STEEP & CHEAP PRIVACY POLICY

Last Updated: May 16, 2023

This Privacy Policy explains how information about you is collected, used and disclosed by Backcountry.com, LLC and its subsidiaries (Backcountry or we). This Privacy Policy applies to information we collect across our Brands when you use our websites, mobile apps, retail stores, and other online products and services (collectively, the Services), including the Services we provide for Backcountry, and our other Brands (like Steep & Cheap, Competitive Cyclist, and MotoSport), and when you otherwise interact with us. This policy does not apply to products or services with separate privacy policies that do not incorporate this Privacy Policy.



We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Policy regularly to stay informed about our information practices and the choices available to you.

For information about the choices we offer in connection with our information practices, please see Your Privacy Choices below.

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information when you create an account, update your profile, post a review, click on products on our websites, add a product to your cart or wish list, participate in any interactive features of the Services, fill out a form or survey, join and participate in a loyalty program, join a text message marketing program, participate in a contest or promotion, make a purchase, communicate with us via third party social media sites, request customer support, or otherwise communicate with us. When you contact our customer support team, we collect audio, electronic, and visual information (“Customer Records Information”) so we can manage and address your requests.

Under some circumstances, you may choose to provide sensitive personal information to Backcountry. For example, some consumers may choose to provide health information to our customer service agents relevant to their product choices or recreational endeavors. The types of information we may collect about you include your name, password, email address, social media user names and handles, postal address, phone number, day and month of your birth, gender, interests, preferences, photos, videos, product reviews, fit information (including height, weight, and clothing size), health information,
payment information, text messaging, chat communications, call transcripts, and email history as well as any information included in those messages, and any other information you choose to provide.

Certain information that you elect to provide to us, like product reviews and associated fit information, will be publicly displayed on our websites.

• Transaction Information: We collect information in connection with each transaction you engage in or consider via the Services, including product details, purchase price and other transaction details.
• User Activity Information: User Activity Information: We collect log information in connection with your use of the Services, including the type of browser you use, access times, pages viewed, product interactions, keyword searches, your IP address and the page you visited before navigating to our Services. We collect information about the mobile device you use to access our mobile apps, including the hardware model, operating system and version, unique device identifiers and mobile network information. Collectively, we refer to this type of information as “User Activity Information.” While User Activity Information does not generally identify or relate to you as an individual, we may associate this type of information with other information to identify you individually.
• Location Information: We may collect precise location of your mobile device via our mobile apps in accordance with the permission process established by your mobile device operating system. We may also collect the approximate location of your device based the devices IP address.
• Stored Information: We may access information you have stored on your mobile device via our mobile apps in accordance with the permission process established by your mobile device operating system. For example, with your permission, we may access photos or videos from your mobile device photo gallery.
• Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information from the computer or device you use to access our Services, including pixels, cookies, and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us see which areas and features of our Services are popular and count visits. Cookies enable personalization of your experience when you browse our site or receive marketing emails or texts from us (i.e., shopping cart reminders). Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness. One of the technologies we use in our Services is Google Analytics. For more information about how Google processes information in connection with Google Analytics, please see https://policies.google.com/privacy.

Information We Collect From Other Sources

We may also obtain information from other sources. For example, we may collect information about you from other sites that sell our products, from other users, such as individuals who send you a gift or discount code through our Services, from social networks in accordance with their authorization procedures, or from third party providers that tie together multiple data points to gain additional information to create a unified customer view. Through third-party providers, we may also collect your email address via cookies and pixels on our websites and combine your email address with other information those third-party providers have access to (such as mailing address) so that we may serve relevant marketing offers to you via email or direct mail. We may collect product reviews you posted on third-party websites and redisplay those reviews on our websites. We do not have control over these third-party websites, and you should review the privacy practices of third parties where you choose to submit a review.

Information We Infer

We may derive information or draw inferences about you based on information we collect about you. For example, based on your browsing or purchases, we may infer your gender, your interest in certain activities, brands, or products, or information about your purchasing activities over time.

Information Collected in Our Retail Stores

Our retail locations may offer free Wi-Fi services to you. Our Wi-Fi network may capture certain data from devices you connect to it. We use cameras in our stores for security purposes. These cameras may capture demographic and personal information about you. Finally, if you rent or service equipment at one of our retail stores, we may request your weight, height, age, and ability level in order to provide you with appropriate maintenance or rental equipment.

USE OF INFORMATION

We use information about you as follows:

• Provide, maintain and improve our Services;
• Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices;
• Send you technical notices, updates, security alerts and support and administrative messages;
• Respond to your comments, questions and requests and provide customer service;
• Communicate with you about products, services, offers, promotions, rewards, and events and other news and information we think will be of interest to you;
• Monitor and analyze trends, usage and activities in connection with our Services;
• Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Backcountry and others;
• Personalize and improve your experience on our Services;
• Personalize the advertisements you see on third-party platforms and websites (for more information, see Advertising and Analytics Services Provided by Others below);
• Facilitate contests, sweepstakes and promotions and process and deliver entries and rewards;
• Link or combine with other information we collect about you; and.
• Carry out any other purpose described to you at the time the information is collected.

