy, every EU Visitor shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement of the data if the subject considers that the processing of personal data relating to him or her infringes on the GDPR. Before you make any such complaint, we ask that you contact us so that we can attempt to resolve the issue you may be experiencing.

Changes to this Privacy Policy

PIER 39 may update this policy from time to time without notice. We will notify you about significant changes by placing a prominent notice on our site.

Questions and Suggestion

• If you have questions or suggestions about this policy or your experience at PIER 39, please contact us at [email protected].
• This privacy policy is effective as of May 25, 2018.

By using this Website you agree to the terms and conditions in this Privacy Policy. If you do not agree to this policy you should not use or visit this Website. Use of this Website, this privacy policy and any other relationship between PIER 39 and its users is governed by the laws of the State of California or, in the case of our EU Visitors, the GDPR. You agree to arbitrate any dispute arising out of your use of this Website, such arbitration taking place in San Francisco, California at JAMS.