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Privacy Policy

Updated October 2, 2020

By using our website, signing up for email, using our other products or services, or otherwise providing information to us, you are accepting the practices described in this Backcountry Access Privacy and Data Protection Policy.

 

INTRODUCTION

Backcountry Access, through it’s parent company K2 Sports, is committed to respecting the privacy of our website visitors, customers, partners, and employees by protecting your privacy and complying with applicable data protection and privacy laws such as GDPR Guidelines. We believe it is important that you understand the kinds of data we collect about you, how we protect that data, and how it is used. By using the Site, signing up for email, or otherwise providing information to us, you are accepting the practices described in this Privacy and Data Protection Policy (“Privacy Policy”).

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Our Privacy Policy is intended to help you clearly and easily understand:

  • The purpose of this privacy policy;

  • What information is being collected;

  • How your information is collected;

  • How your information will be used, processed, and shared;

  • Your Personal Data rights and how you can control your information; and

  • Information on Cookies.

 

THE PURPOSE OF THIS PRIVACY POLICY

We recognize the need for appropriate safeguards and management of personal data (“Personal Data” refers to the information relating to an identified or identifiable individual – i.e. a natural person) you provide to us. This Privacy Policy sets forth the privacy principles K2 Sports follows with respect to your Personal Data.

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This privacy statement covers all Personal Data received by K2 Sports at the website www.backcountryaccess.com (the “Site”). It also applies to Personal Data we collect when you otherwise interact with us, such as when you make a payment, place an order, sign up for emails, or contact customer service. This Policy also applies to Personal Data that we may receive from our partners and third-party sources. We shall protect your personal data and ensure it is not accessible by unauthorized third parties through proper technical and organizational measures. Also, since we cannot guarantee complete data security on communication via email, we advise you to use encryption while sending confidential information or use postal mail to send confidential information. This Privacy Policy applies to Personal Data from the European Union and from Switzerland that is collected, used, retained, and processed by K2 Sports in the United States, the European Union, Canada, Japan, Norway, or China.

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DATA COLLECTION – WHAT AND HOW INFORMATION IS COLLECTED, USED, PROCESSED, AND STORED

For the use of the website, the delivery of goods or the provision of services, we collect various types of data, some of which are provided by you as a user and some of which are necessary for the use of the website or arise from the use of the website. Personal data are individual details about personal or professional circumstances of a specific or identifiable natural person, such as your name, your address, your telephone number, your date of birth, your payment data and your IP address. Your personal data will only be passed on or otherwise transferred to third parties if the transfer is necessary for the purpose of contract processing (for example for payment processing or sending goods via parcel service) or if you have given your express consent. The information is not used for any other purpose and no automatic decision processing will take place.

If we use contracted service providers for individual functions of our offers via this website or would like to use your data for advertising purposes, we will inform you in detail about the respective processes below. We also specify the defined criteria for the storage period.  The following data protection principles apply to the use of our website and other services offered through it (e.g. contact form, registration, shop):

1. We protect your personal data by taking all reasonable and necessary technical and organizational possibilities so that they are not accessible to unauthorized third parties. Our website and other services offered through it therefore use appropriate encryption mechanisms for the provision of content and during the input and transmission of data. When communicating by e-mail, we also recommend the use of encryption for confidential information.

2. Your personal data will only be passed on to third parties,

 

  • if you have given your express consent pursuant to Art. 6 para. 1 sentence 1 a) DSGOV;

  • if the transfer is necessary for the fulfilment of contractual obligations pursuant to Art. 6 para. 1 sentence 1 b) DSGVO;

  • if we are legally obliged to pass on the data within the meaning of Art. 6 Par. 1 S. 1 c) DSGVO;

  • if the disclosure of the data is in the public interest within the meaning of Art. 6 para. 1 e) DSGVO or;

  • if the disclosure of data pursuant to Art. 6 para. 1 sentence 1 f) DSGVO is necessary to protect our legitimate interests or the legitimate interests of a third party, provided that your interests in the protection of your data do not prevail.

