By providing any personal information acquired during visitors’ and customers’ visits to the Site and/or by accessing and using the Site or Cutler Sports’ microsites used in connection with contest and/or promotional offers, you hereby agree to all of the terms and conditions of the Policy and consent to the collection, use and disclosure of your personal information as described in the Policy. You are responsible to ensure that your access to the Site and material available on or through it is legal in each jurisdiction in or through which you access or view the Site or such material.
The terms “we”, “us”, and “our” used in the Policy refer, collectively, to Cutler Sports and its affiliates, subsidiaries, divisions, successors and assigns and their respective employees, mandataries and agents (collectively, “Cutler Sports Affiliates”).
• What information is collected by Cutler Sports?
• How is my personal information used?
• To whom may my personal information be disclosed?
• How do I exercise my choices about receiving promotional communications?
• What is “phishing”?
• How do I exercise my choices about the collection, use and disclosure of my personal information?
• How can I access or change my personal information or make inquiries or complaints in relation to the Policy and Cutler Sports’ privacy practices?
• How long is my personal information retained?
• How secure is my personal information?
• Policy changes
• Privacy rights of California residents
• Other websites
• Social plug-ins
WHAT INFORMATION IS COLLECTED BY CUTLER SPORTS?
Any time you place an order, sign up for our newsletter, submit your contact information and/or resume for employment purposes, enter a contest, complete a ballot, or introduce or post any text, image, video, audio, or any information, content or other materials through the Site or any other Cutler Sports website including any of Cutler Sports social networking websites and web pages such as Facebook, Twitter, Instagram, Linkedin or YouTube, or otherwise provide personal information to Cutler Sports (including via mail or e-mail in regular correspondence), it is collected, used and disclosed by Cutler Sports for various purposes as described herein. Moreover, every time you visit the Site, the following information is automatically obtained and compiled: your internet protocol (IP) address and the domain name registry information associated with that IP address; identification of your internet browser, operating system and hardware platform you are using; the date and time of your visit; the name and address (URL) of the web page you viewed immediately prior to accessing the Site; your entire query (if any) that was entered into a search engine which led you to the Site; and any other “click stream” data. This information is stored in our log files. Occasionally, if your browser is not configured to prevent disclosure of such information, the following information may also be revealed: your name, e-mail address, home and work addresses, telephone and fax numbers and any plain text commentary.
Additionally, the complete record of your actions at the Site, including all pages visited, the time spent on each page, the information sent or received and the names of all files uploaded or downloaded is collected. This tracking information may be compiled by us in the aggregate and made available to third parties primarily to identify demographic data regarding our customers.
As previously stipulated, we will also collect personal information from you when you provide your personal information to us, such as by making an order, signing up for our newsletter, submitting your contact information and/or resume for employment purposes, completing an entry form to participate in a contest, ballot, promotion or survey, by signing up for our newsletter (if any), by communicating with us by telephone, e-mail, in-store or otherwise, by setting up a user account and password, logging in as a registered user of the Site and providing information in your account(s), or by introducing or post any text, image, video, audio, or any information, content or other materials through any of Cutler Sports social networking websites and web pages such as Facebook, Twitter, Instagram, Linkedin or YouTube. As a result of these actions, you might supply us with personal information, such as your name, date of birth, e-mail and postal addresses, telephone number(s), credit card information, product interest information, body measurements and financial information and in certain circumstances, your comments, suggestions, ideas, opinions and individual preferences. We may also maintain a record of your product interests and acquire information about you from other present and future Cutler Sports Affiliates.
In light of the importance of protecting children’s privacy, we do not intend the Site for child audiences, and we do not collect, process or use on the Site any information relating to an individual whom we know to be under 13 years old without the prior, verifiable consent of his or her parent or other legal representative. If a parent or guardian discovers that his or her child has provided us with personally identifiable information, such parent or guardian has the right, upon request, to view the information provided by the child and/or to require that it be deleted from our records. In such a case we ask that the parent or guardian of the child contact us at the contact information provided in the “Contacting Us” section below for such purpose.
HOW IS MY PERSONAL INFORMATION USED?
In order to better serve you, we may combine information you give us online, by telephone or in writing about your product interests. We may also combine these with readily available demographic information in order to enable us to communicate with you, by telephone (including by way of automated dialing answering device) e-mail, mail or otherwise, about our products, services, surveys, promotions, special offers, and contests. We also collect this information in order to:
• Process your order and answer questions about the status of your order;
• Send you products that you have ordered or which have been ordered on your behalf, or send your friends, relatives and/or associates, products that you have ordered on their behalf;
• Maintain contact with you and provide you with ongoing personalized service and help us to better understand and respond to your needs and preferences as well as to develop customer profiles based thereon;
• Communicate directly to you special offers and promotions from Cutler Sports on behalf of itself and/or third parties with whom Cutler Sports has entered into advertising and promotional agreements or other arrangements;
• Enable you to participate in our promotions and contests and those promotions and contests of third parties with whom Cutler Sports has entered into advertising and promotional agreements or other arrangements;
• Develop, improve, market and provide our products and services and manage our business;
• Compile information related to loyalty and earned rewards points programs which we may establish from time to time and to which you may be entitled to in respect of your on-line and in-store product purchases; and
• Help us to meet applicable legal and regulatory requirements
For example, we may use your personal information to complete merchandise purchases and returns. We may also use personal information to contact a purchaser when necessary, such as when a delivery may be delayed or when a product is out of stock. In addition, Cutler Sports uses personal information to notify its consumers about products or services, promotions and special offers in which we believe they may be interested.
We may also request additional information, such as annual income, buying preferences, or age, also known as demographic and profile data, though this information is optional and never required for you to place an order or make a purchase. If you provide the additional information, we may use this data to improve the Site and enhance your shopping experience.
We also use information collected from the Site to measure interest in the various areas of the Site, to ensure that links on the Site facilitate easy navigation and to help make the Site more interesting and informative. Except as described in the Policy, any personal information that we disclose to third parties is done in the aggregate on a non-personally identifiable basis and is used primarily to identify demographic data regarding our customers.
You acknowledge and agree that Cutler Sports shall also have the right to incorporate, use and reproduce any text, image, video, audio, or any information, content or other materials you provide through the Site by e-mail or post through Cutler Sports social networking websites and web pages such as Facebook, Twitter, Instagram, Linkedin or YouTube, in whole or in part, in connection with the marketing and promotion of Cutler Sports business. You always have the right to revoke such consent in the manner described in the section “How do I exercise my choices about the collection, use and disclosure of my personal information?” below.
If you submit your contact information and resume for employment purposes with us, this information will only be used to evaluate your qualifications for the desired position and, if needed, to contact you.
TO WHOM MAY MY PERSONAL INFORMATION BE DISCLOSED?
We will not disclose your personal information to any non-affiliated third party without your prior consent, other than as provided below:
We may disclose your personal information to any Cutler Sports Affiliates, so that it may communicate with you (whether by e-mail, telephone, post or otherwise) and provide you with promotional materials and additional information about its products, services, promotions and special offers that may be of interest to you, or collect and use that information subject to and for other purposes contemplated by the Policy.
In the event of a sale of all or substantially all of our business or another similar transaction (such as a sale of a division or business unit), we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating and/or effecting a proposed transaction or operating and managing the affairs of the acquired business, or for other purposes identified in the Policy.
We may transfer personal information to non-affiliated third parties for processing on our behalf (such as fulfillment services, technical support, delivery services and financial institutions) pursuant to agreements that prohibit the third parties from using or disclosing the personal information other than for the purpose of processing and which impose security safeguards appropriate to the sensitivity of the information. These third parties are only provided with the personal information necessary to perform their specific service. You acknowledge that, in the event that a third party processor is located in the United States, your personal information may be processed and stored in the United States and that United States federal or state governments, courts or law enforcement or regulatory agencies may be able to obtain disclosure of your personal information under the federal or state laws of the United States.
We reserve the right to disclose your personal information as required by law, in response to legal or regulatory process and law enforcement requests by government authorities that have asserted a lawful right to access such information, to our legal counsel, or as necessary to protect the property, interests and rights of Cutler Sports and any Cutler Sports Affiliates.
HOW DO I EXERCISE MY CHOICES ABOUT RECEIVING PROMOTIONAL COMMUNICATIONS?
You always have the right to direct us not to share your information with third parties (see “How do I exercise my choices about the collection, use and disclosure of my personal information?” below). With regard to the collection and disclosure of aggregate information however, please note that you will not be able to “opt-out” as this information simply reflects statistical analysis of various aspects of the Site usage and does not include personally identifiable information.
Cookies are small data files that a website stores on your computer’s hard drive or in random access memory when you are viewing the Site. They keep a record of your preferences making your subsequent visits to the website more efficient. In certain cases, this information is only kept during the session and is deleted when you close your browser. In other cases, the information is stored on your hard drive and, upon your next visit to the Site, the cookies are used to recall such information. Cookies may store a variety of information, including, a unique user ID that can be used to track the pages of the Site you have visited and the number of times that you view a particular page or other item on the Site, login or registration information, your preferences and your purchase history, where available.
No personal information is transmitted via cookies. Cookies, by themselves, cannot be used to reveal or discover the identity of the individual user; your acceptance of our cookies will not compromise your anonymity while using the Site.
Composite tracking information generated by cookies may be shared with third parties for the purpose of documenting Site activity, traffic accounting, content analysis and other trends. Statistical information is not linked to any personal information and cannot identify any individual user of the Site.
“Web beacons”, also sometimes called “pixel tags”, are small strings of code placed on a Web page or in an e-mail message for the purpose of transferring data.
We and the online marketing company or companies that we use to help manage our Internet business and communications employ cookies and Web beacons placed on the Site’s pages to deliver our ads, to measure the effectiveness of our advertising, including our e-mail promotions, and to learn how visitors use the Site. The ad-serving technology uses non-personal information about your visits to the Site and the sites upon which we advertise to serve our ads to you. In the course of delivering our advertisements, a unique third-party cookie may be placed on or recognized by your browser. The Web beacons used in conjunction with this third-party ad cookie enable our ad server to recognize a browser’s cookie when a browser visits the Site and to learn which banner ads bring visitors to the Site. As previously mentioned, your internet browser can, through the settings, be set up to warn you each time a cookie is being sent, to block all cookies or to disable cookies completely.
WHAT IS “PHISHING”?
“Phishing” is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from us asking you for your personal information, do not respond. We will never request your personal information through e-mail.
HOW DO I EXERCISE MY CHOICES ABOUT THE COLLECTION, USE AND DISCLOSURE OF MY PERSONAL INFORMATION?
We would like your consent to collect, use and share your personal information for the purposes and in the manner described herein, including in order to contact you and provide you with promotional communications. Nonetheless, we want you to know that you have choices and can refuse or withdraw your consent as follows.
You have the choice simply not to submit any personal information to us, however this may limit our ability to serve you as it may, for example, prevent you from purchasing items from the Site or participating in our contests. You may also choose only to submit information constituting required fields when making purchases or completing contest entries. In addition, you may choose to limit how we use your personal information by not allowing us to share such information with third parties by e-mailing us.
In the event that you have already consented to the collection, use and/or disclosure of your personal information, you may subsequently “opt-out” at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our office as described in the section entitled “Contacting us” below, or by following the “opt-out” instructions provided in the promotional materials sent to you. Our privacy officer will also be able to provide you with more information regarding the implications of withdrawing consent.
In respect of requests not to receive promotional communications from us and/or Cutler Sports Affiliates, please be sure to include your full name, address, telephone number and any e-mail address you used when you signed up or entered a contest on the Site, registered with or made a purchase from us. It may take up to two (2) weeks to process your request, during which period you may continue to receive communications from Cutler Sports or Cutler Sports Affiliates. If you prefer not to receive promotional information from Cutler Sports, please follow the unsubscribe instructions set out in the Policy or in the respective privacy policies and/or communications of the Cutler Sports Affiliate.
HOW CAN I ACCESS OR CHANGE MY PERSONAL INFORMATION OR MAKE INQUIRIES OR COMPLAINTS IN RELATION TO THE POLICY AND CUTLER SPORTS’ PRIVACY PRACTICES?
You are entitled to request access to, and, if necessary, correct your personal information collected by us. In order to make such a request, please contact our Office in writing (see “Contacting us” below).
CUTLER SPORTS WILL REMOVE ANY OF YOUR PERSONAL INFORMATION FROM OUR DATABASE WITHIN A REASONABLE PERIOD OF TIME PURSUANT TO A WRITTEN REQUEST FROM YOU. IN THE EVENT SUCH REQUEST IS SENT BY E-MAIL, PLEASE IDENTIFY YOUR FULL NAME AND PLEASE TYPE “REMOVE REGISTRANT” IN THE SUBJECT LINE OF YOUR E-MAIL.
You can also contact our Office for any questions about or to make any complaint in relation to the Policy, as well as to Cutler Sports’ privacy practices in general (see the “Contacting us” section below).
HOW LONG IS MY PERSONAL INFORMATION RETAINED?
We will keep your personal information only as long as is reasonably necessary for the purposes described in the Policy or such longer period as may be required by applicable law.
HOW SECURE IS MY PERSONAL INFORMATION?
We take great care in trying to maintain the security of personal information we have collected. We have adopted physical and technological processes and procedures to protect the confidentiality of personal information and to safeguard personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, in light of, among other things, the sensitivity of the information and the purposes for which it is to be used. Furthermore, each and every Cutler Sports employee, mandatary or agent must abide by the Policy. Although we do not take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data, we take reasonable precautions to prevent such occurrences.
Cutler Sports also strives to offer its customers a secure shopping environment. Cutler Sports is a “BigCommerce”, “Paypal” secured site, meaning that all credit card information and other confidential information provided by the customer is encrypted using SSL technology. Cutler Sports is also a Norton Antivirus™ certified site to help protect our customers’ personal information against identity theft, viruses, spyware and other online threats.
WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK.
If we decide to change the Policy, we will post these changes on the Site so that you can be updated as to what information we gather, how that information may be used and whether (and how) it may be disclosed to any third parties. Following the posting of such changes, you will be bound by such changes unless you advise us in writing, by phone or by e-mail that you wish to withdraw your consent (as per the procedure outlined above). You are responsible for regularly reviewing the Policy and any changes thereto.
PRIVACY RIGHTS OF CALIFORNIA RESIDENTS
California Civil Code Section 1798.83 permits California customers to ask us for certain information regarding Cutler Sports’ disclosures in the prior calendar year, if any, of personally identifiable information to third parties or our affiliates for their own direct marketing purposes. If you are a California resident and would like to make such a request, please contact our Office in writing (see “Contacting us” section below).
Please include your name and the address to which you would like us to respond, and allow us 30 days to respond to your request.
THE SITE MAY CONTAIN LINKS TO OTHER WEBSITES THAT ARE NOT OPERATED BY CUTLER SPORTS. THE POLICY DOES NOT APPLY TO THE PRACTICES OF THIRD PARTIES AND CUTLER SPORTS DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD PARTY PRACTICES OR FOR THE PRIVACY PRACTICES OF THE WEBSITES THAT IT DOES NOT OPERATE. BY USING THE SITE AND/OR ACCESSING A THIRD PARTY’S WEBSITE FROM THE SITE, YOU RELEASE CUTLER SPORTS OF ANY RESPONSIBILITY FOR THE ACTIONS, PRACTICES AND OMISSIONS OF THIRD PARTIES. BY CLICKING ON ANY HYPERLINKS TO OTHER WEBSITES FROM THE SITE, YOU MAY AUTOMATICALLY SUBMIT TO THE PRIVACY PRACTICES OF THOSE WEBSITES. PLEASE CHECK THE PRIVACY POLICIES OF THESE THIRD PARTY WEBSITES. IN NO EVENT SHALL CUTLER SPORTS OR ANY CUTLER SPORTS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY WHATSOEVER (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE MISUSE OF PERSONAL INFORMATION BY THOSE WEBSITES.
Cutler Sports has installed on the Site various social media plug-in protocols, such as Facebook’s “Like” button, which allow you to share your likes and interests in Cutler Sports products, services, and promotions with your friends and contacts. When you click on a social media plug-in protocol link, such as the Like button, a link to the Site may appear in the “Likes and Interests” section of your Facebook or other social media website profile. Your friends and contacts will be able to see the link and be led back to the Site if they share your likes and interests or if they are interested in learning more about our products, services, and promotions. We may also contact you, and those of your friends and contacts who chose to become members of Cutler Sports social media website webpages, with news about Cutler Sports’ so you and your friends and contacts can learn about Cutler Sports’ products, services and promotions. By using a social media plug-in protocol link, you consent to receiving communications from us for all of these purposes and agree to allow us to use information on your likes and interests in connection with the marketing and promotion of our business. You understand that information about your likes and interests may be shared with your friends and contacts and the broader social-media website community. For more information about social media plug-in protocols, such as Facebook’s “Like” button, and its impact on your privacy rights, please visit the appropriate social media website’s help center (such as the Facebook Help Center) to find out more.
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