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Submission: On September 02 via api from US
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Home > > Customer Service
PRIVACY POLICY
Last Updated: March 12, 2021
Thank you for visiting our Privacy Policy (“Privacy Policy”). This Privacy
Policy applies to Personal Information (defined below) collected on any and all
websites associated with Boardriders, Inc., and its affiliates, subsidiaries and
brands, including Quiksilver, Billabong, Roxy, DC Shoes, RVCA, Element,
VonZipper, Honolua, Dot Dash and the Boardriders Foundation (the “Company,”
“we,” or “us”), and all affiliated domains that link to this Privacy Policy,
through any related mobile application, through computerized devices in stores
and in-store data collection forms, and at physical retail locations where the
Privacy Policy is posted (collectively referred to herein as the “Sites”). This
Privacy Policy also explains the choices you have about the way this information
is collected and used.
PLEASE READ THIS PRIVACY POLICY CAREFULLY BECAUSE BY ACCESSING THE SITES AND/OR
CREATING AN ACCOUNT WITH US, YOU ARE CONSENTING TO THE COLLECTION, USE,
DISCLOSURE, TRANSFER AND STORAGE OF PERSONAL INFORMATION OR OTHER INFORMATION
RECEIVED BY US AS A RESULT OF SUCH USE IN ACCORDANCE WITH THIS PRIVACY POLICY.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE
DO NOT USE THE SITES.
Please note that this Privacy Policy is subject to an arbitration provision,
requiring—except where and to the extent prohibited by law, which may include
the province of Quebec—you to arbitrate any claims you may have against the
Company on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT
YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR
CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR
REPRESENTATIVE CAPACITY.
1. INFORMATION COLLECTED
When you use our Sites, we collect your Personal Information and non-Personal
Information. The types of information we collect from you depends on the Sites
and the features you use on the Sites. “Personal Information” refers to
information that identifies, relates to, describes, is reasonably capable of
being associated with, or could reasonably be linked, directly or indirectly,
with a particular person or household. Please note that over time, non-Personal
Information may become Personal Information due to regulatory developments,
technological advancements or the co-mingling of personal and non-Personal
Information. The various types of information we collect from you may include:
* Purchase Information: We may collect your name, billing address, shipping
address, email address, telephone number, credit card number and expiration
date when you make a purchase. This information is used to provide the
products and services that you have ordered or requested, to process and ship
orders, to send order and shipping confirmations (or other transactional
information) and/or to provide customer service.
* Information Collected In-Store: We may collect your name, email address,
mailing address, zip code, and preferences if you complete a form within the
store. This information will be used to provide you with products that may be
of interest to you and to provide you with information that you request.
* Account Information: We may collect your name, email address, mailing
address, zip code, date of birth, and gender if you create an account with
us. This information will be used to help you keep track of your orders, to
keep you updated about special offers, updates related to the Sites, and to
facilitate checkout during purchases.
* Information for Commercial Communications: We may collect your name, email
address, mailing address, gender, and birth date if you sign up to receive
promotional emails from us. This information may be used to contact you about
sales, special offers and new features available through the Sites.
* Information Relating to Inquiries: We may collect your name and email address
if you contact us with a question or request a Live Chat with us. This
information may be used so that we can respond to your question or contact
you should we disconnect from our Live Chat.
* Information for Promotions: We may collect your name, email address, and
other contact information if you participate in a promotion (e.g., contest,
sweepstakes) that we sponsor. This information will be used to fulfill the
terms of the promotion and to contact you regarding promotional and special
offers, sales, and new features available through the Sites. It will also be
subject to the terms accompanying such promotion.
* Survey Information: We may collect your name, age, zip code, shopping habits,
email address and/or mailing address if you choose to participate in one of
our on-line surveys. This information will be used to help provide us with
relevant information about our consumers.
