INTRODUCTION. BLACK PINE SPORTS, Inc., a corporation formed under the laws of the State of Utah, U.S.A. (referred to herein as \"BLACK PINE SPORTS,\" the \“Company,\” \"we,\" \"us\" and \"our\"), understands the importance of the privacy of individuals (referred to as \"users\" and \"you\") who visit and interact with our websites, participate in our interactive bulletin boards and forums, if any, or purchase BLACK PINE SPORTS products online. This Security and Privacy Statement (the \"Statement\") outlines the information BLACK PINE SPORTS collects through BLACKRHINOUSA.COM, THEBACKSIDE.COM, TURBOTENT.COM, GRIZZLYSTUFF.COM, BLACKPINESPORTS.COM and any other BLACK PINE SPORTS owned websites (collectively, the \"BLACK PINE SPORTS WEBSITES\"), and how BLACK PINE SPORTS will use and disclose that information. This Statement represents the sole, authorized statement of BLACK PINE SPORTS's practices with respect to the collection of information through the BLACK PINE SPORTS WEBSITES and BLACK PINE SPORTS's use of such information. By using the BLACK PINE SPORTS WEBSITES, you agree to and accept all terms of this Statement. If you do not agree to this Statement, please do not use the BLACK PINE SPORTS WEBSITES.
This Statement applies solely to BLACK PINE SPORTS's collection of information through the BLACK PINE SPORTS WEBSITES and BLACK PINE SPORTS's use and disclosure of such information. This Statement does not apply to any of the following: (a) BLACK PINE SPORTS's collection of information through any website other than the BLACK PINE SPORTS WEBSITES, or the use or disclosure of any information so collected; (b) BLACK PINE SPORTS's collection of information offline, for example, by telephone or direct mail, or the use or disclosure of any information so collected; or (c) the collection, use or disclosure of information by any of our subsidiaries or affiliated entities or any third party.
BLACK PINE SPORTS controls and operates the BLACK PINE SPORTS WEBSITES from its offices located in the State of Utah, U.S.A. and the BLACK PINE SPORTS WEBSITES are not intended to subject BLACK PINE SPORTS to the laws or jurisdiction of any state other than Utah or any country other than the United States. BLACK PINE SPORTS makes no representation or warranty that any BLACK PINE SPORTS WEBSITE, in whole or in part, is appropriate or available for use in other locations. Those who choose to access the BLACK PINE SPORTS WEBSITES from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
CHANGES TO THIS STATEMENT. Because our business changes continually, we reserve the right to change this Statement without prior notice. You can determine when this Statement was last revised by referring to the \"LAST UPDATED\" legend at the top of this page. Any changes to this Statement will become effective upon posting of the revised Statement on the Internet, accessible through the BLACK PINE SPORTS WEBSITES. Your continued use of the BLACK PINE SPORTS WEBSITES following the posting of changes to our Statement constitutes your agreement to and unconditional acceptance of those changes.
THE INFORMATION WE COLLECT. We collect two basic types of information through the BLACK PINE SPORTS WEBSITES: Personally Identifiable Information and Non-Personally Identifiable Information. \"Personally Identifiable Information\" (or \"PII\") is information that identifies you as an individual — for example, your name, address, telephone number, email address, credit card information, billing address and shipping information. \"Non-Personally Identifiable Information\" (or \"Non-PII\") is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity.
1. PERSONALLY IDENTIFIABLE INFORMATION (PII). You do not have to provide PII to access the BLACK PINE SPORTS WEBSITES. However, in order for you to take advantage of particular opportunities provided through the BLACK PINE SPORTS WEBSITES (for example, to register for an account with BLACK PINE SPORTS, to make a purchase through an BLACK PINE SPORTS WEBSITE if applicable, or to sign up to receive BLACK PINE SPORTS email newsletters, promotional material or other items, if any), we may require that you furnish us with PII through the BLACK PINE SPORTS WEBSITES. BLACK PINE SPORTS will collect PII from you through the BLACK PINE SPORTS WEBSITES only when you provide it to us voluntarily.
