Privacy Policy

COLLECTION OF YOUR INFORMATION

We may collect information about you in a variety of ways. The information we may collect on the Site includes:

Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you register with the Site, or when you choose to participate in various activities related to the Site, such as online chat and message boards. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site.

Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.

Financial information, such as data related to your payment method (e.g., valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Site.

The Site may access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.

User information from social networking sites, such as Facebook, Google+, Instagram, Pinterest, Twitter, including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks.

Device information, such as your mobile device ID, model, and manufacturer, if you access the Site from a mobile device.

Information from third parties, such as personal information or network friends, if you connect your account to the third party and grant the Site permission to access this information.

Personal and other information you may provide when entering contests or giveaways and/or responding to surveys.

USE OF YOUR INFORMATION

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:

• Administer sweepstakes, promotions, and contests.
• Assist law enforcement and respond to subpoenas and other legal processes.
• Compile anonymous statistical data and analysis for use internally or with third parties.
• Create and manage your account.
• Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Site to you.
• Email you regarding your account or order.
• Enable user-to-user communications.
• Fulfill and manage purchases, orders, payments, and other transactions related to the Site.
• Generate a personal profile about you to make future visits to the Site more personalized.
• Increase the efficiency and operation of the Site.
• Monitor and analyze usage and trends to improve your experience with the Site.
• Notify you of updates to the Sites.
• Offer new products, services, and/or recommendations to you.
• Perform other business activities as needed.
• Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
• Process payments and refunds.
• Request feedback and contact you about your use of the Site.
• Resolve disputes and troubleshoot problems.
• Respond to product and customer service requests.
• Send you a newsletter.
• Solicit support for the Site.
• Engage in activities for which we have received your consent.
• Conduct legitimate business activities not otherwise prohibited by law.

DISCLOSURE OF YOUR INFORMATION

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.

We may share your information with third parties that perform services for us or on our behalf, including payment processing, shipping or delivery services, data analysis, email delivery, hosting services, customer service, and marketing assistance. For example, we use GlobalShopex to coordinate our international deliveries.

With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.

If you interact with other users of the Site, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.

When you post comments, contributions or other content to the Site, your posts may be viewed by all users and may be publicly distributed outside the Site in perpetuity.

We may share your information with our contractors, consultants, and service providers who process your information on our behalf to perform certain business-related functions and may be located wherever we operate. These companies may include, but are not limited to, marketing agencies, database service providers, backup and disaster recovery service providers, email service providers, and others. When we engage another company to perform such business-related functions that may require access to your information, these companies will agree to maintain the confidentiality, security, and integrity of such information in accordance with this Privacy Policy. Access to information that these companies receive will be limited to only information needed to successfully complete the business-related function they have been engaged by us for unless you expressly permit them to use your information for other purposes.

When you register for a race or event through an event page or through a page on our Site, we provide the information entered on the applicable page to the event organizer. If an event has a charity fundraising component to it, your information may be provided to that charity as well. An event organizer may appoint a third party, which may or may not be affiliated with the event organizer, to create an event page on its behalf, in which case, that third party may also have access to your information. By using our Site to register for an event, you agree that we are not responsible for the actions of these event organizers or third parties they use with regards to your information. It is important that you review the applicable privacy policies of the event organizers, and if applicable, their appointed third parties, before providing information in connection with an event.

We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to the Site and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.

We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

We may share your information with our business partners to offer you certain products, services or promotions.

If you connect to the Site through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity.

We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.

If we are involved in a merger, asset sale, financing, corporate divestiture, reorganization, or acquisition of all or some portion of our business to another company, or if we undergo liquidation or bankruptcy proceedings, we may share your information with third parties before and/or after the transaction closes or the proceedings are completed.

We may share your information with other third parties for which we have received your consent.

We may also share your information with other third parties as appropriate to conduct legitimate business activities not otherwise prohibited by law.

COOKIES, ADVERTISING AND ANALYTICS

We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site to help customize the Site and improve your experience. When you access the Site, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Site. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.

Additionally, we may use third-party software to serve ads on the Site, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

We may also partner with selected third-party vendors, such as Google Analytics, to allow tracking technologies and remarketing services on the Site through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site, determine the popularity of certain content and better understand online activity. By accessing the Site, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policies and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor or the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

You can control the information provided to Google and opt out of certain ads provided by Google by using any of the methods set forth at http://www.google.com/policies/privacy/partners/ or using the Google Analytics opt out browser add-on at http://tools.google.com/dlpage/gaoptout?hl=en.

You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

THIRD-PARTY WEBSITES

The Site may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Site, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Site.

SECURITY OF YOUR INFORMATION

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

POLICY FOR CHILDREN

We do not knowingly solicit information from or market to children under the age of 13. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical. If you believe that we have collected from children under age 13, please contact us using the contact information provided below.

We have no actual knowledge of any sales involving the personal information of minors under 16 years of age.

CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. If you set the DNT signal on your browser, we will respond to such DNT browser signals.

OPTIONS REGARDING YOUR INFORMATION

You may at any time review, correct or update the information in your account or terminate your account by:

• Logging into your account settings and reviewing or updating your account
• Contacting us using the contact information provided below

Upon your request to delete your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files for our internal administrative purposes, including to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

If your information has been shared with a third party, as described above, then that third party has received their own copy of your data. If you have been contacted by one of these third parties and wish to correct or request they delete your information, please contact them directly.

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

Residents of Canada may have additional rights regarding consent to receiving promotional or marketing communications. Please refer to the Residents of Canada section below for more information.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Site, you have the right to request removal of unwanted data that you publicly post on the Site. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site, but please be aware that the data may not be completely or comprehensively removed from our systems.

Under the California Consumer Privacy Act, California residents have the right to:

• Request that a business delete any personal information about the consumer which the business has collected from the consumer.
• Request that a business that collects personal information about the consumer disclose to the consumer, free of charge, the following:

• The categories of personal information that it has collected about that consumer.
• The categories of sources from which the personal information is collected.
• The business or commercial purpose for collecting or selling personal information.
• The categories of third parties with whom the business shares personal information.
• The specific pieces of personal information it has collected about that consumer.

• Request that a business that sells the consumer’s personal information, or that discloses it for a business purpose disclose, free of charge, to the consumer:

• The categories of personal information that the business collected about the consumer.
• The categories of personal information that the business sold about the consumer and the categories of third parties to whom the personal was sold, by category or categories of personal information for each third party to whom the personal information was sold.
• The categories of personal information that the business disclosed about the consumer for a business purpose.

• Direct a business that sells personal information about the consumer to third parties not to sell the consumer’s personal information.

You may submit a request under the California Consumer Privacy Act through the following methods:

• You may call us toll-free at 877-751-8880.
• You may email us at privacy@xterraplanet.com or write to us at: XTERRA Global, LLC, 830 NE Holladay Street, Portland, Oregon 97232.

To submit a request, we are required to verify your identity. Please be prepared to provide us with certain personal information. We will match the personal information that you provide to us with personal information that we already maintain about you in order to verify your identity. We may also need to contact you to confirm your request.

You may also designate an authorized agent to make such requests on your behalf by contacting us at privacy@xterraplanet.com.

We may not be able to honor each request that we receive, but if we are unable to do so, we will respond to let you know our reasons. We will not discriminate against you if you choose to exercise any of your rights as described in this section.

RESIDENTS OF CANADA

Under the Personal Information Protection and Electronic Documents Act, Canadian residents have the right to request that a business that collects personal information about the consumer disclose to the consumer, at minimal or no cost, the existence, use, and disclosure of his or her personal information by the business and be given access to that information, subject to certain exceptions. Canadian residents have the right to challenge or amend their personal information. You may submit a request under the Personal Information Protection Act by contacting us at the address or email address noted in the CONTACT US section at the bottom of this Privacy Policy. You may also designate an authorized agent to make such requests on your behalf.

We may not be able to honor each request that we receive, but if we are unable to do so, we will respond to let you know our reasons. We will not discriminate against you if you choose to exercise any of your rights as described in this section.

Personal information that you provide while in Canada will be transferred to the United States and may be accessible to law enforcement and national security authorities.

Under Canada’s anti-spam legislation (CASL), we may be required to obtain your express consent before sending you promotional or marketing messages by email or text message. Your express consent will be requested at the time you finalize your purchase on the website’s purchase page or when you provide us with your contact information, such as when you request information regarding our products or services.

RESIDENTS OF EUROPEAN UNION AND SWITZERLAND

This section of our Privacy Policy contains information for persons located in the European Union (“EU”), a European Economic Area (“EAA”) member state, or Switzerland. Before XTERRA collects any personal information from you, you are entitled under the EU General Data Protection Regulation (“GDPR”), to the information in this section of our Privacy Policy.

XTERRA collects your personal information to provide our products and services to you; otherwise, we may not be able to process the transactions you request. XTERRA will only process your personal information when XTERRA has a lawful basis for doing so. XTERRA will collect and process your personal information as necessary for the performance of a contract to which you are a party or because XTERRA has another legitimate interest in doing so relating to XTERRA’s business purposes arising from your relationship with XTERRA. XTERRA may also seek your prior consent or rely on some other lawful basis to process your personal information.

• Provide you with the products and services you request, view, engage with, or purchase;
• Communicate with you regarding your account or transactions with us; and
• Operate, understand, optimize, develop, or improve our sites, applications, products, services, and operations.

If you use this website and are located in the EU, EAA, or Switzerland, you are entitled by law to access, correct, amend, or delete personal information about you that we hold. A summary listing these rights appears below. Please note that these rights are not absolute and certain exemptions may apply to specific requests that you may submit to us.

• The right to access. You have the right to ask us for copies of your personal information. When making a request, please provide an accurate description of the personal information to which you want access. Where requests are repetitive or manifestly unfounded or excessive, we may charge a reasonable fee based on administrative cost.
• The right to rectification. You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
• The right to erasure. You have the right to ask us to erase your personal information in certain circumstances, including your personal information to be erased to comply with a legal obligation under EU or member state law.
• The right to restrict processing. You have the right to ask us to restrict the processing of your personal information in certain circumstances, including: (i) when the accuracy of the personal information is brought into question, or (ii) when we no longer need the personal information for purposes of the processing, but require such personal information for the establishment, exercise, or defense of a legal claim.
• The right to data portability. You have the right to ask that we transfer the personal information you gave us from one organization to another, or give it to you.
• The right to lodge a complaint with the supervisory authority. If you believe your rights under the GDPR have been violated, the GDPR gives you the right to file a complaint with your supervisory authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
• The right to withdraw consent. If XTERRA obtains your written consent to collect and process your personal information, you can subsequently withdraw such consent as to any further processing of information.
• Automated decision-making. To the extent that XTERRA engages in decision-making based solely on automated processing, including profiling, which produces legal effects concerning you or which significantly affects you, you have the right not to be subject to such decision-making.

To exercise these rights please contact us at privacy@xterraplanet.com. For your protection, we may need to verify your identity before responding to your request. In the event that we refuse a request, we will provide you a reason as to why.

You have the right to object to the processing of your personal information that is based on legitimate interests. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or we can demonstrate the processing is for the establishment, exercise, or defense of legal claims. You can object to the processing of your personal information by contacting us at privacy@xterraplanet.com.

Personal information that you provide while in the EU, an EAA member state, or Switzerland will be transferred to the United States. The GDPR permits such transfer when necessary for the performance of a contract between you and XTERRA, if XTERRA obtains your explicit consent to such transfer, or if it is in XTERRA’s legitimate interest to transfer the personal information. The laws in the United States may not be as protective of your privacy as those in your location. If we transfer personal information from the EU, we will provide an appropriate safeguard such as binding corporate rules, standard contractual clauses,  or your consent.

We will retain your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided. We may retain your personal information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, an unauthorized access, as necessary to protect our legal rights, or for certain business requirements.

RESIDENTS OF MEXICO

Under the Federal Law on the Protection of Personal Data Held by Private Parties, Mexican residents who do not want their personal data to be processed for any purpose other than for the purposes that are necessary to administer the services or products that you request with us may contact us at privacy@xterraplanet.com. The refusal to use your personal data for these purposes may not be a reason for us to deny the services or products that you request or contract with us.

Personal information that you provide while in Mexico will be transferred to the United States to the following people, company, organizations, and/or authorities other than us for the following purposes:

We require your consent for the transfers noted in the above table. The third party receivers noted in the above chart will assume the same data processing obligations as XTERRA.

CHANGES TO THIS POLICY

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.

CONTACT US

If you have questions or comments about this Privacy Policy, please contact us at:

XTERRA Sports Unlimited, LLC
c/o XTERRA Global, LLC
830 NE Holladay Street
Portland, Oregon 97232

Or by email: privacy@xterraplanet.com