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PRIVACY POLICY

Last modified: October 23, 2020

Welcome to the privacy policy (“Privacy Policy”) for Christy Sports, L.L.C., its subsidiaries and affiliates, including, Christy Sports Ski and Snowboard, Door 2 Door Ski & Snowboard Rental Delivery, Christy Sports Patio Furniture, the Alpineer, Powder Tools Board Shop, Bootdoctors, Cottam’s Ski Shops, Sturtevant’s, Flatiron Sports, and other affiliates (collectively, “Christy Sports,” “we,” “us” or “our”). We know this isn’t as exciting as a powder day (“Powder Day”), but data is a thing these days and we want to protect yours.

Christy Sports respects your privacy and is committed to protecting it through our compliance with this Privacy Policy which pertains to the Personal Data we collect about our customers in our stores (“Stores”), on our websites, via mobile apps, through interest-based online advertising, and technology platforms owned or operated by Christy Sports (collectively, the “Platform”), and via third party partners or service providers. Please read this Privacy Policy carefully to understand how we collect, use, share, and otherwise process information relating to you and your rights and choices regarding our processing of your Personal Data. We’re also just really curious to see who is actually reading this word for word, to be honest.

To the maximum extent permitted by applicable laws, BY ACCEPTING THE TERMS AND CONDITIONS OR BY USING OR ACCESSING OUR SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE OR CONSENT TO ANY OF THE TERMS OF THIS PRIVACY POLICY, YOUR ONLY RECOURSE IS TO DISCONTINUE ACCESSING OR OTHERWISE USING THE PLATFORM AND USING OUR SERVICES. SORRY THIS LOOKS SO AGGRESSIVE. WE ARE NOT YELLING AT YOU. CAPS LOCK JUST HAS THAT VIBE.

Please be advised: This Privacy Policy contains provisions that govern how claims you and Christy Sports have against each other can be brought (see Section 10 below). These provisions will, with limited exception, require you to submit claims you have against Christy Sports to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.

For any customers that are residents of the State of California, please see Section 6 for additional rights only available to residents of the State of California.

  1. Information Subject to this Policy

    Personal Data” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your household, such as your name, phone number, email, approximate geographic location of your computer or device, or postal address, and possibly information relating to certain support or customer service issues.

    “Personal Data” does not include:

    • information that is lawfully made available from federal, state, or local government records (i.e., “publicly available information”); and
    • consumer information that is de-identified or aggregate consumer information (“Aggregate Data”).

    From time to time, we will collect Aggregate Data about the use of the Platform or services we offer. This Aggregate Data represents a generic overview of our customers’ collective viewing habits and activities, and allows us and permitted third parties to modify information, promotions, offers, and/or discounts on services based on user traffic and behavior. We may collect this information using technologies such as “cookies”, which are discussed in greater detail below. No, we don’t mean the delicious pecan sandies that your mother used to make. We may also group this Aggregate Data to describe the use of our services to our existing or potential business partners or other third parties, or in response to a government request. We also may share Aggregate Data to business partners or third parties to enable the provision of targeted information. However, please be assured that Christy Sports uses commercially reasonable efforts to assure that this Aggregate Data will not personally identify you. That’s the difference between Aggregate and Personal Data, yo.

    While some experiences will not prompt a collection of Personal Data, you generally need to provide us with Personal Data to use most of our services, including to allow us to provide you with certain personalized or enhanced services. How we collect and store information depends on the services in which you elect to participate.

