Updated September 14, 2023
I. WHAT TYPES OF PERSONAL INFORMATION DO WE COLLECT, AND HOW IS IT COLLECTED?
Types of Information We Collect:
The information we collect from you varies depending on the way you use our Website or interact with us. The information we collect may include Personal Information and Sensitive Personal Information. “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The types of Personal Information we may collect/receive from you include without limitation:
- identifiers, such as your name, address, email address, phone number, IP address, account name, or similar identifiers;
- financial information, such as your account or credit card number;
- commercial information, including records of products purchased, obtained or considered, or other purchase history data;
- internet activity information, including but not limited to your browsing history, search history, and information regarding your interaction with the Website or advertisements;
- geolocation data;
- professional or employment-related information and other demographic information and profile data, such as age and income level; and
- inferences drawn from any of the information above used to create a consumer profile.
Sensitive Personal Information is a subtype of Personal Information consisting of specific information categories. We may collect or use information that falls within the Sensitive Personal Information categories listed below to infer characteristics about a person:
- Government identifiers, such as your Social Security number, driver’s license, state identification card, or passport;
- Complete account access credentials, such as user names, account numbers, or card numbers combined with required access/security code or password;
- Precise geolocation, such as your physical location within a small area;
- Racial or ethnic origin;
- Religious or philosophical beliefs;
- Union membership;
- Mail, email, or text messages contents not directed at us;
- Genetic data;
- Unique biometric information used for identification;
- Health information;
- Sex life or sexual orientation information.
Personal Information does not include consumer information that is deidentified, aggregate consumer information, or publicly available information (i.e., information that is lawfully made available from government records).
We may also collect other types of information, such as:
- browser type and language, operating system, domain server, type of computer or device, and other information about the device you use to access the Website.
How Information is Collected:
Personal Information may be obtained from the following sources:
- directly from you, e.g., whenever you submit information on our Website (e.g., by filling out a form or online survey), request information, products or services, subscribe to our email list, opt in to our MMS/SMS Program, enter a contest, contact us, or purchase products;
- from technology when you visit the Website, including cookies and similar technologies; and
- from third parties, such as dealers and resellers, service providers, data brokers / resellers of data, business partners, advertising networks, and social media platforms and networks.
About “Do Not Track” Signals:
“Do Not Track” is a privacy preference that Internet users can set in their web browsers. When a user turns on the Do Not Track option, the browser sends a message to websites requesting them not to track the user. At this time, our Website does not respond to such requests sent via a Do Not Track signal.
About Our MMS/SMS Program:
You can opt in to our MMS/SMS Program (i) through a lightbox pop-up on our Website; (ii) by texting directly into our short code number; or (iii) by providing your mobile number at checkout and responding to the text message request. By opting in to the MMS/SMS Program, you expressly agree to receive messages from us as related to our promotions, products, events, and/or any transaction with us.
Your participation in the MMS/SMS Program constitutes your express consent to receive automated text messages (MMS and SMS) from Black Diamond at the mobile number you provided, including text messages that may be sent using an automatic telephone dialing system unless you opt out, as provided below.
We are able to deliver messages to the following mobile phone carriers: AT&T Mobility, Verizon Wireless, Sprint Corporation, T-Mobile, US Cellular, Virgin Mobile, Google Voice, Truphone Limited, MetroPCS, Boost, Mast Mobile, Associated Carrier Group (ACG), Tier 2/3 Carrier Group, Rural Carrier Group (RCG), and Peerless Network. Black Diamond reserves the right to add or remove eligible mobile phone carriers from the MMS/SMS Program from time to time.
By submitting this form, you agree to receive recurring automated messages (e.g., cart reminders) from Black Diamond at the cell number provided when signing up. Consent is not a condition of any purchase. Message frequency varies and data rates may apply. Available in the US & Canada. Reply HELP for help, STOP to cancel.
II. WHY DO WE COLLECT PERSONAL INFORMATION, AND HOW DO WE USE IT?
Except as set forth herein, Personal Information is generally kept for Black Diamond business purposes and primarily used to assist you in your current or future communications and/or transactions or in analyzing sales trends.
Black Diamond does not sell, rent or provide your Personal Information to third parties, except as described herein.
Personal Information that is collected by Black Diamond may be used:
- to bill the user for products and services, ship products, send orders, and process and fulfill orders and transactions;
- to provide you with information about our company, products, events, and promotions;
- to get in touch with the customer when necessary;
- to serve our own internal business purposes, such as maintaining or servicing accounts, providing customer service, verifying customer information, processing payments, and performing analytics;
- to conduct internal research for research, development and product improvement;
- to verify or maintain the quality or safety of a service or product and to improve, upgrade or enhance the service or product;
- to tailor our visitor's experience at our Website, showing them content that we think they might be interested in, and displaying the content according to their preferences;
- for short-term transient use, such as customization of ads shown as part of the same interaction;
- for marketing or advertising;
- for services of third parties that you authorize;
- in a de-identified or aggregate format; and
- in the case of IP Addresses, to help diagnose problems with our server, administer our Website, help identify you and your shopping cart, and gather broad demographic information.
- to detect and prevent fraudulent activity (we share this information with a third party service provider to assist us with this effort)
III. HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION?
We will keep the Personal Information we collect for as long as necessary to carry out the purposes set forth in this Policy or any other notice provided at the time of collection, but in no event longer than permissible under applicable law.
IV. WHO DO WE SHARE YOUR PERSONAL INFORMATION WITH?
Black Diamond is not in the business of selling Personal Information to third parties. However, Black Diamond shares your Personal Information with certain third parties, including:
- Black Diamond entities for the purposes and under the conditions outlined above.
- Other manufacturers or affiliate partners with whom we jointly operate stores, provide services, or sell product lines.
- Service providers processing Personal Information for business purposes on Black Diamond’s behalf, for example, to process credit cards and payments, arrange shipping and deliveries, host, manage and service our data, distribute emails, research and analysis, advertising, analytics, manage brand and product promotions as well as administering certain services and features. Black Diamond may use and disclose third-party analytics services, such as Google Analytics, to evaluate your use of the Website, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information related to the Website.
- Third party business partners such as advertising and marketing partners, research partners, consultants.
- Other third parties to the extent necessary to: (i) comply with a government request, a court order or applicable law; (ii) prevent illegal uses of our Website or violations of our policies; (iii) defend ourselves against third party claims; and (iv) assist in fraud prevention or investigation (e.g., counterfeiting).
- To any other third party where you have provided your consent.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
We may also transfer Personal Information we have about you in the event that we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).
Please note that third-party service providers have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your Personal Information will be handled by these providers.
In addition, this Website may contain links to other parties’ websites. Black Diamond is not responsible for the privacy practices or the content of such other websites.
V. HOW DO WE PROTECT YOUR PERSONAL INFORMATION?
We work to protect the security of your Personal Information during any transmission of same by using software which encrypts information you input.
We do not reveal the entirety of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
VI. HOW YOU CAN MANAGE YOUR PERSONAL INFORMATION.
Opting Out of Communications From Black Diamond:
You may elect not to receive online communications from us. To stop receiving Black Diamond email or catalogs, manage your email settings in My Account.
Users may opt-out of receiving future electronic communications by following the unsubscribe directions in those communications.
You may opt out of our MMS/SMS Program at any time. Text the keyword “STOP” to our short code to opt out of our MMS/SMS Program. Once you text “STOP” to our short code, you will receive one additional message confirming your request has been processed. You acknowledge that our text message platform may not recognize and respond to opt out requests that do not consist of the STOP keyword command and agree that Black Diamond and its service providers will have no liability for failing to honor such requests.
For help, text HELP to our short code or contact email@example.com or visit https://www.blackdiamondequipment.com/en_US/contact-us/ or call 1-800-775-5552 to receive customer care information. If you are experiencing any problems, please contact our customer care team.
VII. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL INFORMATION
Residents of certain states may have specific legal rights with respect to Personal Information.
If you are a California resident, the processing of certain personal data about you may be subject to the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act (“CPRA”), and other applicable California state privacy laws. The CCPA, and beginning January 1, 2023, the CPRA give you certain rights with respect to the processing of your Personal Information. These rights include:
- Right to Know Request: Under the CCPA, California residents have a right to request information about our collection, use, and disclosure of your personal information over the prior 12 months, and ask that we provide you with the following information: Categories of and specific pieces of Personal Information we have collected about you; Categories of sources from which we collect Personal Information; Purposes for collecting, using, or selling Personal Information; Categories of third parties with which we share Personal Information; Categories of Personal Information disclosed about you for a business purpose; If applicable, categories of Personal Information sold about you and the categories of third parties to which the Personal Information was sold, by category or categories of Personal Information for each third party to which the Personal Information was sold. To make a verifiable request for information about the Personal Information we have collected about you, please email us at firstname.lastname@example.org.
- Right to Delete Request: Under the CCPA, California residents also have a right to request that we delete personal information, subject to certain exceptions. You may exercise your right to delete by emailing us at email@example.com. Once your request is verified and we have determined that we are required to delete that information in accordance with applicable law, we will delete your Personal Information accordingly. Your request to delete your Personal Information may be denied if it is necessary for us to retain your information under one or more of the exceptions listed in the CCPA. Please note that a record of your deletion request may be kept pursuant to our legal obligations.
- Right to Opt-Out: Under the CCPA and CPRA, California residents have the right to opt-out of the sharing or disclosing of your personal information to a third party in any way, which includes the right to opt-out of targeted advertising. To make a verifiable request to opt-out of the sharing or disclosing of personal information we have collected from you, please email us at firstname.lastname@example.org.
- Right to Limit the Use of Sensitive Personal Information: California residents have the right under certain circumstances to limit the use and disclosure of Sensitive Personal Information used for the purpose of inferring characteristics about a person. To make a verifiable request to exercise this right, please email us at email@example.com.
- Right to Correct: Under the CPRA, California residents have the right to correct any factual errors in your personal information. To make a verifiable request to correct factual errors in the personal information we have collected from you, please email us at firstname.lastname@example.org or call us toll-free at (800) 775-5552.
California Privacy Rights under the "Shine the Light" Law: Pursuant to Section 1798.83 of the California Civil Code (a separate law from the CCPA), residents of California have the right to ask us for a notice describing the categories of Personal Information we have shared with third parties or among our affiliated companies, for their direct marketing purposes, during the preceding calendar year. If you are a California resident and would like a copy of this notice, please send an email message to email@example.com with “Request for California Privacy Information” in the subject line and body of your message. Please allow 30 days for a response.
Colorado, Connecticut, Virginia, and Utah:
State laws of Colorado, Connecticut, Virginia, and Utah provide residents with the rights to: Confirm whether we process your Personal Information; Access and delete certain Personal Information; Data portability; and Opt-out of personal data processing for targeted advertising and sales (i.e. use of information to delivery advertisements according to our advertisers' target-audience preferences).
State laws of Colorado, Connecticut, and Virginia also provide residents with the rights to: Correct Personal Information; and Opt-out of profiling in furtherance of decisions that produce legal or similar effects.
To exercise these rights, please email us at firstname.lastname@example.org.
Automated Decision Making (Data Profiling):
Black Diamond uses consumer data for automated decision making (data profiling).
We do not knowingly collect household data. If all the members of a household makes a verifiable Right to Know or Right to Delete request under applicable state law, we will respond as if the requests are individual requests.
You may make a verifiable consumer request related to your personal information twice per 12-month period. We will not discriminate against you for exercising any of your rights under the CCPA or other applicable state law.
Requests made through Agents:
You may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.
Disclosures of Personal Information for a Business Purpose:
In the last 12 months, Black Diamond may have disclosed certain Personal Information (e.g., username; display name; email address; billing information and history; business information, if applicable) to third party recipients for one or more business purposes.
Please contact us at email@example.com for information on how to appeal a decision regarding a consumer rights request.
VIII. CHILDREN’S PRIVACY
We do not sell products for purchase by children. To the extent that we sell any children’s products, they only for purchase by adults. We do not direct our site to, nor do we knowingly collect any personal information from, children under the age of eighteen.
You must be 18 years of age or older to submit Personal Information to us. You must be 18 years of age or older to place an order on the site or participate in one of our online promotions.
If you are a minor (under the age of 18), you can use our Website only in conjunction with your parent’s or guardian’s permission. If a child under the age of 13 has provided us with Personal Information online, we ask that a parent or guardian contact us at firstname.lastname@example.org.
Black Diamond will update this Policy from time to time. We will notify users of such changes by posting a revised Policy on this page. Such changes will be effective immediately upon posting of the revised Policy to the Website. We encourage you to check back periodically so that you are always aware of any such changes.
X. HOW TO CONTACT US
If you have any questions or concerns about this Policy, please email us at email@example.com.
You can contact us by regular mail at:
Black Diamond Equipment, Ltd.
Attn: Data Protection
2084 East 3900 South
Salt Lake City, UT 84124
You can call us at (800) 775-5552.
XI. HOW DOES THIS POLICY APPLY TO INTERNATIONAL USESRS? The Website that links to this Policy is intended for users in the United States. If you choose to provide Black Diamond with your information, you consent to the transfer, storage, and processing of that information on our servers located in the United States and around the world. The information collected by Black Diamond may be subject to international and U.S. state and federal law. If you are accessing the Website from outside the U.S., please be advised that you may be transferring your personal information to us in the United States where data protection and privacy laws may be different than the laws of your country. By using the Website, you consent to the transfer and use of your personal information in accordance with this Policy.