* Usage Information: We may collect usage information passively, while you are
visiting or interacting with the Sites. We call this “passive” collection
since you may not know that this information is being collected when you
visit or interact with the Sites. This information may consist of the
following items: Site visitors’ IP address, IP address-related information,
system Media Access Control address, network configuration information,
network device information, browser plug-in type and versions, and operating
system. Additionally, like any online site or service, our mobile application
automatically collects certain information such as your IP address, device
information (e.g., the unique identifier of your mobile device, hardware
model, operating system version, mobile network information), and the URL
from which you access our application. You are not required to affirmatively
submit any Personal Information to us in connection with the general use of
our mobile application, unless you make a purchase through the application,
in which case you must create an account.
* Information from Other Websites, Including Mobile Applications and Social
Media Platforms: If you use a social media platform or your mobile device (or
other method of communication) to interact with the Sites, that platform or
application may have a specific privacy policy that governs the use of
Personal Information related to it. For example, if you use a mobile
application and your mobile device’s settings allow it, we may collect mobile
location information from your device. Our application may be designed to
collect information even if you are not logged into the application or the
Sites. If you have questions about the security and privacy settings of your
mobile device, please refer to instructions from your mobile service provider
or the manufacturer of your device to learn how to adjust your settings. We
do not control the data collection or privacy practices of the application
stores from which you download our mobile application, or of any third-party
platform through which you access our Sites or contact us. You should review
the privacy policy and terms of use of any third-party site or mobile
application store before using or downloading any application and review and
use available controls and settings on your device to reflect your
preferences.
* Information from Other Sources: We also may obtain, collect and aggregate
information (including Personal Information) provided to us by our marketing
service providers and other vendors. That information may include information
on current subscribers or customers, and is used for a number of things
including enabling us to send you the most relevant, timely and exciting
offers and announcements specifically tailored for you and your interests. Of
course, you can update your information or change your preferences regarding
receiving announcements and other information from us at any time by
accessing your account via the Sites. (For more information, see below
section entitled How To Access, Correct and Update Your Personal Information?
California residents may also see the section entitled Your California
Privacy Rights.)
2. COOKIES AND OTHER SESSION IDENTIFIERS
Like many sites, we, and third parties we allow, utilize a technology called
"cookies." A cookie is a piece of information that is placed on your browser
when you access the Sites. In many cases, the information collected using
cookies (and related technologies) are used in non-identifiable ways, without
any reference to Personal Information. For example, we use information we
collect about users of the Sites to optimize our Sites and to understand traffic
and usage patterns. In other cases, we associate the information we collect
using cookies and related technologies with Personal Information. In that case,
this Privacy Policy governs how we use that information.
Cookies help provide additional functionality to the Sites and help us to more
accurately analyze usage of the Sites. For instance, the Sites may set a cookie
on your browser that allows the Sites to remember you during future visits. We
use cookies to monitor and to maintain information about your use of the Sites.
Cookies are also used to track the identity of the website you visited
immediately prior to visiting the Sites; other than that, we do not track
information about your use of other websites. Cookies also allow us to hold
selections in a shopping cart when a user leaves the Sites without checking out.
Cookies are not used on the Sites to store your account information as this
information is stored securely on a server. When you log in at the Sites with
your username and password, we will assign you a secure session ID. The server
then passes your information to you through this secure session ID. Cookies may
be session cookies (i.e., last only for one browser session) or persistent
cookies (i.e., continue in your browser until they are deleted or expire). Some
of the cookies we use may be flash cookies or Adobe cookies. While they are
harmless, they may contain demographic information and depending on your browser
these cookies may not normally be deleted when your cookies are deleted. Please
check your browser to determine where these types of cookies are stored and how
they may be deleted.
Google Analytics — To help facilitate the delivery of relevant content, we use
Google Analytics and have implemented all Google Advertising Features, including
Remarketing, Impression Reporting, Demographics, and Interest Reporting. Google
Analytics uses cookies to report on user interactions on our websites. We use
the data collected for optimizing marketing, refining advertising, and generally
making advertising more effective. To learn more about Google Analytics privacy
practices and opt-out mechanisms, please visit the Google Analytics Security and
Privacy Principles page at
https://support.google.com/analytics/answer/6004245?hl=en>. Google also provides
a complete privacy policy and instructions on opting-out of Google Analytics at
https://tools.google.com/dloage/gaoptout.
Adobe Analytics — We also use Adobe Analytics. For further information on Adobe
Analytics and to opt out, please click here:
https://www.adobe.com/privacy/opt-out.html.
Third Party Advertisers — We may use advertisers, third-party ad networks, and
other advertising companies, to serve advertisements on our Sites and on
third-party websites. Please be advised that such advertising companies may
gather information about your visit to our Sites (such as through cookies, web
beacons and other technologies) to enable such advertising companies to market
products or services to you, to monitor which ads have been served to your
browser and which web pages you were viewing when such ads were delivered.
Depending on the particular advertising services they provide, these third-party
advertising companies may employ first-party cookies or third-party cookies.
Unlike third-party cookies, first-party cookies are hosted on the Company’s
servers. If you would like more information about this practice and to know your
choices please visit http://www.networkadvertising.org/managing/opt_out.asp or
http://preferences.truste.com/truste/. PLEASE NOTE THAT THIS PRIVACY POLICY DOES
NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.
While we recommend that you leave cookies turned on as they allow you to take
advantage of some of the features of the Sites, you have the ability to control
the use and moderation of our cookies. However, if you elect not to allow
cookies to be placed as provided herein, you may not be able to use or to enjoy
all of the services and features of the Sites. Specifically, you can configure
the settings on your browser (i) to receive notifications when you are receiving
new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to
your Web browser’s help section for information on how to do this.
3. HOW WE USE THE INFORMATION COLLECTED
We may use the information we collect as necessary and to fulfill your requests,
including in the following ways:
Access and Use: If you provide Personal Information in order to obtain access to
or use of the Sites or any functionality thereof, we will use your Personal
Information to provide you with access to or use of the Sites or functionality
and to monitor your use of the Sites or specific functionalities.
Internal Business Purposes: We may use your Personal Information for internal
business purposes including, without limitation, to help us improve the content
and functionality of the Sites, to better understand our users, to improve the
Sites, to protect against, identify or address fraudulent activities, to manage
your account and to provide you with customer service and to generally manage
the Sites and our business.
Marketing: We may use your Personal Information to contact you for certain
marketing and advertising purposes, including, without limitation, to inform you
about offers, contests or surveys which may be of interest to you and to display
content and advertising on or off the Sites which may be of relevance to you. If
you wish to change or update your Personal Information or to change your
subscription preferences, you may do so as provided herein. We also use your
Personal Information for other marketing reasons, such as administering our
loyalty programs.
Specific Reason: If you provide Personal Information for a certain reason, we
may use the Personal Information in connection with the reason for which it was
provided. For instance, if you contact us by email, we will use the Personal
Information you provide to answer your question or to attempt to resolve your
issue and will respond to the email address from which the contact came.
Aggregated Information: In an ongoing effort to better understand and to serve
the users of the Sites, we (either directly or working in concert with our
marketing services providers) may conduct research on our customer demographics,
interests and behavior based on Personal Information and other information that
has been provided or received by us. For example, we may combine information
about visitors to the Sites to determine how best to target our marketing and
the products that we offer in certain areas of the country. This research may be
compiled and analyzed on an aggregate basis and this aggregate information does
not identify you personally and is not classified or treated as Personal
Information under this Privacy Policy.
4. HOW WE SHARE YOUR INFORMATION
We may share the information described in Section 1 above to the following
categories of third parties in the following circumstances:
Order Fulfillment and Fraud Protection: If you choose to make a purchase on the
Sites, we may collect from you your credit card number, billing address and
other information related to such purchase, and we may use such collected
information in order to fulfill your purchase. We may also provide such
information, or other Personal Information provided by you, to unaffiliated
third parties as necessary to complete your purchase (for example, to process
your credit card). In addition, we may share your Personal Information with
fraud protection services to assist us in preventing fraud and protecting our
customers from credit card fraud.
Business Transfers: As with any business, it is possible that as our business
develops, we might sell, assign, buy, transfer or otherwise acquire or dispose
of certain businesses or corporate assets. In the event of such or similar
event, Personal Information may be part of the transferred assets. In the event
that all or part of our assets are sold or acquired by another party, or in the
event of a merger, you grant us the right to assign your Personal Information
collected via the Sites, and you acknowledge and agree that any successor to or
acquirer of us and/or our eCommerce service provider will continue to have the
right to use your Personal Information and other information in accordance with
the terms of this Privacy Policy.
Subsidiaries and Affiliates: We may also share your Personal Information with
our subsidiaries and/or affiliates. Our subsidiaries and affiliates will be
bound to treat and to maintain any Personal Information in accordance with this
Privacy Policy.
Agents, Consultants and Related Third Parties: As noted above with respect to
our eCommerce service provider, we sometimes engage other companies to perform
certain business-related functions on our behalf so that we can focus on our
core business. Examples of these services include, but are not limited to,
payment processing and authorization, fraud protection and credit risk
reduction, product customization, order fulfillment and shipping, marketing and
promotional material distribution, website evaluation, data analysis and, where
applicable, data cleansing. In connection with services those partners provide
for us, we may provide or otherwise give them access to certain Personal
Information. We employ a vetting process to assess our partners’ data protection
practices.
Third-Party Marketers, Partners, and other Third Parties: We may also share your
Personal Information with other marketers, partners, and other third parties,
whose products or services we feel may be of interest to you. These third-party
marketers, partners, and other third parties may use your Personal Information
for their own purposes, or further disclose your information to other third
parties. If you prefer that we not share your Personal Information with these
types of parties, please email us at privacy@boardriders.com.
Legal Requirements: We may disclose your Personal Information if required to do
so by law (including, without limitation, responding to a subpoena or request
from law enforcement, court or government agency) or in the good faith belief
that such action is necessary (i) to comply with a legal obligation, (ii) to
protect or defend our rights, interests or property or that of other customers
or users, (iii) to act in urgent circumstances to protect the personal safety of
users of the Sites or the public or (iv) to protect against legal liability or
potential fraud, as determined in our sole discretion.
5. HOW TO ACCESS, CORRECT AND UPDATE YOUR PERSONAL INFORMATION
You can access, correct and/or update certain Personal Information that you have
provided to us by clicking on "Update Account" within the "My Account" area of
the Sites. California residents may also refer to the section entitled Your
California Privacy Rights.
6. STEPS TAKEN TO KEEP YOUR INFORMATION SECURE
We take commercially reasonable measures to ensure the security and
confidentiality of your Personal Information. We have implemented information
security measures that contain administrative, technical and physical controls
that are designed to reasonably safeguard your Personal Information. Even though
we have taken and will continue to take significant steps to protect this
information, no company, including us, can fully eliminate all security risks
associated with Personal Information. Please understand that no data
transmission over the Internet can be guaranteed to be 100% secure.
Consequently, we cannot ensure or warrant the security of any information you
transmit to us. Understand that any information that you transfer to us is done
at your own risk. We recommend that you take additional measures to protect
yourself, including by installing anti-virus software, closing browsers after
use, keeping your passwords confidential, and making sure that you regularly
update software and apps. If we learn of a data security system breach, we may
attempt to notify you electronically so that you can take appropriate protective
steps. By using the Sites or providing Personal Information to us, you agree
that we can communicate with you electronically regarding security, privacy, and
administrative issues relating to your use of the Sites. We may post a notice
via the Sites if a security breach occurs. We may also send an email to you at
the email address you have provided to us in these circumstances. Depending on
where you live, you may have a legal right to receive written notice of a data
privacy or security breach. If you have reason to believe that your Personal
Information that we have collected or our system security has been breached,
please notify us by e-mailing privacy@boardriders.com.
7. YOUR CHOICES AND INDIVIDUAL RIGHTS
You have several choices available when it comes to your Personal Information.
We will honor the choices you make regarding your Personal Information. If you
have created and maintained a user account on the Sites, you will be able to
sign in and update your account (including contact) information. You may also
write to us at the address provided in Section 16 to update your contact
information or to change your subscription preferences. In addition, you may:
Limit the Personal Information You Provide: You can use the Sites and limit the
Personal Information you provide either by disabling cookies or by not
registering an account with us. If you choose to limit the Personal Information
you provide and/or to disable cookies, you may not be able to use certain
functionalities of the Sites. For instance, in order to purchase goods and
services on the Sites, payment and shipping information must necessarily be
provided.
Manage Your Subscription Preferences: We may send your information by email or
text message. If you provide your mobile phone number and ask to receive
information by text message, we may provide information in that manner.
Additionally, we may send automated text messages (if you provide consent).
Where you consent to receive automated text messages from us, please note that
your consent includes consent to receive both autodialed and/or pre-recorded
telemarketing text messages or non-automated messages from or on behalf of the
Company and its affiliated companies at the telephone number you provided. You
further understand that consent is not a condition of purchase and that message
and data rates may apply. Additional terms and conditions, including message
frequency, are provided at sign-up for any automated messages.
Opt Out of Marketing Emails and Texts: For email marketing, you will have an
opportunity to change your subscription preferences by clicking on an
"unsubscribe" hyperlink contained in all promotional emails sent by us or on our
behalf. Please note that while we honor all subscription requests as timely as
possible, it may take up to ten (10) business days to become effective. Please
be aware that even if you opt-out of receiving future promotional
communications, you may, if you utilize the eCommerce features of the Sites, be
sent certain transactional communications related to the purchase or shipment of
items purchased. Thus, if you order online, we will send you an email confirming
your order and may need to contact you by phone, email or regular mail if we
have questions about your order. Additionally, an opt-out will not remove you
from messages that we are required to send under relevant laws or regulations.
You may ask us not to contact you by text message at any time by responding to a
text message after it is received. For automated text messages, you will have
the opportunity to opt-out by replying “STOP” to any message received. Please
note that you hereby consent to receiving a confirmatory message in response to
any opt-out request. We will process your unsubscribe request as soon as
possible, but please be aware that in some circumstances you may receive a few
more messages until the unsubscribe request is processed.
Social Media & Other Public Platforms: You may also manage the sharing of
certain Personal Information with us when you connect with us through a social
media platform or application, such as through Facebook Connect. Please refer to
the privacy settings of the social media website or application to determine how
you may adjust your permissions and manage the interactivity between us and your
social media platform(s) or application(s). That said, we want you to be aware
that when you post information to public forums, including publicly viewable
social media platforms, that information will become available to all who access
such platform pages. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION
IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR
THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND
OTHER PUBLIC POSTING AREAS.
8. LINKING TO OR FROM ANOTHER WEBSITE
The Sites may contain links to other websites not operated or controlled by us
(the "Third-Party Sites"). The policies and procedures set forth herein do not
apply to any Third-Party Sites. We are not responsible for the privacy practices
or content of such Third-Party Sites. We are not responsible for the actions of
these Third-Party Sites; rather, the owners and operators of all Third-Party
Sites are responsible for all Personal Information provided, collected,
maintained, stored or otherwise disclosed on those sites, if any. The links on
the Sites do not imply that we endorse or have reviewed the Third-Party Sites,
including their privacy policies, if any. If you have any questions about how
these Third-Party Sites’ use your Personal Information, we strongly encourage
contacting those sites directly for information on their privacy policies and
practices.
If you have accessed the Sites through a link from certain of our advertising or
marketing partners, the Sites may include a frame of the applicable advertising
or marketing partner. Nevertheless, the information you provide to us through
these framed Web pages is collected by us, and our use of such information is
governed by this Privacy Policy.
9. HOW WE RESPOND TO DO NOT TRACK SIGNALS
Please note that our Sites do not support “Do Not Track” browser settings and do
not currently participate in any “Do Not Track” frameworks that would allow us
to respond to signals or other mechanisms from you regarding the collection of
your Personal Information.
10. INFORMATION COLLECTED FROM CHILDREN
Protecting the privacy of children is extremely important to us. The Sites are
directed toward a general audience and are not directed at nor intended for use
by children under the age of 13. We do not knowingly collect or intend to
collect Personal Information from anyone who is under the age of 13. If you are
under the age of 13, you should not provide any Personal Information to us. We
encourage parents and legal guardians to monitor their children’s Internet usage
and to help enforce our Privacy Policy by instructing their children never to
provide Personal Information through the Sites. If you have reason to believe
that a child under the age of 13 has provided Personal Information to us, please
contact us through the methods provided in Section 16 and we will endeavor to
delete that information from our databases.
11. ACCESSING THE SITES FROM OUTSIDE OF THE UNITED STATES
If you are visiting our Sites from outside the United States, please be aware
that you are sending information (including Personal Information) to the United
States where our servers are located. We will hold and process your Personal
Information in accordance with privacy laws in the United States and this
Privacy Policy. Please note that privacy laws in the United States may not be
the same as, and in some cases may be considered less protective than, privacy
laws in other countries. United States privacy laws may provide more limited
recourse mechanisms, including dissimilar or, at times, weaker data protection
rights. Therefore, by providing your Personal Information, you consent to the
collection, use, and sharing of your Personal Information as set forth in this
Privacy Policy and to the transfer of your Personal Information to the United
States as indicated above, in accordance with applicable law.
12. CHANGES REGARDING THIS PRIVACY POLICY
The Sites and our business may change from time to time. As a result (and for
other business and/or technological reasons), it may be necessary for us to make
changes to this Privacy Policy. We reserve the right to update, change, amend or
modify this Privacy Policy at any time and from time to time without prior
notice. When we do, we will also revise the "Last Updated" date at the top of
this Privacy Policy. Please review this policy periodically, and especially
before you provide any Personal Information.
If we make any material changes to this Privacy Policy (as determined by us), we
will post a notice on the Sites notifying users of the changes and providing an
opportunity for you to take action relative to those changes prior to their
implementation. In some cases, we also may send an email notifying registered
users of upcoming changes.
This Privacy Policy was last updated on the date indicated above. Your continued
use of the Sites after any changes or revisions to this Privacy Policy become
effective shall indicate your agreement with the terms of such revised and
then-current Privacy Policy.
13. DISPUTES AND AGREEMENT TO ARBITRATE
Except where and to the extent prohibited by law, which may include the province
of Quebec, by using the Sites, you and the Company agree that, if there is any
controversy, claim, action, or dispute arising out of or related to your use of
the Sites, or the breach, enforcement, interpretation, or validity of this
Privacy Policy or any part of it ("Dispute"), both parties shall first try in
good faith to settle such Dispute by providing written notice to the other party
describing the facts and circumstances of the Dispute and allowing the receiving
party 30 days in which to respond to or settle the Dispute. Notice shall be
sent:
* to the Company at: Boardriders, Inc., Attention: Legal Department, 5600
Argosy Circle, Building #100, Huntington Beach, CA 92649; and
* to you at: your last-used billing address or the billing and/or shipping
address that we may have on file for you.
Both you and the Company agree that this dispute resolution procedure is a
condition precedent that must be satisfied before initiating any litigation or
filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY
THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE
JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN
INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT
HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND
THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Other rights that you and we would have in court will not be available or will
be more limited in arbitration, including discovery and appeal rights. All such
Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding
arbitration under its rules then in effect, before one arbitrator to be mutually
agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have
exclusive authority to resolve any dispute arising under or relating to the
interpretation, applicability, enforceability, or formation of this Privacy
Policy, including any claim that all or any part of this Privacy Policy is void
or voidable.
14. CHOICE OF LAW
This Privacy Policy has been made in, and shall be construed in accordance with,
the laws of the State of California, without giving effect to any conflict of
law principles. The parties acknowledge that this Privacy Policy evidences a
transaction involving interstate commerce. Notwithstanding the provision in the
preceding paragraph with respect to applicable substantive law, any arbitration
conducted pursuant to the terms of this Privacy Policy shall be governed by the
Federal Arbitration Act (9 U.S.C. §§ 1-16).
15. YOUR CALIFORNIA PRIVACY RIGHTS
This section of the Privacy Policy applies if you are a resident of California
and use our Site.
The California Shine the Light Law grants California residents the right
to obtain certain information about the types of Personal Information that
companies with whom those individuals have an established business relationship
have shared with third parties for direct marketing purposes during the
preceding calendar year. In particular, that law provides that California
residents may request a copy of the Personal Information that we hold about
them. California residents may also request information regarding the categories
of Personal Information that have been shared with third parties, the names and
addresses of those third parties and examples of the types of services or
products marketed by those third parties. To request either a copy of the
information maintained by us about you or to request a copy of the information
disclosure provided by us during the preceding calendar year pursuant to
the California Shine the Light Law, please contact us via email
at privacy@boardriders.com, or by writing us at the address at the bottom of
this Privacy Policy. Please allow 30 days for a response to your request.
After January 1, 2020, The California Consumer Privacy Act of 2018 (CCPA) grants
residents of California certain rights pertaining to the Personal Information we
may collect and share with third parties for a business purpose. These purposes
may include: providing our products and services, maintaining and servicing
accounts, providing customer service, processing or fulfilling orders and
transactions, performing analytics and quality control, auditing transactions,
researching and testing features and improvements, detecting and preventing
fraud and security incidents, debugging or repairing technical errors, and
marketing our products.
The categories of information we have collected from California residents in the
past 12 months, the sources of that information, the business purpose for the
collection of that information, and the third parties to whom we may disclose
that information may include:
* Identifiers: We may collect your name, aliases, postal address, email
address, online identifier, Internet Protocol address, account name, or other
similar unique personal identifiers. We may collect this Personal Information
directly from you, indirectly from you (e.g., from observing your actions on
our website) or from third party service providers, such as a data analytics
provider. The business purposes for which we may collect this information may
include responding to an inquiry from you, providing information about
products or special offers, processing your orders, processing employment
applications or processing documentation required for legal purposes. We may
disclose this information to third parties, including, payment processors,
providers of internet, marketing, and administrative services.
* Personal information categories listed in the California Customer Records
statute (California Civil Code § 1798.80(E)): We may request credit card
signatures, infer physical characteristics from information you provide
regarding style selections and clothing or footwear sizes, and credit card or
debit card number. We collect this information directly from you. The
business purpose for which we may collect this information is to process your
order. We disclose this information to payment processors.
* Commercial information: We may collect information pertaining to products or
services purchased, obtained, or considered, or other purchasing or consuming
histories or tendencies. We may collect this information directly from you.
The business purposes for which we may collect this information may include
responding to an inquiry from you, providing information about products, or
special offers or to process your order. We may disclose this information to
third parties, including, payment processors, and providers of delivery or
marketing services.
* Internet or other similar network activity: We may collect information
related to browsing history, search history, information on a consumer’s
interaction with a website, application, or advertisement. We may collect
this information indirectly from you (e.g., from observing your actions on
our Site) or from third-party service providers, such as a data analytics
provider. The business purpose for which we may collect this information
includes providing targeted advertising and providing information about
products or special offers. We may disclose this information to third
parties, including, internet service providers, payment processors, and
advertising networks.
* Geolocation data: We may collect information pertaining to location. We may
collect this information directly from you. The business purposes for which
we may collect this information includes responding to an inquiry, processing
your order or to provide targeted advertising. We may disclose this
information to third parties, including, internet service providers and
advertising networks.
* Audio and visual information: We may collect video recordings made of
customers while they are visiting our stores. These recordings are maintained
in a deidentified, i.e., anonymized, form. We may collect this information
directly from you. The business purpose for which we may collect this
information includes providing customer service, for fraud prevention, and to
protect our legal rights. We may disclose this information to third parties
as needed to protect our rights and the rights and safety of our customers
and employees.
* Inferences drawn from other personal data: We may collect profiles reflecting
a person’s shopping preferences and behavior. We may collect this information
indirectly from you (e.g., from observing your actions on our Site), and from
third-party service providers, such as a data analytics provider. The
business purposes for which we may collect this information include improving
the online shopping experience for consumers. We may disclose this
information to third parties, including advertising networks, in aggregated
and/or deidentified, i.e., anonymized, form.
* Characteristics of protected classifications under California law: We may
collect information for human resources requirements related to age, race,
veterans status or gender. We may collect this information directly from you.
The business purposes for which we may collect this information includes
processing employment applications and maintaining employee records as
required by law (for more information on our collection of this category of
information, please visit the Boardriders Career website at
www.boardriders.com/careers/). We may disclose this information to third
parties, including providers of human resources administrative services.
If you are a California resident, the CCPA may grant you certain rights in
connection with the Personal Information we collect, including:
* You have the right to know and request, no more than twice in a 12-month
period, information about the categories of Personal Information we have
collected about you, as well as the categories of sources from which such
information is collected, the purpose for collecting such information, and
the categories of third parties with whom we share such information. You also
have the right to know if we have sold your Personal Information or disclosed
your Personal Information for a business purpose, and, if so, the categories
of Personal Information we sold or disclosed for a business purpose. You also
have the right to request the specific pieces of Personal Information we have
collected about you and the third parties to whom we may disclose Personal
Information. We will endeavor to respond to a verified request within
forty-five (45) days of its receipt. If more time is reasonably necessary to
provide you with the information you request, we may take an additional
forty-five (45) days to respond to your request, and will notify you in
writing of the reason(s) an extension is required.
* You have the right to “opt out” of the sale of Personal Information (or, for
consumers who are under 16 years old, the right not to have their Personal
Information sold absent their, or their parent’s (for consumers ages 13-5),
opt-in).
* You have the right to request that we delete your Personal Information. We
may retain your Personal Information, however, pursuant to one or more
exceptions provided by law.
* You have the right to non-discrimination. You have the right to receive equal
service and pricing from a business, even after exercising your rights.
To submit an access or deletion request, click here or call us at
1-877-837-3932. To opt-out of the sale of your Personal Information, click
here.
We verify your identity before completing your request for access or deletion,
and, may ask for you to confirm data points we already have about you. Note, the
right to opt-out does not need to be a verified request. We will only use
Personal Information provided in a request to verify the requestor’s identity or
authority to make the request. You may designate an authorized agent to make a
request on your behalf. Such authorized agent must be registered with the
California Secretary of State. We may deny a request from an agent that does not
submit written proof that they have been authorized by you to act on your
behalf.
16. CONTACTING US
If you have any questions, comments, or concerns regarding our Privacy Policy or
privacy practices, please send an email to privacy@boardriders.com, call us at
the number below, or write to us at the following address:
Boardriders, Inc.
Attention: Legal Department
5600 Argosy Circle, Building #100
Huntington Beach, CA 92649
Phone: 1-877-837-3932
Monday thru Friday 7am to 6pm (PST)
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