Black Diamond Equipment, Ltd. Privacy Notice
Last Updated: 5/7/2025
Black Diamond Equipment Ltd. (“BDEL,” or “we,” “us,” or “our”) respects your privacy and is strongly committed to transparency.
This Privacy Notice (our “Privacy Notice”) describes (i) the types of information we may collect from you or that you may provide when you access or interact with our websites, https://blackdiamondequipment.com, bd-hex.com and warranty.bdel.com (each a “Website” or “Site,” and collectively, the “Websites” or “Sites”), visit one of our retail stores or otherwise communicate with us, (ii) our practices for collecting, using, disclosing, protecting, and otherwise processing that information while operating our business, and (iii) your rights and choices with respect to such information.
This Privacy Notice applies to information we collect:
· through your use of our Websites;
· in email, text, and other electronic communications between you and us, such as when you contact us or otherwise submit information to us, whether by telephone or through other means;
· when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Notice;
· about you offline, such as in connection with your inquiries into or purchase or use of our products (such as at one of our retail stores); and
· from third parties.
It does not apply to information collected by:
· us in any other way offline or through any other means, including on any other websites operated by BDEL or any third party (including our parent, affiliates, and subsidiaries);
· us, our parent or any of our affiliates or subsidiaries related to your or any other individual’s employment or potential employment with us; or
· any third party (including our parent, affiliates, and subsidiaries), including through any application or content (such as advertising) that may link to or be accessible from the Websites.
IT IS OUR POLICY TO COMPLY WITH APPLICABLE PRIVACY LAWS, SO OUR PRIVACY PRACTICES MAY VARY DEPENDING ON WHERE YOU LIVE. PLEASE SEE THE JURISDICTION-SPECIFIC DISCLOSURES IN THIS PRIVACY NOTICE FOR ADDITIONAL INFORMATION THAT MAY APPLY TO YOU DEPENDING ON WHERE YOU LIVE.
Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, please do use any of our Websites or otherwise provide us with your information. By accessing or using any of our Websites, you agree to this Privacy Notice. This Privacy Notice may change from time to time (see Changes to Our Privacy Notice). Your continued use of our Websites after we make changes is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates.
2. Information We Collect About You and how we collect it
We collect two basic types of information from you when you provide it to us or when you use or interact with our Websites or through our advertising and media across the Internet: Personal Data and non-Personal Data.
“Personal Data” means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. However, Personal Data does not include any anonymized, deidentified, or aggregated information.
Non-Personal Data includes information that does not personally identify you or information that has been anonymized (collectively, “non-Personal Data”). When we combine non-Personal Data with Personal Data, we treat the combined information as Personal Data.
Generally
We collect your Personal Data from various sources, including:
· directly from you when you provide it to us;
· automatically as you access, navigate through, or otherwise use our Websites;
· information that we create about you as you use our Websites or otherwise interact with us; and
· from third parties.
Information You Provide to Us
We collect certain types of Personal Data directly from you when you access or use our Websites, products, or services: (i) name; (ii) postal address (including billing and shipping address); (iii) email address; (iv) telephone number (including mobile number); (v) online identifiers; (vi) credit, debit or bank account number, or other financial account information; (vii) age; (viii) gender (if you are a member of our Pro Program, we will ask you to indicate the gender style of clothes you are purchasing, so we can verify that you are purchasing those items for yourself rather than for someone else); (ix) job title; (x) information related to your professional credentials, licensures, and other qualifications, as well as proof of employment documentation (if you apply to become a member of our Pro Program); and (xi) physical characteristics, such as height and weight (if you decide to use the size recommendation solution made available through our Sites).
We also may collect the same or other types of information (which may include Personal Data and/or non-Personal Data) that you choose to submit to us or may otherwise provide through your use of our Websites, such as when you fill out a form or communicate with us. This includes, for example:
· information provided at the time of requesting information about our products or services, making a general inquiry, creating an account on our Websites, entering a contest or promotion sponsored or offered by or through us, signing up to receive discounts, registering a product, applying for and becoming a member of our Pro Program, submitting a warranty claim, reporting a problem or other issue with our Websites, products, or services, or asking for customer service, support, or other assistance;
· records and copies of your correspondence with us (e.g., email), if you contact us;
· details of transactions you carry out through our Websites (and in-person) and of the fulfillment of your order, as well as any other information as requested to facilitate or complete delivery or to make available and provide ongoing support, maintenance, repair, training, or other services related to the product(s) being purchased; and
· business contact information (such as company name, title, and work email address and phone number).
Please note that when you make a purchase on one of our Websites, our third-party payment processor (Shopify Payments) generally collects and processes your payment-related information, including your bank account, credit or debit card number or other financial account details. In this context, Shopify’s policies and practices may apply with respect to Personal Data collected by Shopify Payments through your transaction. Shopify is an independent third party, and we are not responsible for how it treats such Personal Data. If you create a “Shop Pay” account, any information, including Personal Data, you submit in connection with that account is collected by Shopify and Shopify’s use of your information is governed by its privacy policy, which can be found here.
In addition, you also may provide information to be published or displayed (hereinafter, “posted”) on public areas of our Websites or transmitted to other users of the Site or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of our Websites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Information We Collect Through Automatic Data Collection Technologies
We, our partners, service providers or other vendors may automatically collect certain information when you visit and interact with our Websites, use our products, or open our emails. The information we collect automatically may include Personal Data, or we maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us improve our Websites to deliver a better and more personalized service. Such automated collected information may include:
· information about your computing device and Internet connection, such as your IP address, browser type and version, browser plug-in types/versions, operating system and platform, device type, and advertising ID;
· details of your visits to and use of our Websites, including traffic data, IP-based location information regarding the city, state or country from which you access our Websites to feature local retailers in your general vicinity (but this information cannot be used to precisely locate you), date and time of your visit, log data, error information, and other communication data, as well as the resources that you access, use, or otherwise interact with on or through our Websites;
· information about the content you view and the features you access (e.g., details regarding the advertisements you have interacted with, viewed or accessed, such as the number of times you view an advertisement);
· information reflecting your preferences, trends, activity, and/or behavior while using the Websites; and
· your precise geolocation (latitude and longitude), if you have opted-in to sharing your location with us through a browser prompt.
Online Tracking and Advertising
We and our service providers or partners engage in automatic data collection to provide content, advertising, functionality, and other services that measure and analyze ad performance or user behavior on the Websites, and may use cookies and/or web beacons to understand usage of the Websites and improve our content and offerings and to deliver advertisements in which you might be interested. These technologies collect statistical and other information, including Personal Data, about you and your use of the Websites. Some of the technologies we and our service providers or partners may use include:
· Cookies (or browser cookies). These are small text files that may be placed on your computer or device by us or our service providers and partners when you visit our Websites. Some of these cookies are managed by us (first-party cookies), while others are managed by third parties that we do not control (third-party cookies). A cookie assigns a unique identifier to your web browser or device and may enable us, our vendors, or third parties to recognize you as the same user who has used the Websites and relate your use of the Websites to other information about you, such as your usage information and other Personal Data. We may use cookies in a variety of ways. For example, we may use cookies to:
o Provide us with information about which portions of our Websites are the most popular by enabling us to see what web pages a user visits and how much time a user spends on each page.
o Personalize your experience on our Websites (e.g., to recognize you by name when you return to our site, to save your password in password-protected areas, to enable shopping carts, or to tailor content, or product and service offerings).
o Help us advertise to you and understand which ads you have seen.
o Help keep track of items you put into your shopping cart, including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.
· Web Beacons. A web beacon is an electronic image called a single-pixel, pixel tags, or “clear gifs” that is a small piece of code that is used to collect anonymous and aggregate advertising metrics, such as the counting of page views, promotion views, or advertising responses. Web beacons can recognize certain types of information, such as a user’s cookie number, time and date of a page view, and description of the page where the web beacon is placed. These web beacons may be used to deliver cookies. Pages of our Websites and our e-mails may contain web beacons.
These tracking technologies described above may be deployed by us and/or by our service providers or partners on our behalf. These technologies enable us to assign a unique number to you and may allow us to relate your use of the Websites to other information about you, including your usage information and other Personal Data. We may match information collected from you through different means or at different times and combine such information with information obtained from other sources (including third parties), such as demographic information and updated contact information (where that information has been lawfully disclosed to us), for the purposes of learning more about you so we can provide you with relevant content.
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications on our Websites may be served by third parties. These third parties may use cookies or web beacons to collect information about you when you visit, use, or otherwise interact with our Websites. The information they collect may be associated with your Personal Data or they may collect information, including Personal Data, about your online activities over time and across different websites, online services, and other linked or associated devices. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content or for analytics purposes. This Privacy Notice does not cover any use of information that such third parties may have collected from you for their own purposes, or the methods used by the third parties to collect that information.
Information We Create About You
We may also create certain information about you. When we associate this information with other Personal Data about you, we consider this information to be Personal Data. This information includes records of products or goods purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; information associated with your account with us (if one exists); audio recordings (and transcripts) of your phone calls with us (including customer service); and inferences drawn from other information we collect to create a profile reflecting your preferences (such as the sports you participate in based upon your purchase history and location weather data to market our products to you).
Information We Collect from Third Parties
In certain instances, we may also collect limited Personal Data from third parties, such as your employer if you apply to become a member of our Pro Program. This information may include your name and email address.
3. How We Use The Information We Collect
We use information that we collect about you or that you provide to us, including any Personal Data:
· to fulfill or address the reason you provided the information and to facilitate our offering of products and services to you (including, but not limited to, showing you where the nearest store location might be that has a particular product of interest to you in stock, if you have opted-in to sharing your precise geolocation with us through a browser prompt);
· to provide and personalize our Websites and their content to you;
· to provide you with information, products, or services that you request from us;
· to support, develop, troubleshoot, and debug our Websites, products, and services;
· to track, process, and fulfill your orders, purchases, shipments, returns, warranties, and similar transactions, as well as to prevent transactional fraud;
· to provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses (such as for quality assurance, customer service training, and safety purposes);
· to verify your professional credentials and proof of employment for acceptance into our Pro Program;
· to create, maintain, customize, and secure your account with us;
· to understand how you use our Websites (including your preferences) and identify any issues in how our Websites are used and how we can improve your experience with our Websites;
· to measure and report on the delivery of advertisements, including counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
· to monitor the performance of our Websites, including metrics such as total number of visitors, and traffic;
· to advertise or market our products and services to you (such as through newsletters, marketing materials, direct mail, offers, promotions, and other similar communications that we send to you);
· to operate and optimize our business, analyze and personalize your experience with us, and deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Websites, third-party sites, and via email or text message (with your consent, if required by law);
· to allow you to participate in interactive features on our Websites;
· to facilitate our financial benefit program(s) (e.g., discounts, extended warranties, etc.);
· to administer surveys, sweepstakes, promotions, and other contests offered by or through BDEL that you participate in or otherwise enter;
· to help maintain the safety, security, and integrity of our Websites, products, databases and other technology assets, and business, including, but not limited to detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
· for internal testing, research, analysis, and product development, including to develop and improve our Websites, and to develop, improve, or demonstrate our products and Websites;
· for debugging to identify and repair errors that impair existing intended functionality;
· to notify you about changes to our Websites or any products we offer or provide though them;
· to verify or maintain the quality or safety of a product that is owned, manufactured for, or controlled by us;
· to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of BDEL’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by BDEL about you is among the assets transferred;
· to carry out our legal and contractual obligations, and to enforce our rights arising from any contracts entered into between you and us;
· to exercise or defend legal claims, and to respond to legally binding requests from law enforcement, regulatory authorities, or other third parties;
· to comply with our legal, regulatory, and contractual obligations;
· to respond to legally binding requests from law enforcement, regulatory authorities, or other third parties; for litigation case management and evidentiary purposes; or as otherwise may be required by applicable law, court order, or governmental regulations; and
· for any other purpose we may describe when you provide the information (with your consent, if required by law) or as otherwise permitted by applicable law.
4. Disclosure of Your Information
We do not sell, share, or disclose your Personal Data for purposes other than those outlined in this Privacy Notice, including any applicable jurisdiction-specific addendum or supplement appended to this Privacy Notice. However, we may disclose aggregated, deidentified, or anonymized information about our users, and information that does not identify any individual, without restriction.
We disclose your information as needed to fulfill the purposes described in this Privacy Notice and as permitted by applicable law.