2. NON-PERSONALLY IDENTIFIABLE INFORMATION (NON-PII). When you visit and interact with the BLACK PINE SPORTS WEBSITES, we and our third party and affiliated service providers who provide certain services (including without limitation website hosting, data analysis, newsletter services, order fulfillment, and other services of an administrative nature, such third party and affiliated service providers, our \"Service Providers\") may collect Non-PII (for example, a list of the BLACK PINE SPORTS WEBSITE pages you visit). Non-PII is generally collected from four different sources: server log files, cookies, pixel tags, and information that you voluntarily provide.
• SERVER LOG FILES. Your Internet Protocol (IP) address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our and/or our Service Providers' server log files whenever you visit the BLACK PINE SPORTS WEBSITES, along with the time(s) of your visit(s) and the page(s) that you visited. We use your IP address, and the IP addresses of all users, to calculate usage levels on the BLACK PINE SPORTS WEBSITES, to help diagnose problems with the BLACK PINE SPORTS WEBSITES' servers, and to administer the BLACK PINE SPORTS WEBSITES. We also reserve the right to use IP addresses to communicate with users and, if necessary, to block access by users who fail to comply with our Terms and Conditions of Use [HYPERLINK] located at all of the BLACK PINE SPORTS WEBSITES (the \"Terms and Conditions of Use\") or other policies. Collecting IP addresses is standard practice on the Internet, and IP addresses are collected automatically by many websites.
• PIXEL TAGS. We and our Service Providers may also use so-called \"pixel tags,\" \"web beacons,\" \"clear GIFs\" or similar means (collectively, \"Pixel Tags\") in connection with some BLACK PINE SPORTS WEBSITE pages and HTML-formatted email messages to, among other things, compile aggregate statistics about website usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to website visitors and may be associated with cookies on visitors’ hard drives. Pixel Tags allow us and our Service Providers to count users who have visited certain pages of the BLACK PINE SPORTS WEBSITES, to deliver customized services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when the email has been opened.
• OTHER NON-PERSONALLY IDENTIFIABLE INFORMATION THAT YOU VOLUNTARILY PROVIDE. We also collect certain Non-PII — for example, information about your interests, your geographic location, etc. — when you voluntarily provide such information to us. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify you or any other user of the BLACK PINE SPORTS WEBSITES, for example, by using PII to calculate the percentage of our users who have a particular zip code or telephone area code. Such aggregate information is deemed to be Non-PII for purposes of this Statement.
HOW DO WE USE THE PII WE COLLECT? We may use the PII we collect in the following ways: • RESPONDING TO YOUR INQUIRIES AND FULFILLING YOUR REQUESTS. We may use your PII to respond to your inquiries to BLACK PINE SPORTS and to fulfill your requests — for example, to send you newsletters or special offers that you request when you sign up to join our mailing lists, to send you updates about BLACK PINE SPORTS news and events or to complete transactions initiated by you on the BLACK PINE SPORTS WEBSITES.
• COMMUNICATING WITH YOU ABOUT PRODUCTS AND SERVICES. Subject to your right to opt out (see \"OPTING OUT OF CERTAIN BLACK PINE SPORTS COMMUNICATIONS\" below), we may use your PII to send you information about specials, new products and services, and other items that may be of interest to you.
• PERSONALIZING YOUR BLACK PINE SPORTS WEBSITE EXPERIENCE. We may use your PII to personalize your experience on the BLACK PINE SPORTS WEBSITES, for example, by presenting products and offers to you through the BLACK PINE SPORTS WEBSITES that we believe may be of interest to you.
