Privacy Policy App
Updated August 7th, 2024
At Ober Adventure, LLC (“Ober Adventure”, “we”, “us”, or “our”), your privacy is our priority. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Ober Adventure mobile application (“App”) in accordance with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
By downloading and using our App, you agree to the collection and use of information in accordance with this policy.
I. Information We Collect
We may collect and process the following categories of information:
A. Personal Information
Personal identifiers including:
• Full name;
• Email address;
• Phone number;
• Payment information;
• Booking history;
• Emergency contact information; and
• Government-issued ID (if required for specific activities)
B. Location Data
Location services will be required to be enabled if you wish to utilize the App’s walking directions or in-venue messaging features. If you opt in, we may collect your location:
• To provide navigation, trail maps, and local services;
• To send safety or weather alerts;
• To assist emergency responders; and
• To provide other information relevant to your use of the App or use of Ober Adventure activities and services.
C. Device and Usage Data
Automatically collected information includes:
• Device type and operating system;
• IP address;
• App usage statistics; and
• Crash logs and diagnostic information to help provide better support for users of the App.
II. How We Use Your Information
We process your data for the following lawful purposes:
Purpose Legal Basis (GDPR)
To provide services and process bookings Performance of a contract
To personalize your experience Legitimate interest
To send safety and operational updates Legitimate interest
To improve the App and resort services Legitimate interest
For marketing and promotional communications (opt-in only) Consent
To comply with legal obligations Legal obligation
III. How We Share Your Information
We do not sell your personal data. We may share your information with:
• Service providers (e.g. cloud hosting, payment processors);
• Emergency services (in case of incidents);
• Government authorities (when legally required); and
• Marketing or analytics providers (only with your consent).
IV. Your Rights
If you are located in the EEA or UK (GDPR):
You have the right to:
• Access the personal data we hold about you;
• Correct inaccuracies;
• Request deletion of your data;
• Restrict or object to data processing;
• Withdraw consent at any time (where processing is based on consent); and
• Data portability (receive a copy of your data).
To exercise these rights, email us at: fun@obermountain.com
You also have the right to lodge a complaint with your local Data Protection Authority.
If you are a California Resident (CCPA/CPRA):
You have the right to:
• Know what personal information we collect and why;
• Access and delete your personal information;
• Opt out of the sale or sharing of personal information (we do not sell your data); and
• Limit use of sensitive personal information (we only collect what’s necessary for service).
To submit a request, contact us at:
Email: fun@obermountain.com
Phone: (865) 436-5423
We will respond to verified requests within 45 days.
V. Data Retention
We retain your personal data only as long as necessary to fulfill the purposes outlined in this policy, or as required by law.
VI. Data Security
We implement technical and organizational safeguards to protect your data, including encryption, secure payment processing, and limited access controls.
VII. International Transfers
If you access our App from outside the country where our servers are located, your information may be transferred internationally. For EEA/UK users, we use Standard Contractual Clauses or other lawful mechanisms for data transfers.
VIII. Children’s Privacy
Our App is not intended for children under 13 years of age (or under 16 years of age in the EU without parental consent). We do not knowingly collect data from minors without appropriate consent.
IX. Cookies and Tracking Technologies
We may use:
• Essential cookies – for App functionality.
• Analytics tools – to improve performance; and
• Location tracking – with your permission only.
You can manage your preferences in your device settings or via our in-App privacy controls.
X. Updates to This Policy
We may update this Privacy Policy from time to time. When we do, we will notify you by:
• Posting an updated version in the App; and
• Sending a notification or email (if appropriate).
XI. Contact Us
If you have any questions or would like to exercise your privacy rights, please contact:
Ober Adventure, LLC
Email: fun@obermountain.com
Phone: (865) 436-5423
Address: 1001 Parkway Suite 2
Gatlinburg, TN 37738
XII. Governing Law and Jurisdiction
This Privacy Policy is governed by the laws of the State of Tennessee, U.S.A. without regard to conflicts of laws principles. Any action you bring relating in any way to this Privacy Policy or any matters related to your use of the App shall be brought in either the State or Federal Courts located in Sevier County, Tennessee and you expressly consent to the jurisdiction of said courts. If any provision of this Agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby. Any cause of action you may have with respect to your use of the App must be commenced within one (1) year after the claim or cause of action arises, otherwise the cause shall be forever barred. Access or use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
XIII. Your Consent
Food and Beverage Mobile Ordering – Text Ordering Status
By giving your phone number, you agree to receive a text when your food or beverage order is ready. This is not an opt-in for future messages. We don’t use your phone number for anything else.
By using our App, you consent to our Privacy Policy and agree to its terms.