· When We Work with Service Providers & Business Partners. We may share each of the categories of Personal Data described above, for a variety of business purposes, with our service providers and business partners who provide an array of services including, but not limited to, payment processing, website and data hosting, product and service delivery (e.g., shipping), customer service, advertising and marketing (including counting ad impressions and audience creation, as well as direct mail), messaging services (e.g., email and text/SMS messages), analytics and cross-context behavioral advertising, social media, personalization, administration of surveys, sweepstakes, promotions and other contests offered by or through BDEL that you participate in or otherwise enter, facilitation of BDEL’s financial benefit programs for customers and related communications, maintaining and servicing accounts, processing or fulfilling orders and transactions, verifying customer information, research, auditing, and data processing. We strive to contractually prohibit these service providers and business partners from retaining, using, or disclosing your Personal Data for any purpose other than performing agreed upon services for us.
· When We Work on Business Transactions. If we become involved with a merger, corporate transaction or another situation involving the transfer of some or all of our business assets, we may share your Personal Data with business entities or people involved in the negotiation or transfer.
· When Sharing Helps Us Protect Safety and Lawful Interests. We may disclose your Personal Data if we believe that the disclosure is required by law or otherwise necessary to: (i) comply with (a) federal, state, or local laws, (b) a court order or subpoena to provide information, or (c) a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities; (ii) cooperate with law enforcement agencies concerning conduct or activities that we (or one of our service providers) believe may violate federal, state, or local law; (iii) exercise or defend legal claims; (iv) enforce our agreements or policies; or (v) help us protect the rights, property, safety of BDEL, its users, customers, partners or others.
· When You Give Consent. We may share Personal Data about you with other companies if you give us permission or direct us to share that information.
· When You Post on Our Websites. If you post User Contributions on our Websites, such as in the form of a product review, the information that you post may be seen by other visitors to our Websites. We are not responsible for the information you choose to submit in these public areas.
In addition, we strive to provide you with choices regarding the Personal Data you provide to us and have created mechanisms to provide you with control over your Personal Data:
· Cookies. You can adjust the settings in your browser’s settings to refuse all or some cookies. You may also disable our use of any non-essential cookies (e.g., analytics cookies) through the cookie consent manager on our Websites. If you disable or refuse cookies, please note that certain parts of our Websites may be inaccessible or may not function properly. You can find more information about cookies at http://www.allaboutcookies.org.
As noted above, we do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info).
· Marketing Communications from BDEL (Email). We may also use your information to contact you via email about our products or services that may be of interest to you (with your consent, if required by law). These emails may be sent from or on behalf of BDEL. If you do not wish to have your email address used by us to promote our own products, you can opt-out at any time by clicking the “unsubscribe” link at the bottom of any email or other marketing communication you receive from us. If you opt-out of receiving these types of emails from us, please note that you may continue to receive transactional or account-related communications from us (such as in connection with a product purchase, warranty registration, product or service experience, or other transaction).
· Marketing Communications from BDEL (Text). If you do not wish to have your telephone number used by us to promote our own products and services, reply with the word STOP in response to the text message you received or contact us using any of the methods outlined in the Contact Information section below. BDEL does not charge for receiving text message alerts, but message and data rates may apply. Supported carriers include AT&T, Verizon, MetroPCS, Sprint, Boost, T-Mobile, Alltel, Virgin Mobile, and U.S. Cellular. Such carriers are not liable for delayed or undelivered messages.
6. Other Rights & Related Disclosures
General
In addition to the choices made available to you with regard to the Personal Data that we have collected about you, you can also correct or update certain Personal Data that we hold about you by visiting the following webpage, https://www.blackdiamondequipment.com/pages/us-laws-compliance, or notifying us through the Contact Information below of errors or changes in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. We may not accommodate a request to correct or update your Personal Data if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Jurisdiction-Specific Privacy Rights and Disclosures
The laws in some jurisdictions may provide you with additional rights and disclosures regarding our processing of your Personal Data. To learn more about our processing activities and any additional privacy rights with respect to such data that may be applicable to you as a resident of, or an individual otherwise located in, one of these jurisdictions, please see the relevant privacy addendum for your jurisdiction that is appended to this Privacy Notice.
California Privacy Rights and Disclosures
· If you are a resident of California, please refer to the California Privacy Addendum below.
Texas & Nebraska Privacy Rights and Disclosures
· If you are a resident of Texas or Nebraska, please refer to the U.S. State Privacy Supplement below.
7. Data Security
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to or through our Websites. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures deployed on our Websites.
8. Do Not Track (“DNT”) signals
Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. Except as otherwise described in this Privacy Notice (including any jurisdiction-specific addendum) with respect to legally required browser based opt outs, we do not recognize or respond to browser-initiated DNT signals, as there currently is no accepted standard for how a website or online service should respond to this signal.
9. Consent to Processing of Personal Data in the United States
In order to provide our Websites, products, and services to you, we may store and process your Personal Data outside of the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data. Your Personal Data may be processed and stored in the United States and federal, state, and local governments, courts, or law enforcement or regulatory agencies in the United States may be able to obtain disclosure of your information through the laws of the United States. By using our Websites, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data outside the country where you reside or are located, including in the United States.
10. Third-Party Sites
Our Websites may contain links to third party websites or services that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other websites or services. The privacy practices of these third parties, including details on the information they may collect about you, are subject to the privacy statements of these parties, which we suggest you review.
11. Children Under the Age of 18
Our Websites is not intended for children under 18 years of age, and we do not knowingly collect Personal Data from children under 18. If you are under 18, do not use or provide any information through our Websites including, but not limited to, your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Data from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information directly from a child under 18, please contact us at dataprotection@bdel.com.
We will only retain your Personal Data for as long as necessary to fulfill the purposes for which we collected it and in accordance with our legal obligations, our records retention practices, or as otherwise permitted or required by law. For example, if you have set up an account with us, we will retain your Personal Data associated with that account for the entire time that you keep it open or until you request us to delete your Personal Data (subject to the below or a statutory exception under applicable law). In addition, we may have a legal obligation to retain Personal Data relating to a purchase you made with us. We will delete your data once the legal obligation expires or after the period of time dictated by our record retention practices. Similarly, we may need to retain Personal Data in order to exercise our legal rights or defend legal claims involving you. We will delete this information once it is no longer needed for such purposes. We may also retain some or all of your Personal Data when your information is subject to one of the following exceptions:
· When stored in our backup and disaster recovery systems. Your Personal Data will be deleted when the backup media your Personal Data is stored on expires or when our disaster recovery systems are updated.
· When necessary to help ensure the security and integrity of our Websites and IT systems. Your Personal Data will be deleted when we no longer require it for such purposes.
13. Changes to Our Privacy Notice
We may change this Privacy Notice at any time. It is our policy to post any changes we make to our Privacy Notice on this page. If we make material changes to how we treat our users’ Personal Data, we will notify you by email to the email address we have on file for you, through a notice on the home page of our Websites, or by using a similar method. The date this Privacy Notice was last updated is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and this Privacy Notice to check for any changes.
If you have any questions or concerns regarding our Privacy Notice, please contact us at:
Black Diamond Equipment, Ltd.
2084 East 3900 South
Salt Lake City, UT 84124
Phone: 1-800-775-5552
Email: dataprotection@bdel.com
California Privacy Addendum
Last Updated: 5/7/2025
1. Introduction
This Privacy Notice Addendum for California Residents (the “California Privacy Addendum”) supplements the information contained in BDEL’s Privacy Notice and applies solely to all visitors, users, customers, and others who reside in the State of California (“consumers,” “you,” or “your”). We adopt this notice to comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CPRA”). Unless otherwise expressly stated, all terms in this California Privacy Addendum have the same meaning as defined in our Privacy Notice or as otherwise defined by the CPRA.
2. Scope of this California Privacy Addendum
This California Privacy Addendum applies to information that we collect through your use of our Websites and through other online and offline sources as described in our Privacy Notice that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (Personal Information”). Personal Information also includes “Sensitive Personal Information” (or “SPI”), as defined below.
However, this California Privacy Addendum does not apply to:
· publicly available information lawfully made available to the general public from government records or widely distributed media or otherwise by you;
· deidentified, aggregated, or anonymized information that is maintained in a form not capable of being associated with or linked to you;
· employment-related Personal Information collected from our California-based employees, job applicants, contractors, or similar individuals (“Personnel”). Please contact your local human resources department if you are part of our California Personnel and would like additional information about how we process your Personal Information; or
· other information excluded from the scope of the CPRA.
3. Information We Collect About You
We collect, and over the prior 12 months have collected, the following categories of Personal Information:
A. Identifiers, such as name, age, postal address (including billing and shipping address), email address, telephone number (including mobile number), IP address, online identifiers, unique identifiers (e.g., advertising ID), business contact information (such as company name, title, and work email address and phone number), and other similar identifiers.
B. Personal information described in California’s Customer Records Law, such as name, address, telephone number, employment history and related information, financial information (e.g., bank account, credit and/or debit card number(s)), signature, and physical characteristics (e.g., height and weight, if you decide to use the size recommendation solution made available through one of our Websites).
C. Characteristics of protected classifications under California or federal law, such as gender (if you are a member of our Pro Program, we will ask you to indicate the gender style of clothes you are purchasing, so we can verify that you are purchasing those items for yourself rather than for someone else).
D. Commercial information, such as details of orders and other transactions you place with us (e.g., order number, item purchased, date and location of purchase, price of the item, the payment method used); records of products purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; and other information as requested to facilitate or complete delivery or to make available and provide ongoing support, maintenance, repair, training, or other services related to the product(s) being purchased.
E. Internet or other electronic network activity (“Internet or Network Activity”) information, such as browsing history and information regarding your interaction with our Websites, including through the use of cookies (as further described in the Information We Collect About You and How We Collect It section of our Privacy Notice).
F. Audio, electronic, visual, or similar information, such as audio recordings (and transcripts) of your phone calls with us (including customer service).
G. Geolocation data, such as IP-based location data, which may be used to locate the city and/or state that you are in to feature local retailers when you access our Websites (but cannot be used to precisely locate you). We may also collect your precise geolocation (latitude and longitude), if you have opted-in to sharing your location with us through a browser prompt.
H. Professional or employment-related information, such as job title and information related to your professional credentials, licensures, and other qualifications, as well as proof of employment documentation (if you apply for membership in our Pro Program).
I. Inferences drawn from any of the other personal information listed above to create a profile reflecting your preferences (such as the sports you participate in based upon your purchase history and location weather data to market our products to you).
J. Sensitive Personal Information, such as your (i) financial account, debit, or credit card number combined with any required security/access code or password allowing access to an account, and/or (ii) precise geolocation (latitude and longitude), if you have opted-in to sharing your location with us through a browser prompt.
We will not collect additional categories of Personal Information without providing you notice. As further described below, we may “sell” for valuable, non-monetary consideration and/or “share” for cross-context behavioral advertising purposes some of your Personal Information to entities that provide marketing or advertising services to us, social media platforms, as well as internet cookie recipients, such as analytics and behavioral advertising services (for more details, see the “Sale of Your Personal Information” and “Sharing of Your Personal Information” sections, below).
4. Sources of Personal Information
We collect the categories of Personal Information listed above from those sources described in our Privacy Notice.
5. personal information retention periods
We only retain the categories of Personal Information described above for the purposes listed in the Data Retention section of our Privacy Notice.
6. uses of Personal Information
We only use your Personal Information for the purposes described in our Privacy Notice. We will not use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing you notice.
7. Disclosures of Personal Information
Disclosures of Personal Information for a Business Purpose
As described in the Disclosures of Your Information section of our Privacy Notice, we may disclose Personal Information with third parties for one or more business purposes (as that term is defined by the CPRA).
In the preceding 12 months, BDEL has disclosed the following categories of Personal Information for one or more of the business purposes described below to the following categories of third parties:
Category of Sensitive Personal Information |
Categories of Third-Party Recipients |
Financial account information (i.e., bank account, credit or debit card number(s) combined with any required access or security code) |
· Payment processors, the issuing and acquiring banks involved in the funds settlement procedures necessary to charge your cards or financial accounts, and entities who provide identity and purchase verification to protect you and BDEL from fraud. |
Precise geolocation data |
· Vendors who may need access to your Personal Information to help us provide our e-Commerce service to you. · Payment processors, the issuing and acquiring banks involved in the funds settlement procedures necessary to charge your cards or financial accounts, and entities who provide identity and purchase verification to protect you and BDEL from fraud. · Entities who provide us with e-mail address management, communication contact services, data aggregation services, advertising services, and those who analyze and enhance our marketing campaigns. · Entities who assist us in the delivery of text messages. |
We disclose your Personal Information to the categories of third parties listed above for the following business purposes:
· Helping to ensure security and integrity of our products, services, and IT infrastructure to the extent the use of the Personal Information is reasonably necessary and proportionate for these purposes.
· Debugging to identify and repair errors that impair existing intended functionality.
· Performing services on behalf of us, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing analytic services, or providing similar services on behalf of us (as further described in the Disclosure of Your Information section of our Privacy Notice).
· Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
· Providing advertising and marketing services, except for cross-context behavioral advertising, to consumers.
· Undertaking internal research for technological development and demonstration.
In addition to the above, we may disclose any or all categories of Personal Information (i) at your direction or upon your request, or (ii) to another third party (including government entities and/or law enforcement entities) as described in the Disclosures of Your Information section of our Privacy Notice.
“Sales” of Personal Information for Monetary or Other Valuable Consideration
As noted in our Privacy Notice, we do not sell Personal Information as the term “sell” is commonly understood to require an exchange for money. However, the use of advertising and analytics cookies on our Websites is considered a “sale” of Personal Information as the term “sale” is broadly defined in the CPRA to include both monetary and other valuable consideration. Using this broad definition, our “sale” is limited to our use of third-party advertising and analytics cookies and their use in understanding how people use and interact with our Websites. Our “sale” of your Personal Information in this matter is subject to your right to opt-out of those sales (see How You May Opt Out of the Sale or Sharing of Your Personal Information).
“Sharing” Personal Information for Cross-Context Behavioral Advertising
We may “share” your Personal Information for the purpose of cross-context behavioral advertising, subject to your right to opt-out of that sharing (see How You May Opt Out of the Sale or Sharing of Your Personal Information). Our “sharing” for the purpose of cross-context behavioral advertising would be limited to our use of third-party advertising cookies and their use in providing you cross-context behavioral advertising (i.e., advertising on other websites or in other mediums). When the recipients of your Personal Information disclosed for the purpose of cross-context behavioral advertising are also permitted to use your Personal Information to provide advertising to others, we also consider this disclosure as a “sale” for monetary or other valuable consideration under the CPRA.
8. To whom do we sell or share your personal information
In the last 12 months, we may have “sold” or “shared” the following categories of Personal Information, including Sensitive Personal Information, with the categories of third-party recipients listed below.
Category of Personal Information |
Categories of Third-Party Recipients |
Identifiers, such as name, online identifier, IP address, email address, phone number or signature |
• Analytics and behavioral advertising services |
Personal Information described in California’s Customer Records statute, such as name, online identifier, IP address, email address, phone number or signature |
Same as above |
Internet or Network Activity information, such as browsing history or information regarding interaction with a website, app or advertisement |
Same as above |
Geolocation data, such as the city, state or country associated with your IP address |
Same as above
|
Inferences drawn from the information listed above to create a profile about a California resident reflecting their preferences |
Same as above
|
Commercial information, such as records of products or services purchased, obtained or considered, or other purchasing or consuming histories of tendencies |
• Entities that provide marketing or advertising services |
We do not have actual knowledge that we sell or share the Personal Information of consumers under the age of 16.
9. Your California Consumer Rights
The CPRA provides consumers with specific rights regarding their Personal Information. This section describes your CPRA rights and explains how to exercise those rights. You may exercise these rights yourself or through your authorized representative (as defined below). For more information on how you or your authorized representative can exercise your rights, please see Exercising Your CPRA Privacy Rights.
· Right to Know. You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months (a “Right to Know” request). This includes: (i) the categories of Personal Information we have collected about you; (ii) the categories of sources from which that Personal Information is collected; (iii) our purposes for collecting (and where applicable, selling and/or sharing) this Personal Information; (iv) the categories of third parties to whom we have disclosed your Personal Information; and (v) if we have “sold” or “shared” or disclosed your Personal Information, a list of categories of third parties to whom we “sold” or “shared” your Personal Information, and a separate list of the categories of third parties to whom we disclosed your Personal Information. You must specifically describe whether you are making a Right to Know request or a Data Portability request (defined below). If you would like to make both such requests, you must make them clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. You may make a Right to Know request a total of 2 times within a 12-month period at no charge.
· Access to Specific Pieces of Information. You also have the right to request that we provide you with a copy of the specific pieces of Personal Information that we have collected about you, including any Personal Information that we have created or otherwise received from a third party about you (a “Data Portability” request). If you make a Data Portability request electronically, we will provide you with a copy of your Personal Information in a portable and, to the extent technically feasible, readily reusable format that allows you to transmit the Personal Information to another third party. You must specifically describe if you are making a Right to Know or Data Portability request. If you would like to make both such requests, you must make them clear in your request. If it is not reasonably clear from your request, we will only process your request as a Right to Know request. To the extent applicable, we will not disclose your financial account number in response to a Data Portability request. We will also not provide information if the disclosure would create a substantial, articulable, and unreasonable risk to your Personal Information or the security of our systems or networks. In addition, we will not disclose any Personal Information that may be subject to another exception under the CPRA. If we are unable to disclose certain pieces of your Personal Information, we will describe generally the types of Personal Information that we were unable to disclose and provide you with a description of the reason we are unable to disclose it. You may make a Data Portability request a total of 2 times within a 12-month period at no charge.
· Correction. You have the right to request that we correct any incorrect Personal Information about you to ensure that it is complete, accurate, and as current as possible. You may request that we correct the Personal Information we have about you as described below under Exercising Your CPRA Privacy Rights. In some cases, we may require you to provide reasonable documentation to show that the Personal Information we have about you is incorrect and what the correct Personal Information may be. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect, or the Personal Information at issue is subject to another exception under the CPRA.
· Deletion. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your Consumer Request (see Exercising Your CPRA Privacy Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies pursuant to the CPRA. Some exceptions to your right to delete include, but are not limited to, if we are required to retain your Personal Information to complete the transaction for which we collected the Personal Information, provide a good or service requested by you, or otherwise perform under our contract with you and to comply with our legal obligations.
· Limiting Our Uses and Disclosures of SPI. You have the right to request that we limit our use and disclosure of your SPI to only those purposes specifically enumerated in the CPRA. Currently, we do not use or disclose your SPI for purposes other than those expressly permitted by the CPRA. Should this change in the future, we will update this California Privacy Addendum and provide you with methods to limit the use and disclosure of SPI.
· Non-Discrimination. We will not discriminate against you for exercising any of your CPRA rights. Unless permitted by the CPRA, we will not do any of the following as a result of you exercising your CPRA rights: (i) deny you goods or services; (ii) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (iii) provide you with a different level or quality of goods or services; or (iv) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Your CPRA Privacy Rights
Sale/Sharing: For instructions on exercising sale and sharing opt-out rights (as applicable), please see How You May Opt Out of the Sale or Sharing of Your Personal Information.
All Other CPRA Rights: To exercise any of your other rights described above, please submit a request (a “Consumer Request”) to us by:
· Calling us toll-free at: 1-800-775-5552;
· Filling out our online webform, available here and/or
· Emailing us at dataprotection@bdel.com.
If you fail to make your Consumer Request in accordance with the ways described above, we may either treat your request as if it had been submitted with our methods described above or provide you with information on how to submit the request or remedy any deficiencies with your request.
Only you, or someone that you have authorized to act on your behalf (an “authorized representative”), may make a Consumer Request related to your Personal Information. You may also make a Consumer Request on behalf of your minor consumer. All Consumer Requests must:
· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative of such a person. This may include providing certain information about yourself, such as your email address, phone number, and/or mailing address.
· Be described with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm which Personal Information relates to you or the individual for whom you are making the request as their authorized representative.
Making a Consumer Request does not require you to create an account with us. We will only use Personal Information provided in a Consumer Request to verify the requestor’s identity or authority to make the request.
You have the right to direct us to not sell your Personal Information for monetary or other valuable consideration at any time. You also have the right to direct us to not share your Personal Information for the purposes of cross-context behavioral advertising, which is showing advertising on other websites or other media based on your browsing activities on our Websites.
You (or your authorized representative) may exercise the right to opt-out of the “sale” or “sharing” of your Personal Information by:
· Setting your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.
· Visiting the Do Not Sell or Share My Data link in the footer our Websites.
· Configuring your web browser to transmit an Opt-Out Preference Signal (for more information, please see https://globalprivacycontrol.org/). When we receive such a signal, we will opt you out of any further “sale” or “sharing” of your Personal Information when you interact with our Websites through that browser and on that device. However, you may change your mind and opt back into the “sale” or “sharing” of Personal Information at any time by adjusting your cookie preferences to accept all or certain cookies.
Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize our “sale” or “sharing” of your Personal Information. (Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.)
In the event you have affirmatively opted-in to our “sale” and “sharing” of your Personal Information as described above and we receive a privacy control signal from your browser, we will request further instructions from you before you are opted out of any further “sale” or “sharing.”
11. Notice of Financial Incentive
We may offer our discounts or other price reductions for our products and services (as well as special offers and content), in exchange for your providing us with Personal Information (such as your name, email address, and/or telephone number), such as, for example, when you register a product you have purchased from us (by scanning the QR code on your packaging or product), receive marketing emails and similar communications (through affirmatively opting-in to receive these communications in the designated areas on our Websites), or become a member of our Pro Program (by applying for and being accepted for membership) (each, a “Program” and collectively, the “Programs”).
Because our Programs involve the collection of Personal Information in exchange for providing a benefit or other offering (e.g., discount, price reduction, price or service difference, such as an extended warranty or a discount on your next purchase of one of our products), they might be interpreted as a “financial incentive” program under California law. The value of your Personal Information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the applicable Program, less the expense related to offering those products, services, and benefits to Program participants. By way of illustration, for basic customer sign-ups, BDEL offers a 15% discount on its products, while high value Program Pro customers (e.g., Mountain Guides) can receive a discount, ranging between 50 and 60%.
When you sign up for one of these Programs, we typically ask you to provide certain details that generally fall into one or more of the following categories of Personal Information that we collect, as described above: (i) identifiers; and (ii) personal information described in California’s Customer Records statute; and/or (iii) professional or employment-related information (if you apply for membership in our Pro Program). If you elect to sign up for one of these Programs, we will process the Personal Information you provide in accordance with our California Privacy Addendum.
You may opt in to a Program by following the sign up or participation instructions provided. For example, you may opt in to receive marketing emails and similar communications from us by signing up on our Websites; or, you may opt in to receive an extended warranty by registering the product you purchased from us.
In addition, you may withdraw from participating in a Program at any time by unsubscribing to our emails, texting the word STOP to any text messages you receive from us, closing your account (if you are a Pro Program member), or contacting us via email at dataprotection@bdel.com or by phone at 1-800-775-5552.
12. Changes to This California Privacy Addendum
BDEL reserves the right to amend this California Privacy Addendum at its discretion and at any time. When we make changes to this California Privacy Addendum, we will post the updated addendum on the Websites and update the addendum’s effective date. Your continued use of our Websites following the posting of changes constitutes your acceptance of such changes.
13. OTHER CALIFORNIA RIGHTS & DISCLOSURES
California residents who visit our Websites are also entitled to the additional rights and disclosures described below (to the extent applicable to such Sites).
· California Eraser Law. California law permits minors under the age of 18 to request the removal of your User Contributions, subject to certain exceptions. If you are under the age of 18 in California, you may contact us using the Contact Information below (if you contact us via email, please use the subject “California Eraser Law Request”). We may not remove your User Contributions that we are required to retain under any federal or state law, or that have been provided to a third party. While we will do our best to remove a minor’s information upon a valid request, we cannot ensure the complete or comprehensive removal of your User Contributions from our Websites or any information that has been republished, copied, downloaded, or reposted by any third party, and we cannot guarantee that any such information may not be accessible to users of the Internet in the future. We do not advertise or market any of the products or services identified in Cal. Bus. & Prof. Code § 22580(i) to users who we have actual knowledge are under 18 years of age.
14. Contact Information
If you have any questions or comments about this California Privacy Addendum, please contact us at:
Black Diamond Equipment, Ltd.
2084 East 3900 South
Salt Lake City, UT 84124
Phone: 1-800-775-5552
Email: dataprotection@bdel.com
U.S. State Privacy Supplement
Last Updated: 5/7/2025
1. INTRODUCTION
This BDEL Privacy Supplement (“U.S. State Privacy Supplement” or “Supplement”) is only applicable to residents of Nebraska and Texas (“you”) and supplements the information contained in our Privacy Notice.
We have adopted this U.S. State Supplement to comply with the Nebraska Data Privacy Act (“NDPA”) and the Texas Data Privacy and Security Act (“TDPSA”) (collectively, the “Relevant State Privacy Laws”). Unless otherwise expressly stated, all terms in this Supplement have the same meaning as defined in our Privacy Notice or as otherwise defined by Relevant State Privacy Laws.