  2. INFORMATION COLLECTION

    1. Information You Provide Us

    2. We may collect certain Personal Data information from you in connection with your activities at Christy Sports, such as when you shop on our Platform or in our Stores. This information may include:

      • Contact and Related Information for Use of Most Services. When you use our services you may be required to give us your name, email address, billing address, and phone number, and additional information that enables you to use our services. Further, when you rent or purchase equipment from us we may ask you for name, email address, billing address, phone number, emergency contact, date of birth, gender, shoe size, skier/snowboarder type, and selection of equipment. You may be prompted to enter this information before using our services. When you enter such information, you represent and warrant to us that such information is accurate and that you have the right and authority to provide such information. I mean, common sense says we can’t fit you for the perfect boot without knowing your shoe size. That would prove to be very difficult.
      • Payment Information. Yes, we outfit you with everything you need to seek your stoke, but not for free. That’s bad for business. When you or your authorized party provide a credit card number or other payment method, a third party that processes payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers; however, we may store tokens as provided to us by the payment processor so that we can provide refunds and payment adjustments, as appropriate.
      • Information You Post. The Platform may provide an opportunity, among other things, for users to post images, “like” items, and publish reviews for products, all of which will become public and may include Personal Data information. We are not responsible for such disclosures you choose to make available in this manner, including with respect to Personal Data. What you put on the ‘Gram is on you.
      • Information You Submit. If you contact us directly, we may receive additional information about you. For example, when you contact customer support or place an order for merchandise or a reservation for a rental service, we may receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.
      • Phone Information. If you use the Platform on your mobile device or tablet, it may require special permission such as access to the camera, microphone, location, read and write access, external storage, network access, etc. Those permissions allow the Platform to work properly on your device. If you do not allow all required permission to the Platform, it may not work properly, however granting such access is your decision.
      • Survey Information and User Generated Information. We may also collect information and data provided by you from your responses to voluntary surveys for research purposes to improve our services. If you tag Christy Sports (and our affiliates) on third party social media, we may also collect user generated data that you post on third party social media sites. With your consent, we may post testimonials and user generated content on the Platform. We may also post or share news, events, results, marketing materials from individuals or companies. Requests to remove posted materials should be submitted to [email protected]. Reasonable efforts will be made to remove posts upon receiving written notice including unique identification of the content being asked for removal and positive confirmation of ownership rights over such content. We just want to make you insta-famous and give you that “influencer” status in the world of snow sports. Don’t hate the player, hate the game.
    3. Information We Automatically Collect From You

    4. We also collect information during the course of, or as a result of, your use of the Platform. Types of information we may automatically collect from you include:

      • Commercial Information. When you use our services we may collect commercial information such as records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies;
      • Location. In order to help you find a Store to best fit your needs and to keep track of your purchases and Stores you visit for internal business purposes, we collect your location data. When you visit a Store we may record your visit if you use our Services or through in-store beacon technology. When you open the Platform on your mobile device, we receive your location. We may also collect the precise location of your device when our mobile application is running in the foreground or background. If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application. Be advised that if you do not allow us to collect your location, the Platform may not work properly or at all.
      • Device Information. When you use the Platform, we may collect certain information automatically from your devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, and push notification tokens.
      • Interactions. To help us understand how you use the Platform and to help us improve it, we automatically receive information about your interactions with the Platform, such as the pages or other content you view, items you purchase, other purchase history, your actions within the Platform, and the dates and times of your visits.
      • Analytics. We may also use analytic tools, including Google Analytics, to collect information regarding your behavior and your demographics. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Platform by going to tools.google.com/dlpage/gaoptout.
      • All of this tech stuff helps us serve you better. Yes, it’s a little creepy. No, we’re not creeps with it.
      • Cookies and Similar Technology. Again, these are not the pecan sandies we talked about. The Platform may collect information automatically using electronic tools. For example, we may automatically collect non-personally identifiable information and data using “cookies.” Cookies are small text files a website uses to recognize repeat users, facilitate the user’s ongoing access to the Platform, and facilitate the use of the Platform. Cookies also allow a website to track usage behavior and compile site usage information that will allow for the improvement of content and target advertising. Most browsers allow you to control cookies, including whether to accept them and how to remove them. Truly though, cookies make your life easier, so you don’t have to enter every bit of information every. single. time. It’s like the internet just remembers you and appreciates you for exactly who you are. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that many features of the Platform will not function or may be slower if you refuse cookies. Life is short, always eat the cookie. You may occasionally get cookies from our advertisers or other third parties with links on the Platform. We do not control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry. Tracking technologies may record information such as Internet domain and host names; IP addresses; browser software and operating system types; clickstream patterns; and dates and times that the Platform is accessed. We may also use web beacons, clear gifs, or other similar technologies (collectively “pixel tags”). A pixel tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible and may be associated with cookies on the visitors’ storage drives. We may use pixel tags to track your use of the Platform for advertising, marketing, or promotional purposes, and to determine whether you opened an email message from us. This information also enables us to customize the services we offer.

      The Platform does not currently support Do Not Track, which is a privacy preference you can set in your web browser to indicate that you do not want certain information about your web page visits tracked and collected across websites.

      All of this tech stuff helps us serve you better. Yes, it’s a little creepy. No, we’re not creeps with it.

    5. Information We Collect From Third Parties (Not to be confused with “third wheel” meaning when you end up skiing awkwardly with a couple all day)

    6. We may also collect information from third parties or business partners. Types of information we may collect from third parties include:

      • Social Media Information. We may allow you to share our products and services on Facebook, Instagram, Pinterest, or other social media sites. If you decide to share one our products or services, we will get basic information from your social media profile like your name, gender, profile photo, and Facebook friends. This information is collected by Facebook and is provided to us under the terms of Facebook’s privacy policy which you can find here: https://www.facebook.com/policy.php. You can control the information that we receive from Facebook using the privacy settings in your Facebook account. You may also tag us in your social media posts, and if you tag us we may receive basic information from your profile listed above.
      • Third Party Information. We may receive additional information about you, such as demographic data, or fraud detection information, from third parties and combine it with other information that we have about you.
  3. HOW WE USE THE INFORMATION WE COLLECT

    We use all the information we collect from you to:

    • provide, improve, expand, and promote the Platform and our Stores;
    • help us provide you services you request;
    • process orders, service your account, and respond to your inquiries;
    • contact you with offers, coupons, and promotions that we think are relevant to you;
    • analyze how users use the Platform;
    • send you messages and push notifications regarding services you request;
    • personalize your experience with us;
    • facilitate the delivery of content or advertisements that we feel may be relevant to you;
    • provide you with customer support;
    • find and prevent fraud; and
    • respond to trust and safety issues that may arise.
    • generally make your life easier
  4. DISCLOSURE OF YOUR INFORMATION

    The following are the various ways your information may be shared:

    • Sharing Between Our Affiliates. We may share your information to our subsidiaries and affiliates listed above.
    • Sharing With Your Consent. We may share your information whenever you consent to such sharing.
    • Sharing For Promotions. We partner with various businesses to promote and provide special offers, promotions, and discounts (“Promotions”). We will share your information with our partners that are helping us provide such Promotions. We will share only that information necessary to provide you with Promotions, such as your email address, general geographic location, and name. As such, you may receive marketing emails from our business partners.
    • Sharing Due To Integration. If you connect to the Platform through an integration with a third party service, we may share information about your use of the Platform with that third party.
    • Sharing With Service Providers. We may sometimes use other businesses to perform certain services for us, such as hosting or maintaining the Platform, storing your information, processing payments, processing subscriptions, or providing marketing assistance and data analysis. We may provide Personal Data to service providers when that information is necessary for them to complete a requested transaction or otherwise perform their duties. We will take reasonable steps to ensure that these service providers are notified of their obligations to reasonably protect Personal Data on our behalf. Notwithstanding the above, we cannot guarantee that such service providers will adhere to the contractual obligations or acceptable business practices.
    • Sharing With Advertising Partners. Advertisements that appear on the Platform are supplied by our advertising partners. Information about your use of the Platform and information you supply to the Platform will be used to serve you ads. We share usage information with our advertising partners for this purpose. Our advertising partners who place ads on the Platform may also use cookies, pixel tags, and other means to collect non-personally-identifiable information.
    • Sharing With Third Party Websites. The Platform may allow you to connect with other websites, products, or services that we don’t have control over. If you use these services, we will provide the third party with information about you to allow them to provide the service to you. We can’t speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.
    • Sharing With Your Mom. Just kidding. We would never.
    • Complying With the Law. If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process, including, with law enforcement officials, government authorities, or third parties; if we think doing so is necessary to protect the rights, property, or safety of the Christy Sports community, Christy Sports, or the public, including to enforce or apply our agreements with you or another user, such as for billing and collection purposes. We may also share your information to comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures. We will do our best to contact you with notice of any required disclosures so that you can intervene at your sole cost and expense.
    • Other Ways We Share Your Information. We may share your information with our insurance partners to help determine and provide relevant coverage in the event of an incident. We may share your information to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about users of the Platform is among the assets transferred.

    Christy Sports will not sell, share, or rent your Personal Data, except as discussed above, as set out in this policy, as is explained to you at or before the time you provide Personal Data, or as required by law.

    When Christy Sports shares your Personal Data with third parties we take reasonable steps to ensure that these third parties are notified of their obligations to reasonably protect Personal Data on our behalf. However, we cannot guarantee that such third parties will adhere to the contractual obligations or acceptable business practices.

  5. YOUR CHOICES REGARDING YOUR PERSONAL DATA

    1. Email Subscriptions

    2. If you no longer want to receive email communications from us, you may unsubscribe by clicking the “Unsubscribe” link in our email. Should you continue to receive email communications from us after unsubscribing please contact us at [email protected] and provide us the email address and Platform information from which you wish to unsubscribe. Opting out of receiving emails may impact your use of the Platform. We may continue to send you transactional related emails for any transactions which you initiate.

      If you receive promotional emails from third parties, you will need to separately opt-out with such third party.

    3. Push Notifications

    4. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Platform.

    5. User Account

    6. If you create a User Account to use the Platform, you may be asked to choose a password for your account, in which case your User Account information shall be protected by your password. You should not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password or User Account. You can access and update information in your account profile at any time by logging into the Platform with your login name and password. Once you have logged in, you can update certain information such as your name, addresses, shopping preferences, photo, email, password, and security preferences.

    7. Location Information

    8. You can prevent your device from sharing location information at any time through your device’s operating system settings.

    9. Terminating Your User Account

    If would like to terminate your User Account, please contact us via [email protected] with your request. If you choose to terminate your account, we will deactivate it for you but may retain information from your account for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy for accounts that are not closed. We also may retain information from your account to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the Platform, assist with any investigations, prevent fraud, enforce our Terms of Use, or take other actions as required or permitted by law. If you read this paragraph in the voice of “The Terminator” then you did it right. Hasta la vista, baby.

  6. CALIFORNIA CONSUMER PROTECTION ACT

    This section of the Privacy Policy applies only to any natural person “enjoying the benefit and protection of laws and government” of California. If you live in California you have certain rights under the California Consumer Protection Act of 2018 (“CCPA”).

    In accordance with the CCPA, this Privacy Policy discloses:

    • what categories of Personal Data and the specific pieces of Personal Data we collect;
    • how that Personal Data is collected and how we use it;
    • the categories of Personal Data that are sold or shared with third parties;
    • the categories or types of third parties with whom Personal Data with whom we share Personal Data.

    As a California resident you can request a list of the Personal Data we collected from you, a list of the Personal Data we have shared with third parties, and a list of the names of third parties with whom we have shared your Personal Data. You may make such a request twice per year at no charge to you.

    You may also request that we do not sell or disclose your Personal Data to third parties. However, to provide you with most services we need to share certain aspects of your Personal Data with our third party service providers. Accordingly, such request may affect how you use and access the services we provide.

    You may also request that we, and any third parties with whom we have shared your Personal Data, delete all your Personal Data. Be advised that we may limit, postpone, or deny your request in order to: (i) facilitate any transaction that you initiate with us; (ii) comply with a legal requirement or process; (iii) comply with our security and safety measures; and (iv) comply with any other exception provided under the CCPA.

    To make any of the foregoing requests, email us at [email protected] with the subject line “California Consumer Protection Act,” or call (888) 413-6966 between 9:00 a.m. and 5:00 p.m. MT, Monday through Friday.

  7. CHILDREN’S PRIVACY

    We understand and share your concerns regarding your children’s access to Internet and the Internet’s access to your children. The Platform is not directed to children. Consistent with the Children’s Online Privacy Protection Act of 1998 (COPPA), we do not knowingly request or accept Personal Data submitted to the Platform by any visitor under 13 years of age.

  8. INFORMATION SECURITY

    The nature of our business means that the Personal Data collected through our Platform and Services will be transferred to the United States. Information we maintain is stored within the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. This site is subject to U.S. laws, which may not afford the same level of protection as those in your country. Also, our personnel and the third-parties to whom we disclose Personal Data are located in the United States. We have not adopted policies that comply specifically with the EU General Data Protection Regulation (GDPR).

    We employ customary industry practices to protect any personal information you have provided through the Platform. However, no method of transmitting or storing electronic data is completely secure, and therefore we cannot warrant or guarantee that such information will never be accessed or used by, or released to, unauthorized third parties or in a manner that is inconsistent with this policy.

  9. CLASS ACTION WAIVER AND BINDING ARBITRATION

    ANY ARBITRATION, ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS PRIVACY POLICY SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU SHALL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. THE ARBITER OR JUDGE MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED WITH YOU WITHOUT THE WRITTEN CONSENT OF Christy Sports.

    ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING UNDER OR RELATED TO THIS PRIVACY POLICY SHALL BE RESOLVED FIRST BY MEANS OF DIRECT DISCUSSIONS BETWEEN YOU AND Christy Sports. IF NOT RESOLVED PURSUANT TO SUCH DISCUSSIONS, THE CLAIM, DISPUTE, OR CONTROVERSY SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (THE “JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITER SHALL BE FOLLOWED, EXCEPT THAT THE ARBITER SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN COLORADO. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PRIVACY POLICY WILL BE CONDUCTED IN DENVER, COLORADO.

  10. Miscellaneous

    We reserve the right, at our sole discretion, to alter this Privacy Policy at any time without prior notice to any user, including to comply with privacy laws, regulations, and/or our own or industry standards, business practices, or otherwise. We encourage you to review this Privacy Policy each time you access or use the Platform or our services. Your use of the Platform or our services at any time, including after any change to this Privacy Policy, indicates your acceptance of this Privacy Policy and any change made to this Privacy Policy.

    Except as otherwise provided by law, (1) in no event will Christy Sports or its affiliates or service providers be liable for any accidental or inadvertent disclosure of Personal Data, (2) Christy Sports’s total liability for a violation of this privacy policy shall not exceed the direct damages proximately caused by the violation not to exceed $250.00, and (3) in no event will Christy Sports be liable for indirect, special, punitive, or consequential damages.

    THAT’S THE LAST OF THE CAPITAL LETTERS.

    This Privacy Policy shall be governed by and construed in accordance with the laws of the State of Colorado and the laws of the United States, without giving effect to any principles of conflicts of law.

    If any provision of this Privacy Policy is held invalid or unenforceable, the provision is intended to be enforceable to the maximum extent permitted under law and therefore the court or arbiter is requested to reform the invalid or unenforceable provision to render it enforceable to the maximum extent permitted. If the court or arbiter refuses to modify or reform the provision, then the provision shall be severed from this Privacy Policy with no effect upon the remaining provisions of this Privacy Policy.

    No waiver of any provision of this Privacy Policy by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this Privacy Policy shall not constitute a waiver of such right or provision.

    We do not make any representation that this Privacy Policy and such practices comply with the laws of any country outside the United States.

    If you have any questions or comments about this Privacy Policy or our privacy practices, or to report any violations of this Privacy Policy or abuse of the Platform or the Services, please contact us by mail or email at the following:

    Attn: Privacy Concerns

    Address:
    Christy Sports LLC
    875 Parfet Street
    Lakewood, Colorado 80215
    E-mail: [email protected]

    Now, please go enjoy the snow knowing that your information is in good hands.

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