WHAT IS PERSONAL INFORMATION?
When we use the term “Personal Information” we mean the information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, to you or otherwise defined under applicable laws. Subject to applicable laws, it does not include aggregated, deidentified, or information that does not identify or can be reasonably linked to you, as defined under applicable privacy laws.
WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?
Personal Information We Collect Directly from You
Contact and Account Information. We collect information from you when you register an account, order products, respond to a survey, enter a contest or sweepstakes, respond to a marketing message, join a loyalty program, use our customer service, join or comment on our social media sites, or for one of our retailers, if you sign a credit application with us, or otherwise provide us with your information. We collect from you information, such as your contact information (name, e-mail address, and telephone number) mailing and billing address, website username and password and financial account information.
Order and Product Information. When your order, purchase, return, get sized for or use our products or services we collect from you information, such as truncated payment information, purchase history, product purchases, product sizing information, player and coach information, gender, online identifiers, and other information we request from you or you provide to us, including information used to facilitate the processing of your orders or warranty requests or images of your body which we use to gather measurements on appropriate product sizes, as described in the “Game Fit Equipment Measurement and Performance Technology” below.
Customer Service Information. For support or product issues you may provide us with warranty, product or injury information. We do not collect your injury information without your consent or unless you provide it to us voluntarily.
Information You Post. We may collect Personal Information you post in a public space on our properties, such as ratings and reviews and user generated content.
Employment Information. When you apply for a job with us, we may collect Personal Information from you, such as your education, verifying your identity, confirming your work authorization, and other employment related information. On a voluntary basis, we may collect information, such as race, disability status, veteran status and ethnicity.
Personal Information that We Automatically Collect from You
Device and Online Activity Information: Like many websites, we collect information from you automatically across several websites, apps and devices using tracking technologies. The tracking technology is further described in the “Cookies and Similar Technologies” section below. We collect Personal Information through these technologies such as online identifiers, IP address, device ID and operating system, and online activity, shopping history, browsers that you are using, websites that you came from, type device that you are using, where you downloaded our app and how often you use it, browsing activity, other app usage, referring websites, and links clicked and other analytics data.
Geolocation Information: When you use our store locator, we collect from you imprecise geolocation information from your device.
Personal Information We Collect about You from Third Parties
We also collect information from you from Third Parties. We may receive information about you from social media networks, including Meta, X, TikTok, Instagram and You Tube, our digital advertising networks, or our business partners, such as an email, your name, or online identifier to receive our products or whether you read our ads. We may also receive information from our third party providers, such as public data and more, which may include your mailing address and demographic data, to send you a catalog about our products and services. For additional information see our Online Advertising and Third Party Tracking section below.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use information that we collect about you or that you provide to us, including any Personal Information:
- To operate, develop improve, and present our website, features and its contents to you, including personalizing your experience.
- To provide and improve our products and services.
- To fulfill orders, validate payments, and allow for repeat ordering.
- To process or locate shipments.
- To allow us to better service you and respond to your customer service requests.
- To understand your needs and preferences.
- To communicate with you about our products, services, and promotions.
- To administer or process your warranty or customer service requests.
- To determine your eligibility for jobs or certain products and services.
- For marketing and advertising purposes, including interest-based advertising, analytics sweepstakes and contests, subject to applicable laws.
- For technical support, to protect against fraud and for security purposes.
- For internal business purposes.
- To comply with applicable laws and regulations, contractual requirements and our policies.
- To notify you about changes to our website or applications or any products or services we offer or provide through it.
In addition to the uses above, we use online activity information (such as web browsing and app usage):
- To learn about website visitors and customers so we can tailor content, features, and functionalities to better serve your preferences.
- To research, develop, and improve our website, mobile applications, and online services.
- For marketing and advertising purposes, including interest-based advertising.
HOW DO WE DISCLOSE, SHARE OR SELL YOUR PERSONAL INFORMATION?
Your Personal Information will be disclosed, shared or sold for the purposes set forth herein or in accordance with applicable laws. We may disclose aggregated or deidentified information about our users, and information that does not identify or allow for the reidentification of any individual, without restriction.
We may also disclose, share, or sell, as defined under applicable laws, your Personal Information to others under the following limited circumstances:
- To our family of subsidiaries and affiliates within the Peak Achievement Athletics Inc. family of companies.
- To contractors, service providers, and other processors we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for specific purposes for which we disclose it to them.
- To a Cascade and Maverik dealer/retailer to manage and respond to orders and customer service inquires.
- To a buyer or other successor in interest 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 a about our website users is among the assets transferred.
