Privacy policy

Last Updated March 2025

Welcome to Chillshark!

Chillshark Inc. (“we” or “us” or “Chillshark”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.chillshark.com and other Internet sites, mobile apps, and social media sites (collectively, the “Sites”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use these Sites. By accessing or using these Sites, you agree to this privacy policy. This policy may change from time to time. Your continued use of these Sites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

In the event that you provide any personal data on behalf of another person or entity in connection with or as part of your use of the Sites, you understand that it is your responsibility to obtain all right, permission, authority and consent that may be required under applicable law to provide this personal data to us and allow us to use, handle and share this personal data in the manner set forth in this Privacy Policy or the Terms of Use.

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information that can uniquely identify an individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

Device information

• Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
• Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
• Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
• Disclosure for a business purpose: shared with our processor Shopify.

Order information

• Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number.
• Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
• Source of collection: collected from you.
• Disclosure for a business purpose: shared with our processor Shopify. 

Activity data

• Examples of Personal Information collected: If you use the Chillshark device or app and provide your consent, then, where applicable, we will collect and upload relevant health information such as heart rate, heart rate variability, sleep duration, respiratory rate, skin temperature and data such as the type of activity engaged in and duration of.  This data is aggregated, de-identified, and then used to train data models for recovery protocols. 
• Purpose of collection: This information is collected to answer important questions about the cold plunge experience and create tailored suggestions for our customers to maximize the benefits of their experience with Chillshark products and promote and develop thought leadership in the area of physical and mental recovery.  Chillshark will use this data to create even better experiences for our customers and identify and share cutting edge recovery insights.
• Source of collection: collected from you.
• Disclosure for a business purpose: Activity data will never be voluntarily disclosed to third parties, including to government entities or civil litigants without a valid, narrowly tailored, and legally-binding request.  If a request is made for Chillshark customer activity data, we will provide notice to the customer by sending an email to the email address we have on file for that customer.

Data Security

We make commercially reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of personal data. The safety and security of your information also depend on you. Where you have chosen a password for access to certain parts of these Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. You should also help protect your data by limiting access to your computer or device and browser; and signing off after you have finished accessing your account.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to these Sites. Any transmission of personal information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures contained on the Sites.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present these Sites and their contents to you.
• To provide you with information, products, or services that you request from us or otherwise to facilitate the business relationships we have with you;
• To create and manage your account;
• To fulfill an order placed through these Sites; for billing and payments;
• To notify you about changes to these Sites or any products or services we offer or provide through it;
• We may send you a newsletter or other email marketing communications about our products and services to invite you to participate in our events or surveys or otherwise communicate with you for marketing purposes;
• To communicate with you about your account, activities on the Sites, and other administrative matters such as policy updates;
• To provide support and assistance for the Sites;
• To improve the Sites, including testing, research, internal analytics and product development;
• Personalizing the Sites, web content and communications based on your preferences;
• Doing fraud protection, security and debugging;
• Enforcing any agreements with you;
• In any other way, we may describe when you provide the information;
• To comply with any applicable law and/or regulations;
• For any lawful business purpose;
• For any other purpose with your consent.

We will keep hold of your data for no longer than necessary. Where we retain data (e.g., to comply with a legal obligation, to complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with laws, provide a good or service that you have requested, or reasonably anticipated within the context of our ongoing business relationship, or otherwise perform a contract between you and us), we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law..

You can unsubscribe from our email communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us, or contact us using the details provided under the Contact Information.

Children’s Privacy

We are committed to complying with the Children’s Online Privacy Protection Act (COPPA). These Sites are not directed to individuals under the age of thirteen (13), and we request that they not provide personal data through the Sites. If you would like to learn more about COPPA, visit the Federal Trade Commission home page at http://www.ftc.gov. We do not intentionally collect personal information from children. If you are the parent or guardian and believe your child has provided us with personal information, please contact us at the address below to request deletion.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

• We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
• We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Promotional Communications

We communicate with you about products, services, and events offered by Chillshark and others, request feedback, and send news, gifts, or other information we think will be of interest to you (assuming you opt in where required by law). The legal basis for this processing is our legitimate interest in providing information about products and services that may be of interest to you unless applicable law requires us to obtain your consent, in which case we will do so.

You may opt out of receiving promotional emails from Chillshark by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Behavioral Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

• We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://policies.google.com/privacy?hl=en.You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
• We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by:

• FACEBOOK - https://www.facebook.com/settings/?tab=ads
• GOOGLE - https://www.google.com/settings/ads/anonymous
• BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads]

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Lawful basis

Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

• Your consent;
• The performance of the contract between you and the Site;
• Compliance with our legal obligations;
• To protect your vital interests;
• To perform a task carried out in the public interest;
• For our legitimate interests, which do not override your fundamental rights and freedoms.

Retention

When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.

Automatic decision-making

If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.

Services that include elements of automated decision-making include:

• Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
• Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.

Selling Personal Information

We DO NOT sell Personal Information.

What Are Your Rights 

GDPR

If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.

Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.

CCPA

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

Cookies

We use a number of different cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript, including functional, performance, advertising, and social media or content cookies (collectively, “cookies”). Cookies make your browsing experience better by allowing the website to remember your actions and preferences to enable our servers to recognize your web browser, tell us how and when you visit and use our Sites, analyze trends, learn about our user base and operate and improve our services. This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

We use the following types of cookies:

Essential Cookies. Essential cookies are required for providing you with features or services that you have requested. For example, certain cookies enable you to log into secure areas of our Sites. Disabling these cookies may make certain features and services unavailable.

Functional Cookies. Functional cookies are used to record your choices and settings regarding our account, maintain your preferences over time and recognize you when you return to our Sites. These cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

Performance/Analytical Cookies. Performance/Analytical cookies allow us to understand how visitors use our Sites. They do this by collecting information about the number of visitors to the Sites, what pages visitors view on our Sites and how long visitors are viewing pages on the Sites. Performance/Analytical cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Sites’ content for those who engage with our advertising. For example, Google LLC (“Google”) uses cookies in connection with its Google Analytics services. Google’s ability to use and disclose information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt out of Google’s use of cookies by visiting the Google advertising opt-out page at https://www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.

Retargeting/Advertising Cookies. Retargeting/Advertising cookies collect data about your online activity and identify your interests outside of your use of Sites so that we can provide advertising that we believe is relevant to you.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as https://www.allaboutcookies.org. Please also note that you may opt out and we honor certain technologies broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) depending on the state you are in. This occurs on the browsers and/or browser extensions that support such a signal. This request will be linked to your browser identifier only. Please note that, because there has been no agreed industry standard, we do not respond to or honor Do Not Track signals or similar “do not track” mechanisms transmitted by web browsers.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes to Our Privacy Policy

Please revisit this page periodically to stay aware of any changes to this privacy policy, which we may update from time to time. The date the policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting these Sites and this privacy policy to check for any changes. Your continued use of these Sites after the revised Policy has become effective indicates that you have read, understood, and agreed to the current version of the Policy.

Contact

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at help@chillshark.com.

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority.