Last Updated: September 2023
Information We Collect
Information You Provide to Us When you request a Service or sign up for notifications or subscriptions, we collect the information about you that you provide to us, including your name, email address, physical (postal) address, telephone number, job title and work location name, user name, contact preferences, billing information and other information requested by the form in which you have made your request. If you purchase a product or subscribe to or request a service, we may collect credit card information such as credit or debit card number, billing address, expiration date, account holder if not yourself and CVV code. Credit card information is encrypted and sent to our credit card processor. We do not store credit card information. If you submit user contributions, such as posts, testimonials, requests or comments, we will collect those as well.
Purposes of Collection
We collect this information that you provide to us voluntarily to provide you with access to the Website, to our Services, to fulfill a request by you for our products and Services or to allow you to communicate with us and other visitors to the Website through comments and posts. We may also collect this information and maintain it to comply with applicable laws, regulations or our contractual obligations. We may also use your information to enable user-to-user communications, manage user accounts, send information to you about our products and Services or those of our third-party business partners and advertisers, or to enforce our Terms of Service and provisions of our contracts with third-parties or for such business purposes as analytics, to respond to user inquiries or legal, law enforcement or governmental agency requests.
Information Automatically Collected
Data that we regularly collect about visitors to the Websites may include your name, email address, IP address, browser type, pages accessed, duration of visit and device type. We also collect data about certain internet usage by you through Cookies, as described in the Cookies section below, and through your interactions with chatbots (including prompts and questions posed to the chatbots, along with any attachments or links in those questions or prompts). We may also collect data regarding the device you used to access the Website or the Services; information from an app you use to access the Services; geolocation data; and data obtained through the use of pixels and third-party applications, tools and platforms.
We may also automatically collect the following categories of personal information enumerated in the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) including device and personal identifiers, including name, alias, postal address, email address, phone number, account name, IP address, and other similar identifiers and demographic information, including your age and gender. We may also obtain information about you from social media and other sites and platforms if you access our website or Services through one of those sites.
Purposes of Collection In addition to the collection purposes described in the previous section, we may also use information automatically collected to deliver cross-context behavioral advertising to you (for which you may opt out if you are a resident of California as described below by requesting that we Do Not Share your personal information) and to evaluate the effectiveness and operations of our products and Services. We may also share your personal information with artificial intelligence (AI) developers but only when the developers agree to protect and secure it in writing as required by applicable laws and regulations.
Controlling Your Personal Information
We may make available to users messaging and other interactive features. You should be aware that when you voluntarily disclose personally identifiable information (e.g., user name, e-mail address) to third parties via the Service, that information, along with any substantive information disclosed in your communication, can be collected, correlated, and used by third parties. Such activities are beyond the control of Company.
Disclosures: With Whom We May Share Your Information
We may disclose your personal information to third parties from time to time, including advertisers, business partners and, through the use of pixels, your access to our Website and Services through third-party platforms (i.e., Facebook and Google) as discussed within this Policy and other means, in our sole discretion. For this reason, you should not disclose information to us that you do not want shared with third parties. In addition to the forgoing, we will disclose your Personally Identifiable information as we believe is reasonably necessary to comply with law, regulation, or other governmental authority or to prevent harm to yourself or others. We may also contract with various third parties who help us provide and maintain the Service and to provide targeted advertising services. For example, we use a third party to host the Websites, the Service and associated databases, and may subcontract out production, fulfillment, or other operations such as marketing and advertising. In these cases, we will use commercially reasonable efforts, including written agreements, to prevent such third parties from disclosing your personal information, except as required for the purpose of providing the services in question. We may also share your Personal Information with subsidiaries and related business units, Finally, we may disclose your personally identifiable information upon a transfer or sale to another entity of all or substantially all of Company’s stock or assets related to the Service, or upon any bankruptcy or other corporate reorganization.
We have implemented commercially reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access. steal, or modify your information Although we will do our best to protect your Personal Information, transmission of Personal Information to and from our Services is at your own risk. You should only access the Services within a secure environment.
Collection of Information from Children
Our services are not intended for use by individuals under the age of 16 (Minors). In addition, we comply with the Children's Online Privacy Protection Act (COPPA), which requires the consent of a parent or guardian for the collection of personally identifiable information from children under 13 years of age. We do not knowingly collect personally identifiable information relating to children under 13 years of age. In the event that we learn that we have collected personally identifiable information from anyone under 13 years of age without prior parental consent, we will take steps to promptly delete such information.