- When necessary to protect against, and detect a fraud or security incidents. To cooperate with law enforcement officials, comply with any court order, law or legal process, including to respond to any government or regulatory request.
- To third parties and business partners for their business, marketing or advertising purposes, such as with social media sites when you respond to an ad there or advertising networks.
- To third parties that you direct us to share your Personal Information with.
- If we believe that a disclosure is necessary or appropriate to the rights, property or safety of Bauer, our customers or others or to comply with applicable laws and regulations.
- For any other purpose we may describe to you and as where necessary to which you consent.
HOW DO WE PROTECT YOUR PERSONAL INFORMATION?
We use a variety of technical, administrative and organizational security measures, including encryption of data, to maintain the safety of your Personal Information. Despite our efforts, no website, mobile application, or computer system is 100% secure or “hacker proof” so we cannot guarantee your information will never be accessed, used, or disclosed without authorization. We have taken certain steps designed to reduce the risk that the Personal Information that you provided to us will be misused, lost, disclosed or altered.
ONLINE ADVERTISING AND THIRD PARTY TRACKING
COOKIES AND SIMILAR TECHNOLOGIES
Certain cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the website and, as such, will last longer. You may learn more about cookies by visiting https://www.allaboutcookies.org.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off cookies. You may do this through your browser settings. Each browser is different, so look at your browser “help” menu to learn the correct way to modify your cookie settings. If you turn off cookies, you may not have access to features that make your website experience more efficient -- like the features mentioned above -- and some of our services may not function properly.
Changing cookies on your browser will not change the way you are tracked on a mobile device. You can adjust your tracking preferences on your mobile device through your device settings.
To learn more about how Google processes your data, please visit https://www.google.com/policies/privacy/
To opt out of Google Analytics please visit https://tools.google.com/dlpage/gaoptout.
When you visit our Site, read our emails or ads or otherwise engage with us, both we and certain third parties collect certain usage and device information about your online activities to provide you with advertising about products and services tailored to your individual interests. You may see certain ads on other websites because we participate in advertising and social media networks administered by third-parties. These networks track your online activities over time and across different sites by collecting information through automated means, including through the use of third party advertising cookies and pixel tags. The networks use this information to show you advertisements that are tailored to your individual interests, often called ad targeting or cross-contextual advertising. The information our ad network vendors collect includes information about your visit to our website, such as the pages you have viewed. This process also helps us track analytics on the effectiveness of our marketing efforts, such as number of visitors, traffic to our website, and other website and ad engagement data. You may opt out of interest-based advertising by third parties (including on our behalf) by visiting the Digital Advertising Alliance (DAA)’s self-regulatory opt out page at https://optout.aboutads.info. You must opt out separately on each device (including each web browser on each device) that you use, and if you clear your cookies or if you use a different browser or device, you will need to renew your opt-out preferences.
You may also opt out of ad targeting/cross contextual advertising as permitted under applicable privacy laws. Please see the Your Privacy Rights Section below.
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
The website is governed by and operated in, and in accordance with the laws of the United States. We make no representation that the website is governed by or operated in accordance with the laws of any other nation. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the website, or providing us with any information, you: (i) acknowledge that the website is subject to the laws of the United States; (ii) consent to the collection, processing, maintenance, storage and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen; and (iii) waive any claims that may arise under those laws.
You may have also opted in to receive future promotional electronic communications from us. If you opt-in to receive such communications, we may use the information to communicate with you regarding our products, services and promotions; provide you with other information that you request; and/or improve our product and service offerings. You will always have the opportunity to "unsubscribe" from us at any time by clicking the “unsubscribe” link at the bottom of the email. We provide an ongoing opportunity to unsubscribe or opt-out of contact by us as set out on our website/app or by contacting us by e-mail at email@example.com, or as otherwise described in our messages to you.
If you decide to unsubscribe, we will only contact you thereafter: (i) for the purposes allowed under applicable law; and (ii) to receive service-related messages. For example, if you unsubscribe from marketing communications, it will not limit our ability to send transactional communications to you regarding products or services you have requested.
Visitors who register on our website, applications or participate in our marketing programs or purchase from us will be given a choice to opt-in to our e-mail marketing list and receive marketing e-mail communications or to opt-out and choose not to receive our email marketing communications. If you opt-in to receive our emails, we may send you periodic emails. If you opt-out, you will not receive these emails.
YOUR U.S. STATE PRIVACY RIGHTS
Consistent with applicable laws, you may exercise rights described in this section. Please note that some of these rights may vary based on country, province or state of residence. If you are a California, Colorado, Connecticut, Virginia or Utah resident, you have specific privacy rights under these state privacy and data protection laws.
Right to Know. You have the right to ask us to disclose the Personal Information we have collected, shared, or sold about you. If we are able to verify your identity, we will provide the categories of Personal Information we have collected about you, the categories of sources from which we collect it, our business or commercial purpose for collecting the Personal Information, and the specific pieces of Personal Information we collected. If we have disclosed your Personal Information to any third party for any reason, we will also tell you the categories of Personal Information we disclosed, the categories of third parties with whom we shared it, and the purpose for which we shared it. You also have the right to request that we provide you the specific pieces of Personal Information that we collected and retained about you.
Right to Opt Out of Sale or Sharing of Your Personal Information and/or Ad Targeting/Cross Contextual Advertising. You have the right to tell us “Do Not Sell or Share My Personal Information” or to the right to direct us not to sell or share Personal Information we have collected about you to third parties, including without limitation for ad targeting/cross contextual advertising.
Right to Deletion. You have the right to request that we delete any Personal Information we have collected about you. We will only do this if we can confirm your identity, and in some cases, we are required or permitted by law to retain all or some of your information for specific purposes.
Right to Correct. You have right to request that we correct your inaccurate Personal Information maintained by us.
Right of Data Portability. You have the right to request and have us transfer to another entity your Personal Information to in a machine readable format to the extent technically feasible.
Authorized Agent. Under certain state laws, you have the right to appoint an authorized agent to exercise these rights for you. We have the right to verify that the authorized agent acts on your behalf.
We will not discriminate against you, for example by receiving a different quality of services, if you exercise any of these rights.
To exercise your rights under U.S. state privacy laws click here, email us, or call 1 1-800-537-1702. In order to respond to your request, we may validate your email address if you have an account with us. If you use an authorized agent to exercise rights for you, we will confirm that the agent is authorized by you. When you make a request about your Personal Information, we will generally confirm receipt of your request within 10 days, and respond within the amount of time we have in accordance with applicable laws.
“Shine the Light” law. If you are a California resident, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us an email, or write to us at the address listed below. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry.
Use of Sensitive Personal Information
We do not use or disclose sensitive Personal Information unless it is necessary to provide the goods and services that you requested, with your consent and as authorized by applicable law.
We may not always be able to honor your data subject access request, for example if we cannot verify your identity, if we need to maintain your information for permitted legal and transactional purposes. If you are in Colorado, Connecticut or Virginia resident, you may appeal our decision to your request regarding your Personal Information. To do so, please contact us as described in the “How to Contact Us” Section. We will respond to all appeal requests as soon as we can reasonably can, but no later than as required by applicable laws.
For us to process certain requests, we will need to verify your identity to confirm that the request came from you. We may contact you by email to verify your request. Depending on your request we may ask you for additional information so that to verify your identity. If we cannot verify your identity we cannot respond to your request.
U.S. State Law Privacy Disclosures
We describe in the section above entitled “What Personal Information Do We Collect and How We Collect It” the categories of Personal Information we have collected in the last twelve months and the sources of Personal Information.
We describe in the section above entitled “How Do We Use Your Personal Information” the business purposes for collection of the Personal Information.
We describe in the section above entitled “How Do We Disclose, Share or Sell Your Personal Information” the categories of your Personal Information that we disclosed, shared or sold in the preceding 12 months and the categories of third parties with which we disclosed, shared or sold your Personal Information to and for what purposes the Personal Information is disclosed, sold or shared.
This website is not intended for children under 16 years of age. No one under the age 16 may provide any Personal Information to or on the website. We do not knowingly collect Personal Information online from children under the age of 16. If you are under the age of 16 you should not provide any Personal Information to us and you should use this website only with the participation of a parent or guardian. Please note that if, while attempting to register on our site or provide information through an app, a user provides us with their date of birth indicating that they are under the age of 16, the system will reject the submission.
DO NOT TRACK
We do not honor the Do Not Track signals that some browsers allow users to send at this time. We continue to review new technologies and standards as they develop.
Third party sites and platforms
TERMS & CONDITIONS
HOW TO CONTACT US
- see your Personal Information that you have already sent us so that you can correct, update or delete it from our files or exercise the rights provided for in the section “Your Right”;
- if your child under the age of majority has used the site or our app and sent us Personal Information, or delete that Personal Information from our files;
- ask that we not send you mail or electronic communications or otherwise contact you; or
Please contact our Privacy Officer through the channels listed below, and we will endeavour to respond to you as soon as possible.
Privacy Notice last updated on: October 5, 2023