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3. If you send us e-mail messages or other messages, in particular comments, or enter them directly on the Website, we will retain such messages in order to process the request, respond to questions and improve the Website, products and services. We delete the data arising in this context after the storage is no longer necessary or limit the processing if statutory retention obligations exist.

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4. If you provide feedback (for example on the Website), we may use and disclose this feedback for any purpose, as long as we do not provide it with your personal data, i.e. anonymously or pseudonymously. The collection of data contained in such feedback and the handling of all personal data contained therein is in accordance with the data protection principles set out herein.

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5. You have the right to ask about your personal data free of charge at any time. Furthermore, you have the right at any time to revoke your consent to the use of your personal data with effect for the future and to request correction or deletion of the data stored by us.In particular, you have the following rights towards us with regard to the personal data related to you:

 

  • Right to access information,

  • Right to correction or erasure,

  • Right to limitation of processing,

  • Right of withdrawal of the consent to processing,

  • Right to data transferability.

6. You also have the right to complain to a data protection supervisory authority about our processing of your personal data. You have the following individual rights:

 

  • Right to information pursuant to Art. 15 GDPR on the processing of your personal data by us for processing purposes, categories of processed data, recipients or categories of recipients, duration of storage or criteria for determining the duration, right to correction, deletion, restriction of processing or objection to processing, right of appeal to the supervisory authority, information on the origin of the data where applicable and the existence of automated decision-making and, where applicable, information on guarantees pursuant to Art. 46 GDPR in the event of transfer to a third country or international organisations;

  • Right to immediate correction of incorrect or incomplete personal data in accordance with Art. 16 GDPR;

  • Right to erasure of the personal data stored pursuant to Article 17 GDPR if the data are no longer necessary for the purposes for which they were collected or otherwise processed, if a consent granted has been revoked and there is no other legal basis, if opposition to the processing has been lodged and the data pursuant to Article 17 GDPR is no longer required. 21 para. 1 or 2 GDPR may no longer be processed if the data were processed unlawfully, if deletion is necessary to fulfil a legal obligation or if the data were collected in relation to information society services offered in accordance with Art. 8 para. 1 GDPR. This does not apply if the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

  • The right to restrict processing in accordance with Article 18 GDPR, if you dispute the accuracy of the data (for the period necessary to verify their accuracy), if the processing is unlawful but you refuse to delete the data and instead request the restriction of use, if we no longer need the data for the purposes of processing but you need the data to assert, exercise or defend legal claims, or if you object to the processing in accordance with Article 18 GDPR. 21 para. 1 GDPR, as long as it is not yet clear whether our justified reasons outweigh your justified reasons;

  • Right to object to the processing of your personal data pursuant to Art. 21 para. 2 GDPR (if the data are processed for the purpose of direct marketing) or pursuant to Art. 21 para. 1 GDPR (if the processing is carried out pursuant to Art. 6 para. 1 sentence 1 e) or f) GDPR, for reasons arising from your particular situation, unless we have compelling grounds for processing that outweigh your interests or the processing serves to assert, exercise or defend legal claims).

  • Right to data transferability in accordance with Art. 20 GDPR, i.e. to receive the personal data concerning you that you have provided to us in a structured, current and machine-readable format or to transfer it to another person responsible;

  • Right to revoke consent granted at any time in accordance with Art. 7 para. 3 GDPR. The consequence of the revocation is that from the time of the revocation we may no longer carry out the data processing for the future.

  • Right of appeal to a supervisory authority pursuant to Art. 77 GDPR. The right of appeal is without prejudice to other administrative or judicial remedies.

  • The address of the supervisory authority responsible for us in Europe is Bayerisches Landesamt für Datenschutzaufsicht (BayLDA) Promenade 27, 91522 Ansbach  https://www.lda.bayern.de/de/kontakt.html

  • Please contact the data protection officer via the contact data stated in Section 2 above to request information and for withdrawal as well as for notification of a request for deletion; the data protection officer will then provide the information immediately or confirm the execution of your request for deletion. A deletion requested by you will then be carried out subject to statutory retention obligations. If a deletion cannot take place completely due to legal storage obligations, we limit the processing of the data concerned and inform you accordingly.