Data Retention and Deletion
We retain Personal Information we collect only for the time period necessary to complete the business purposes for which the information was collected, or as required by applicable laws or regulations. When that time period expires, we delete the information pursuant to our Data Retention and Deletion Policy.
If you are located in the European Economic Area, the United Kingdom or Switzerland, you may have the right to:
Request access to and receive information about the Personal Information we maintain about you for our own purposes, to ask us to update and correct inaccuracies in your Personal Information, to restrict or to object to the processing of your Personal Information, to have the information anonymized or deleted, as appropriate subject to exceptions in applicable laws, or to obtain an electronic copy of the Personal Information we have collected pertaining to you and to exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
Withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time and free of charge. We will apply your preferences going forward, but this will not affect the lawfulness of the processing before your withdrawal of consent. These rights may be limited in some circumstances by local law requirements or derogations (exceptions) in local law or the General Data Protection Regulation (GDPR). If you are a resident in the European Economic Area or the United Kingdom, the "data controller” of your personal information is Eastern Mountain Sports. Company has appointed Manfred Van Ursel to be its representative in the EEA. You can contact them directly regarding the processing of your information by visiting https:/twww.nathantrust.com/, or by post to:
9 Exchange Place Dublin, Leinster 314738 Ireland
International Visitors and Customers
The Service is hosted in the United States. If you are visiting from the European Union (EU) or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and by providing your personal data you consent to:
- \The transfer of your personal data to the United States as indicated above.
If you are a resident of Canada, you are advised that your Personal Information may be transferred outside Canada and stored in countries in which Canadian federal and provincial laws do not apply.
No Error - Free Performance
Disclosures for California Residents
Residents of California have the right to request a disclosure describing what types of Personal Information we have shared with third parties for their direct marketing purposes, and with whom we have shared it, during the preceding calendar year. You may request a copy of that disclosure by contacting us at Eastern Mountain Sports, 160 Corporate Court, Meriden, CT 06450 Attn: Customer Service--- Disclosures for California Residents or custom[email protected] Subject: Disclosures for California Residents.
Do Not Sell or Share My Personal Information
Company does not sell Personal Information, but the CCPA defines sale more broadly than the traditional sense of an exchange of data for money and may encompass transactions in which we may disclose your Personal Information. CPRA defines “Share” as the disclosure of Personal Information for use in cross-context behavioral advertising. Accordingly, you may, subject to exceptions in CCPA and CPRA, request that Company not “sell” or “share” your Personal Information by submitting this request to us at Eastern Mountain Sports, 160 Corporate Court, Meriden, CT 06450 Attn: Customer Service--- Do Not Sell or Share My Personal Information. or customerservic[email protected] Subject: Do Not Sell or Share My Personal Information.
To exercise these rights, you may contact us at [email protected] or at 203-379-2233 Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent Please contact us via email or at 203-379-2233. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.
CCPA comprises provisions that explicitly prohibit us from making any adverse decisions about you or your account based upon your exercise of this right (“non-discrimination”). Notice of Collection In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA: Identifiers, including name, alias, postal address, email address, phone number, account name, IP address, and other similar identifiers, demographic information, Sensitive Information including your age and gender and those categories of Personal Information set forth in the Information We Collect sections of this Policy.
Right to Know and Delete
If you are a California resident, you have the right to delete the personal information we have collected from you and know Company in information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us: The categories of personal information we have collected about you; • The categories of sources from which the personal information was collected; • The categories of personal information about you we disclosed for a business purpose or sold; • The categories of third parties to whom the personal information was disclosed for a business purpose or sold; • The business or commercial purpose for collecting or selling the personal information; and • The specific aspects of personal information we have collected about you.
To exercise any of these rights, please contact us at [email protected] In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request in a timely manner. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
Right to Opt-Out
You have the right to opt-out of receipt of communications from us. You may submit a request to opt-out please by contacting us at [email protected]. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
We do not knowingly “sell” the personal information of minors under 16 years old who are California residents without appropriate authorization.
Shine the Light
Customers who are residents of California have the right to request a disclosure describing the categories of personal information we have shared with third parties for their direct marketing purposes, and with whom we have shared it, during the preceding calendar year. You may request a copy of that disclosure by contacting us as set out in the “Contact Us” section above and specifying that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.