• SENDING ADMINISTRATIVE EMAILS. From time to time, at our sole discretion, we may use your PII to send you emails (a) to confirm your registration with the BLACK PINE SPORTS WEBSITES, (b) to confirm a transaction through the BLACK PINE SPORTS WEBSITES, (c) to inform you that we have received your PII, (d) to provide you with information regarding the BLACK PINE SPORTS WEBSITES, or (e) to inform you of changes to this Statement, our Terms and Conditions of Use, or our other terms, conditions, or policies (although such email notice is not required for such changes to be effective and binding on you) (\"Administrative Emails\"). Because this information may be critical to your use of the BLACK PINE SPORTS WEBSITES, you may not opt out of receiving Administrative Emails.
TO WHOM DO WE DISCLOSE THE PII WE COLLECT? We may disclose the PII we collect in the following ways: • DISCLOSURE TO THIRD PARTIES FOR DIRECT MARKETING PURPOSES. We may disclose your PII to third parties for their direct marketing purposes only when you affirmatively consent to such disclosure. For example:
• Facilitating Special Offers from Third Parties: From time to time, we may give you the opportunity to opt in to participate in special third party offers that require us to share certain PII with such third parties. We will disclose this anticipated sharing of PII at the time we make such opportunities available to you. If you opt in to participate in such an offer, we may disclose your PII to such third parties for their direct marketing purposes. We recommend that you consult such third parties' privacy policies in advance if you wish to participate in these offers.
• ENABLING SERVICE PROVIDERS TO PROVIDE SERVICES. We may share your PII with Service Providers for the purpose of enabling them to provide services. Although we seek to require our Service Providers to treat PII confidentially, BLACK PINE SPORTS is not responsible or liable for the statements, acts or omissions of such Service Providers.
• FACILITATING SWEEPSTAKES, CONTESTS AND SIMILAR PROMOTIONS. We may, whether alone or in cooperation with third party sponsors, operate sweepstakes, sales, contests and similar promotions (\"Promotions\") through or in connection with the BLACK PINE SPORTS WEBSITES. We typically ask you for certain PII when you enter or otherwise participate in a Promotion, and, if applicable, when you win a Promotion. We reserve the right to share this PII with affiliated and third party sponsors of such Promotions (\"Sponsors\"), or otherwise in accordance with the rules applicable to the Promotion. You should carefully review the rules of each Promotion in which you participate through the BLACK PINE SPORTS WEBSITES, as they may contain important additional information about our or Sponsors' use of your PII. To the extent that the terms and conditions of such rules concerning the treatment of your PII conflict with this Statement, the terms and conditions of such rules shall control.
• FACILITATING \"EMAIL A FRIEND\" FUNCTIONALITY. If you wish to use a BLACK PINE SPORTS WEBSITE's functionality to send a friend a link to a BLACK PINE SPORTS WEBSITE page, you must provide us with your name and email address, as well as your friend's name and email address, so that we may facilitate your sending of such link. Your name and your email address will be disclosed to your friend in such email, and you shall be responsible and liable for any claims, losses, or damages resulting from your providing your friend’s name and email address to BLACK PINE SPORTS.
• BUSINESS TRANSFERS. We reserve the right to transfer any and all PII and Non-PII that we collect from users of the BLACK PINE SPORTS WEBSITES to a third party in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of BLACK PINE SPORTS's assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
• OTHER DISCLOSURES. Finally, notwithstanding any other provision of this Statement or the Terms and Conditions of Use to the contrary, we reserve the right to disclose and use your PII if we believe that we are required to do so: (a) by law; (b) in response to legal process, for example, in response to a court order, discovery request, or a subpoena; (c) in response to a law enforcement agency's request; (d) to enforce the Terms and Conditions of Use, any other agreement with you, or our other terms, conditions, or policies; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of BLACK PINE SPORTS, you or others; and/or (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about you to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.
HOW DO WE USE AND DISCLOSE THE NON-PII WE COLLECT? Because Non-PII does not personally identify you, we reserve the right to use Non-PII, and to disclose Non-PII to third parties, for any purpose.
COLLECTION, USE AND DISCLOSURE OF INFORMATION BY THIRD PARTIES. NOTE THAT THIS STATEMENT DOES NOT ADDRESS THE PRIVACY PRACTICES OR POLICIES OF THIRD PARTIES. Without limiting the foregoing:
1. OPERATORS OF THIRD PARTY SITES AND SERVICES. The BLACK PINE SPORTS WEBSITES may contain links to websites operated by third parties, or may embed services operated by third parties (\"Third Party Sites/Services\"), and those third parties may have privacy practices that are different from ours. If you provide information through any Third Party Site/Service, such information will be collected by, and may be used and disclosed by such third parties, in accordance with the privacy practices and policies of such third parties. BLACK PINE SPORTS WEBSITE users should consult such third parties' privacy policies when using Third Party Sites/Services, as we have no control over the use or disclosure of information by third parties.
SECURITY. We are aware of concerns regarding the privacy and confidentiality of PII. We have put in place certain physical, electronic and managerial procedures to help us safeguard against unauthorized access to PII and to help maintain data security. For example, we use an encryption technology to help protect the transmission of certain information to and from the BLACK PINE SPORTS WEBSITES. Unfortunately, no data transmission over the Internet or data storage solution will be 100% secure. As a result, although we take steps to protect your PII, we cannot ensure or warrant the security of any information you transmit to or receive from us or that we store on our or our Service Providers' systems.
You are ultimately responsible for maintaining the secrecy of your user name, passwords and/or any account information. You are not permitted by BLACK PINE SPORTS to, and we recommend that you do not, disclose your username and password to any other person. If you have reason to believe that your interaction with an BLACK PINE SPORTS WEBSITE is no longer secure (for example, if you feel that the security of your BLACK PINE SPORTS WEBSITE username or password has been compromised), you must immediately notify us of the problem by contacting us in accordance with the section entitled \"CONTACTING US,\" below. (Note that contacting us by physical mail will delay the time it takes for us to respond to your communication.)
OPTING OUT OF CERTAIN BLACK PINE SPORTS COMMUNICATIONS. If you would prefer not to receive email messages from BLACK PINE SPORTS about new products, specials and other items of interest, you may opt out from receiving such messages by following the \"unsubscribe\" instructions contained in any such emails you have received, or, if you have registered with a BLACK PINE SPORTS WEBSITE, you may use that BLACK PINE SPORTS WEBSITE's \"modify account information\" or similar functionality to opt out from receiving such messages.
Please note that we are not able to remove your PII from the databases and other records of third parties with which we have already shared your PII pursuant to this Statement. If you wish to cease receiving marketing messages from third parties, please contact such third party directly.
CHANGING OR REMOVING YOUR PII. We provide you with several options through the BLACK PINE SPORTS WEBSITES for reviewing, correcting, updating or otherwise modifying PII that you have previously provided through the BLACK PINE SPORTS WEBSITES. If you registered with a BLACK PINE SPORTS WEBSITE, you will be able to view, change, modify or remove certain information contained in your personal profile by using the tools found in the profile section of the applicable BLACK PINE SPORTS WEBSITE(S). For example, if you registered as a customer at www.turbotent.com, you can use that website's \"modify account info\" functionality to view, change, modify or remove certain information contained in your www.turbotent.com profile. We will endeavor to comply with your requests to change, modify or remove your PII as soon as reasonably practicable. However, we may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. We also reserve the right, from time to time, to re-contact former BLACK PINE SPORTS WEBSITE visitors and users. Finally, we are not responsible for removing information or causing information to be removed from the databases or other records of third parties (including vendors and Service Providers) with whom we have already shared your PII.
CHILDREN. The BLACK PINE SPORTS WEBSITES are not directed to individuals under the age of thirteen (13), and we request that such individuals not provide personally identifiable information, or PII, through the BLACK PINE SPORTS WEBSITES.
CONTACTING US. If you have any questions regarding this Statement, please contact us either by email at firstname.lastname@example.org, or by regular mail at BLACK PINE SPORTS, Inc. 1880 West 1500 South, Salt Lake City, UT 84017 Attn: Vice President of Operations. Please note that email communications are not necessarily secure. Accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.