  • If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at: https://feedback-form.truste.com/watchdog/request

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7. Data that is provided actively by you as user of the website or services:

  • As far as the website or an action via our website requires a registration, the basic data for the registration, determined by the respective registration form are transmitted, processed and stored and only collected, stored and used for the use of the website and its services. In the context of such registration we are also entitled to inform you about changes, additions or new versions of the website, changes of our terms and conditions as well as these privacy statement and additional information provided via the website as well as e.g. about new products.

  • If you register for the subscription of a newsletter, this registration can take place under indication of the e-mail address without further data. Additional information will not be requested.We use the so-called double opt-in procedure for sending the newsletter. As part of this process, we first send the user an e-mail to the specified e-mail address. However, the user will not receive a newsletter by e-mail until the user clicks on the link received in the e-mail and has expressly confirmed to us that we should activate the newsletter service. After your confirmation we will save your e-mail address only for the purpose of sending you the newsletter. The legal basis is Art. 6 Para. 1 S. 1 lit. a GDPDRWe would like to point out that we evaluate your user behaviour when sending the newsletter. For this analysis, the e-mails sent contain so-called web beacons or tracking pixels, which represent single-pixel image files stored on our website. For evaluation purposes, we link the above data and web beacons to your e-mail address and an individual ID. You can object to this tracking at any time by clicking on the separate link provided in each e-mail or by informing us by another contact method. The information is stored for as long as you have subscribed to the newsletter. After a cancellation we store the data purely statistically and anonymously.If at any time you no longer wish to receive newsletters from us, you can object to the newsletter subscription at any time without incurring any costs other than the transmission costs according to the basic rates. A message in text form to the contact data specified in the imprint is sufficient for this. Of course you will also find a unsubscribe link in every newsletter.

  • The data created by users within the scope of using the website via a login or a newsletter registration are stored on servers operated in our name. However, the server operators are subject to the same data protection standards as we are and are operated in the European Union and the US.

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8. Contact forms

  • On our website you have the option of sending us requests using “Contact” forms or other variations of communication channels. Here you can ask questions about our company, our products or our services. In order to enable you to make targeted contact with us, we have provided various ways of making contact.

  • In order to be able to process your request, we ask you to provide personal data in our input mask. This includes your name, e-mail address and other information such as the subject of your inquiry and your message text. In addition to the mandatory fields, you can also enter additional information. Optionally, address and/or telephone number can be specified.
    This information enables us to respond comprehensively to your request. The communication of the data you provide in this context is expressly on a voluntary basis.

  • The personal data transmitted to us from your above-mentioned details as well as the time of contacting us will only be used for the purpose for which you made them available to us when contacting us – in particular the processing of your inquiry. The information you provide will only be used to process your request. The data will not be used for other purposes or passed on to third parties without your express consent. Excluded from this – insofar as it is necessary to fulfil your request – are partner companies. These could be, for example: Our suppliers, payment and logistics partners and our trading partners. If there are no legal storage obligations, your personal data will be deleted after the request has been processed.

  • The legal basis for data processing is Art. 6 para. 1 p. 1 f) DSGVO. Our legitimate interest is that we need your data in order to process or respond to your communication.

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9. Data collected directly in the context of your use of the website:

  • While a purely informational use of the website, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data, which are technically necessary for us to display our website to you and to guarantee its stability and security (legal basis is Art. 6 Para. 1 S. 1 lit. f GDPR):

    • IP address (stored shortened in accordance with data protection regulations)

    • date and time of the request

    • Time zone difference to Greenwich Mean Time (GMT)

    • Content of the request (specific page)

    • Access status/HTTP status code

    • the amount of data transferred in each case

    • Website from which the request originates

    • Browser name and version, language setting

  • When you visit our website and when using the services offered via the website, the server sends one or more cookies – 1small files containing a string of characters – to the user’s computer or other data processing unit, which uniquely identifies the browser. We use cookies to improve the quality of the website, including to store usage preferences and track user trends.

  • Cookies can be set in one of the following types:

    • Transient cookies are automatically deleted when you close your browser. This includes in particular the session cookies. These store a so-called session ID, with which different requests of your browser can be assigned to the common session. This will allow your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close your browser.

    • Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can delete cookies at any time in the security settings of your browser.

    • Third-party cookies are cookies that are set by third parties and can be either transient or persistent cookies.

  • You can set your browser to notify you when a cookie is sent. This opens up the possibility of either accepting or rejecting a cookie. The information collected and analyzed is used to improve the services and the website, to personalize the web experience, and to allow easy login to permanently set login cookies.

  • We may use the services of third parties to evaluate the efficiency of the website and services and to determine how visitors use the website and or the services and, where appropriate, to provide a personalized user experience when evaluating cookies. The website may use web beacons (tracking pixels) and cookies provided by third parties for this purpose. The information collected by the provider includes the pages visited, navigation patterns and similar data. This data enables us to find out which product information is most interesting for users and which offers users prefer to view. Furthermore, we do not exclude the possibility that we transmit anonymous usage data for market research purposes. Although we may have commissioned third parties to log the data originating from our website, we have control over how this data may or may not be used. The cookie itself does not contain any personal data, but if you provide personal data when visiting the website and do not delete the cookie from your browser after providing this data, the provider collects the non-personal data stored in the cookie (such as the number of visits to the provider) and stores and processes this anonymously.

  • If we use Flash cookies, these are not collected by your browser, but by your Flash plug-in. We also use HTML5 storage objects that are stored on your mobile device. These objects store the required data independently of your browser and do not have an automatic expiry date. If you do not wish the Flash cookies to be processed, you must install an appropriate add-on, e.g. “Better Privacy” for Mozilla Firefox or the Adobe Flash killer cookie for Google Chrome. You can prevent the use of HTML5 storage objects by using private mode in your browser. We also recommend that you regularly delete your cookies and your browser history manually.

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10. Data collected in the context of the use of the website by analysis tools (WebAnalytics) or third party services used by us with our website:

 

YOUR PERSONAL DATA RIGHTS AND HOW YOU CAN CONTROL YOUR INFORMATION

At any time, if you believe Personal Data about you within our control has been accessed by unauthorized persons, please contact us. An important part of ensuring the security of Personal Data is your own effort to protect it against unauthorized access or use. You shall have the right to inquire at any time, free of charge, about your personal data collected. You shall have the right to at any time revoke your consent to use of your Personal Data from that moment forward. To request information or revoke your consent, please contact the data protection officer at privacy@k2sports.com, who shall then promptly provide information and take the necessary steps to resolve the issue.

  • Opt-Out Choices

We will endeavor to process any opt-out request that you make in accordance with the instructions below within one week reasonable time. Please email us marketing@backcountryaccess.com.

Printed Materials: to opt out of receiving printed marketing materials at your postal address such as catalogs, flyers and postcards, contact us at marketing@backcountryaccess.com.

Emails: to opt out of further marketing emails, use the method provided at the bottom of the email (by clicking on the “unsubscribe” link) or by contacting us at marketing@backcountryaccess.com.

  • Children

You may provide or we may ask for Personal Data about children. We do not, however, want to collect Personal Data from children. Do not provide us any Personal Data (directly or on site bulletin boards, etc.) unless you are at least 13 years of age. We encourage parents to caution their children not to provide any Personal Data. If a child under 13 has provided Personal Data, a parent or guardian may so inform us by writing us at the address noted below, and we will use commercially reasonable efforts to delete it from our database, subject to applicable law and this Policy.