2. SCOPE
Some Personal Data we collect from you may not be covered by this U.S. State Privacy Supplement. The Relevant State Privacy Laws include certain exemptions that do not apply to our collection and processing of your Personal Data. It is possible that not all Personal Data we collect from or about you is fully covered by the Relevant State Privacy Laws. Accordingly, this U.S. State Privacy Supplement and/or the privacy rights set out herein may not apply to you or to all of your Personal Data. For example, the following Personal Data is not covered by this U.S. State Privacy Supplement:
· Personal Data we have from residents of Nebraska or Texas in their capacity as (i) prospective, current, or former employees, personnel, or independent contractors of BDEL, or (ii) individual representatives of corporate customers or clients of BDEL in connection with a business-to-business transaction or related communication involving BDEL.
If you are a resident of the state of California, please see our California Privacy Addendum above.
3. PERSONAL DATA WE COLLECT
We may collect and process the following categories of Personal Data about you:
A. Identifiers, including name, age, postal address, IP address, contact information (e.g., postal address, telephone number, email address), financial account information (e.g., bank, credit or debit card number), unique identifiers (e.g., advertising IDs), online identifiers, and other similar identifiers.
B. Commercial information, such as details of orders and other transactions you place with us (e.g., order number, item purchased, date and location of purchase, price of the item, the payment method used, physical characteristics (such as your height and weight, if you decide to use the size recommendation solution made available through one of our Websites) and gender (if you are a member of our Pro Program, we will ask you to indicate the gender style of clothes you are purchasing, so we can verify that you are purchasing those items for yourself rather than for someone else)); records of products purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; and other information as requested to facilitate or complete delivery or to make available and provide ongoing support, maintenance, repair, training, or other services related to the product(s) being purchased.
C. Internet or other electronic network activity (“Internet or Network Activity”) information, such as browsing history and information regarding your interaction with our Websites, including through the use of cookies (as further described in the Information We Collect About You and How We Collect It section of our Privacy Notice).
D. Audio, electronic, visual, or similar information, such as audio recordings (and transcripts) of your phone calls with us (including customer service).
E. Geolocation data, such as IP-based location data, which may be used to locate the city and/or state that you are in to feature local retailers when you access our Websites (but cannot be used to precisely locate you). We may also collect your precise geolocation (latitude and longitude), if you have opted-in to sharing your location with us through a browser prompt).
F. Professional or employment-related information, such as job title and information related to your professional credentials, licensures, and other qualifications, as well as proof of employment documentation (if you apply for membership in our Pro Program).
G. Inferences drawn from any of the other personal information listed above to create a profile reflecting your preferences (such as the sports you participate in based upon your purchase history and location weather data to market our products to you).
H. Sensitive Data, such as your precise geolocation (latitude and longitude), if you have opted-in to sharing your location with us through a browser prompt).
4. Sources of Personal Data
We collect Personal Data about you from those sources described in our Privacy Notice.
5. PURPOSES FOR WHICH WE USE THE PERSONAL DATA WE COLLECT
We only use your Personal Data for the purposes described in our Privacy Notice. We will not use the Personal Data we collected for materially different, unrelated, or incompatible purposes without providing you notice.
In addition, we do not use your Personal Data with any automated processing, including to evaluate, analyze, or predict personal aspects related to your economic situation, health, personal preferences, interests, reliability, behavior, location, or movements (otherwise known as “profiling”), which may produce a legal effect concerning you or similarly significantly affect you.
6. DISCLOSURE OF PERSONAL DATA
BDEL may disclose your Personal Data to certain third parties for the purposes described in our Privacy Notice. To learn more about our disclosures of the Personal Data we collect and the corresponding third-parties to whom we disclose such Personal Data, please refer to the table below.
Category of Personal Data |
Categories of Third-Party Recipients |
Identifiers |
· Vendors who may need access to your Personal Information to help us provide our e-Commerce service to you. · Payment processors, the issuing and acquiring banks involved in the funds settlement procedures necessary to charge your cards or financial accounts, and entities who provide identity and purchase verification to protect you and BDEL from fraud. · Entities who provide labeling and shipping services to help us deliver the products you may order. · Entities who provide us with e-mail address management, communication contact services, data aggregation services, advertising services, and those who analyze and enhance our marketing campaigns. · Entities who assist us in the delivery of text messages. · Analytics and behavioral advertising services. |
Commercial information |
· Vendors who may need access to your Personal Information to help us provide our e-Commerce service to you. · Payment processors, the issuing and acquiring banks involved in the funds settlement procedures necessary to charge your cards or financial accounts, and entities who provide identity and purchase verification to protect you and BDEL from fraud. · Entities who provide labeling and shipping services to help us deliver the products you may order. · Entities who provide us with e-mail address management, communication contact services, data aggregation services, advertising services, and those who analyze and enhance our marketing campaigns. |
Internet or Network Activity information |
· Vendors who may need access to your Personal Information to help us provide our e-Commerce service to you. · Payment processors, the issuing and acquiring banks involved in the funds settlement procedures necessary to charge your cards or financial accounts, and entities who provide identity and purchase verification to protect you and BDEL from fraud. · Entities who provide us with e-mail address management, communication contact services, data aggregation services, advertising services, and those who analyze and enhance our marketing campaigns. · Entities who assist us in the delivery of text messages. · Analytics and behavioral advertising services. |
Geolocation data |
· Vendors who may need access to your Personal Information to help us provide our e-Commerce service to you. · Payment processors, the issuing and acquiring banks involved in the funds settlement procedures necessary to charge your cards or financial accounts, and entities who provide identity and purchase verification to protect you and BDEL from fraud. · Entities who provide us with e-mail address management, communication contact services, data aggregation services, advertising services, and those who analyze and enhance our marketing campaigns. · Entities who assist us in the delivery of text messages. |
Professional or employment-related information |
· Vendors who may need access to your Personal Information to help us provide our e-Commerce service to you. |
Inferences |
· Vendors who may need access to your Personal Information to help us provide our e-Commerce service to you. · Entities who provide us with e-mail address management, communication contact services, data aggregation services, advertising services, and those who analyze and enhance our marketing campaigns. |
Category of Sensitive Data |
Categories of Third-Party Recipients |
Precise geolocation data |
· Vendors who may need access to your Personal Information to help us provide our e-Commerce service to you. · Payment processors, the issuing and acquiring banks involved in the funds settlement procedures necessary to charge your cards or financial accounts, and entities who provide identity and purchase verification to protect you and BDEL from fraud. · Entities who provide us with e-mail address management, communication contact services, data aggregation services, advertising services, and those who analyze and enhance our marketing campaigns. · Entities who assist us in the delivery of text messages. |
In addition to the above, we may disclose any or all categories of Personal (i) at your direction or upon your request, or (ii) to another third party (including government entities and/or law enforcement entities) as described in the Disclosures of Your Information section of our Privacy Notice.
7. Sale of personal data & Processing of such data for Targeted advertising PURPOSES
Most of the Relevant State Laws define the sale of Personal Data as the “exchange of Personal Data monetary or other valuable consideration by a controller to a third party.” Although we do not sell your Personal Data as the term “sell” is commonly understood to require an exchange for money, we may disclose the following categories of Personal Data:
· Identifiers
· Commercial information
· Internet or Network activity information
· Geolocation data (but not precise geolocation data)
· Inferences drawn from other Personal Data
To the following categories of third parties:
· Analytics and behavioral advertising services
· Entities that provide marketing or advertising services
· Social media platforms
For purposes of marketing and targeted advertising; analytics; measurement and improvement; and customization and personalization, which may be deemed a “sale” under most of the Relevant State Laws. You may opt-out of certain sales as described in the How You May Exercise your Opt-Out Rights section below. Please note that we may provide Personal Data to our processors that perform services for us pursuant to a contract; the right to opt-out does not limit our ability to provide Personal Data to these processors.
8. your privacy rights
The Relevant State Laws provide residents with specific rights regarding their Personal Data. This section describes your rights. You may exercise these rights yourself or through your authorized representative (as applicable). For more information on how you or how your authorized representative can exercise your rights, please see the How to Exercise Your Privacy Rights section below.
As a resident of Nebraska and Texas, you may have the following rights in relation to your Personal Data:
· Right to Confirm and Access. You may have the right to confirm whether we process your Personal Data and right to access that Personal Data.
· Right to Data Portability. To the extent you provide us with your Personal Data and to the extent we process it, you may have the right to request that we provide you a copy of, or access to, all or part of such Personal Data in a portable, and to the extent technically feasible, readily usable format that allows you to transmit that information to another controller without hindrance. We will not provide data that we believe would disclose our trade secrets.
· Right to Make a Deletion Request. You may have the right to request that we delete Personal Data that we have collected or received about you. Subject to certain exceptions, we must delete your Personal Data.
· Right to Correct Inaccurate Personal Data. You may have the right to request that we correct inaccurate Personal Data about you, taking into account the nature of the Personal Data and the purpose of the processing of the Personal Data.
· Right to Opt-Out of Certain Processing. To the extent provided by the Relevant State Laws, you may have the right to opt-out of processing your Personal Data for the purposes of: (i) the sale of your Personal Data, and (ii) targeted advertising. We do not engage in profiling in furtherance of solely automated decisions that produce legal or similarly significant effects.
· Right to Non-Discrimination. We will not discriminate against you for exercising any of your privacy rights.
9. HOW TO EXERCISE YOUR PRIVACY RIGHTS
To exercise the rights described above (with the exception of opting out), please submit a request to us by:
· Calling us toll-free at: 1-800-775-5552;
· Filling out our online webform, available here; and/or
· Emailing dataprotection@bdel.com.
Verifying Your Requests
We may need additional information to authenticate your request. We may need to obtain additional information about you that we do not already have to be able to authenticate your request. If you provide us with new Personal Data that we do not already have about you, we will use it solely for the purpose of authenticating your request. We will let you know if we need more information from you to authenticate your request. Please reply to our requests promptly.
We will communicate with you about your requests via email. We will use the email address you provided when submitting your request.
If we cannot authenticate your identity, we will let you know.
Responding to Your Requests
We aim to promptly authenticate and respond to your requests within 45 days of receipt but may require a total of up to 90 days to respond to your requests. If we require additional time beyond the initial 45 days after we receive your request, we will let you know within the first 45 days.
We do not ordinarily charge a fee for our response to your requests. However, we may do so to the extent your request(s) are excessive, repetitive, or manifestly unfounded. If we determine that charging a fee is warranted, as permitted by the Relevant State Laws, we will let you know and will provide you with an estimate of the associated costs of responding to your request(s).
If we determine that we cannot or will not take the action that you requested, we will let you know. We will inform you of our reasons for not taking action and any rights you may have to appeal the decision. You can submit a request to appeal a prior decision by contacting us at dataprotection@bdel.com or 1-800-775-5552.
We will respond to your requests via email. We will contact you at the email address you provided when submitting your request(s).
How You May Exercise Your Opt-Out Rights
If applicable under Relevant State Privacy Laws, you may exercise your right to opt-out of the “sale” (exchange of your Personal Data for monetary or other valuable consideration) and the processing of your Personal Data for targeted advertising by submitting a request to us here. We will only use Personal Data provided in an opt-out request to review and comply with the request.
If applicable under the Relevant State Laws, you may exercise your right to opt-out of the “sale” (exchange of your Personal Data for monetary or other valuable consideration) and the processing of your Personal Data for targeted advertising by configuring your web browser to transmit the Global Privacy Control signal. For more information, please see https://globalprivacycontrol.org/.
Appeals Process
If applicable under Relevant State Privacy Laws, you may appeal a refusal by us to take action on your request to exercise any of the above rights within a reasonable period of time after we provide you notice of such refusal by contacting us at the Contact Information listed below. Within 45 days after we receive your appeal, we will inform you in writing of any action taken or not taken in response to your appeal, including any explanations for the reasons for the decision. If your appeal is denied, you may lodge a complaint with your State Attorney General through their official website.
10. Changes to our u.s. state privacy supplement
From time to time, BDEL may update or revise this U.S. State Privacy Supplement. If there are changes to the terms of this U.S. State Privacy Supplement, an updated policy will be posted to the Websites, along with the updated policy’s effective date. Your continued use of our Websites following the posting of changes constitutes your acceptance of such changes.
11. Contact Information
If you have any questions or comments about this U.S. State Privacy Supplement, please contact us at:
Black Diamond Equipment, Ltd.
2084 East 3900 South
Salt Lake City, UT 84124
Phone: 1-800-775-5552
Email: dataprotection@bdel.com