  • Newsletters

You may optionally choose to sign up for an email newsletter through various email signup forms throughout the Site. When you do so, that information is stored securely by a third-party service whom we use specifically for managing our newsletter sending and subscribership. You can always opt-out of the newsletter at any time. The only information stored about you during registration is the information you provide, such as your email address, and possibly your IP address information, such as your country of location.

  • Other Applicable Terms

This Policy does not modify or alter any applicable agreement you have or may have with Backcountry Access or K2 Sports. Additionally, your use of certain of our products or services (e.g., equipment rentals), or your participation in certain special events or activities, may be subject to one or more applicable agreements, and certain other terms may all apply to your use, purchase, or participation. If this Policy conflicts with any portion of those terms and agreements, those terms and agreements govern to the extent of the inconsistency.

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INFORMATION ON COOKIES, WEB BEACONS AND SIMILAR TECHNOLOGIES

We use “cookies” or other tracking mechanisms to help support the integrity of registration and buying processes on our site, to retain changes that you made (e.g., if you personalize a page), and to learn about your possible interest so that we can try to personalize marketing. A “cookie” is a small data file that our site transfers to your computer for storage to allow our server to “remember” specific Personal Data. We also use cookies or similar information for typical business purposes such as to administer the site, to track and analyze visitor traffic so that we can adjust the site, and to advertise and promote our products and services. The cookies or other tracking mechanisms collect at least the following: your domain name and host for Internet access; the Internet address of the site from which you came; the date and time of your access; and your computer’s IP address and information about its operating system and browser. These technologies help us to combat fraud or misuse and to remember things like: (1) the profile facts you tell us about yourself, (2) your specified areas of interest on our sites, (3) the items you’ve placed in your shopping basket, and (4) the pages you visit as you shop. In our emails we use “pixel tags” to determine if your email software or service can display html-formatted email (this helps us optimize the size of our messages and conserve bandwidth). You can disable some cookies, but the site won’t necessarily function as designed (e.g., cookies must be enabled to register or make purchases).

We also allow collection by analytic service provider(s) of site click-stream and cookie data to help us track aggregate and individual use of our site and determine possible interests of users (e.g., if you read a site article about tents, during a subsequent visit we might present you with an article about maintaining tents). Some advertisers might use their cookies on our site or in their messages to you. If you click on an advertisement, a cookie might be placed on your computer. To find out how these kinds of companies tend to collect and use information or to take advantage of any opt-out opportunities they provide, visit their sites to see their privacy policies. We do not control these companies, and their practices and policies may change over time.

It is our hope that you find the display of advertising to you based on your non-personally identifying browsing interests valuable; however, if you would prefer not to participate in the services offered through these solutions, you can always opt-out of this activity by visiting the Network Advertising Initiative (NAI) website at.

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CHANGES TO THIS POLICY

This Policy replaces all previous disclosures we may have provided you about our Personal Data practices. We will update this Policy if our practices change or if laws or regulations require that we change it. If we decide to disclose Personal Data in a way that is materially different from that which was stated in this Policy at the time Personal Data was collected, we will notify you by posting notice of the change on our site and on this page for a reasonable period before we implement that change and, if feasible, will give you an opportunity to opt-out of the proposed use of Personal Data.

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HOW TO CONTACT US

We respect your privacy and are committed to effecting the policies described in this Privacy Policy. If you have any questions, comments or concerns about this Privacy Policy or about our privacy practices, please contact our customer service representatives:

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In North America:
Backcountry Access
2820 Wilderness Place, Unit H
Boulder, CO 80301 USA
Contact Email: privacy@K2sports.com
Phone: 303-417-1345

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In Europe:

In Europe, the persons responsible in the meaning of. Art. 4 Para. 7 General Data Protection Regulation (GDPR):

Europe GmbH
K2 Sports Europe GmbH
Seeshaupter Str. 62
82377 Penzberg Germany
Contact E-Mail: datenschutz@k2sports.de
Phone: +49 (0) 8856-901-0

To read this policy in German – Bitte Lesen Sie unsere Datenschutz auf Deutsch.

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