DISCLOSURE OF INFORMATION

We may disclose information about you as follows or as otherwise described in this Privacy Policy:

• With third parties with whom we sponsor events or contests if you consent to such disclosure;
• When you participate in interactive features on our Services, information about you may be displayed publicly on our Services and on other sites or online services, including your photos, videos, posts, product feedback and other information you choose to provide;
• With vendors, consultants, marketing partners, direct marketing partners, and other third party providers who need access to such information in connection with services they perform for us and who are subject to contractual obligations regarding their use of the information;
• In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process
• In response to requests from public and governmental authorities, including public and governmental authorities outside of your country of residence;
• To enforce a contract with us or allow us to pursue available remedies or limit the damages we may sustain;
• If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Backcountry or others;
• In connection with, or during negotiations of, any merger, sale of Backcountry assets, financing or acquisition of all or a portion of our business by another company; and
• With your consent or at your direction.

We may also disclose aggregated or de-identified information that cannot reasonably be used to identify you.

THIRD-PARTY FEATURES

The Services may offer third-party social sharing features and other integrated tools, which let you share actions you take on our Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

For orders placed on some of our Services, we may offer third-party payment and financing options. For example, if you select Klarna as your payment method, you will provide information directly to Klarna and you also direct Backcountry to share certain contact and order information with Klarna to enable your use of their service to pay for your order. The information Klarna receives is subject to their Privacy Policy.

The Services may offer other integrated tools, which let you interact with third parties to track your orders, enter social media contests, or consider and accept offers from other companies. When you interact with an integrated tool, you will see the third party’s name, terms, and privacy policy in the integrated landing page or module. For more information about the purpose and scope of data collection and processing in connection with these other features, please visit the privacy policies of the third parties providing the features.

SECURITY

We use reasonable security measures designed to protect information about you from loss, misuse and unauthorized access, disclosure, alteration and destruction. Unfortunately, no online activity can be guaranteed as 100% secure. While we strive to protect your information against unauthorized use or disclosure, we cannot ensure or warrant the security of any information you provide. We do not accept liability for unintentional disclosure.

ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

We allow others to provide analytics services and serve you advertisements on our behalf. These entities may use cookies, web beacons, pixels, device identifiers and other technologies to collect information about your use of the Services and other websites and apps. The information collected includes your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked, order identification, and conversion information. This information may be used by Backcountry and third parties to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and apps, send abandoned shopping cart reminders, and better understand your online activity. User Activity Information collected on our sites may be combined with information collected independently of us by internet marketing partners. You may opt out of cookie-based data sharing with ad targeting providers by following the instructions via this link: "Your Privacy Choices". You can also learn more about interest-based ads and opt out of having your web browsing information used for behavioral advertising purposes at www.aboutads.info/choices. In addition, your device may include a feature that allows you to opt out of having certain information collected through mobile apps used for behavioral advertising purposes.

We may also work with other websites or platforms to serve ads to you as part of a customized campaign. Please refer to the settings of those other websites or platforms for information about any choices they offer in connection with the delivery of interest-based ads.

TRANSFER OF INFORMATION TO THE U.S. AND OTHER COUNTRIES

Backcountry is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the U.S. and other countries, where you may not have the same rights and protections as you do under local law.

YOUR CHOICES

Account Information

You may update the online account information you provide to us by logging into your online account. You will need to change any account information you provide, including communication preferences, for each brand.

Location Information

We do not collect precise location information even if the permission process established by your mobile device operating system may allow such collection. If you initially consent to our collection of location information via any of our mobile apps, you should be able to modify this choice by changing the preferences for those apps on your mobile device. You may also stop our information sharing via our mobile apps by following the standard uninstall process to remove all of our mobile apps from your device.

Revoking Other Mobile App Permissions
Your mobile device operating system may provide you with the ability to discontinue our access to the information described in the Stored Information section of this policy via our mobile apps. You may also stop our collection of this information by following the standard uninstall process to remove all of our mobile apps from your mobile device.

Cookies
Your mobile device operating system may provide you with the ability to discontinue our access to the information described in the Stored Information section of this policy via our mobile apps. You may also stop our collection of this information by following the standard uninstall process to remove all of our mobile apps from your mobile device.

Promotional Emails
You may opt out of receiving promotional emails from each of our Brands (like Backcountry, Motosport, Competitive Cyclist, and Steep & Cheap) by following the instructions in emails from each brand or by changing the preferences through your online account with each brand. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Promotional Calls
With your consent, you may receive promotional calls from us. You may opt out of receiving these communications by letting us know during one of those calls.

Promotional Texts

With your consent, you may receive recurring automated marketing text messages from Backcountry, Steep & Cheap, MotoSport or Competitive Cyclist, including text messages that may be sent using an automatic telephone dialing system. Consent to receive automated marketing text messages is not a condition of any purchase. You can opt out of receiving further marketing text messages by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. Our text messaging platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE, OR QUIT commands. If you unsubscribe from one of our Brand’s marketing text messaging programs (e.g., Backcountry), you may continue to receive marketing text messages through any other brand program (e.g., Competitive Cyclist) you have joined until you separately unsubscribe from those programs. For more information, please refer to the Backcountry Messaging Terms & Conditions.

Direct Mail
You may receive catalogs and other print mail pieces from our Brands. You may opt out of receiving direct mail marketing by adjusting your communication preferences with the Brand that sent the direct mail communication or by emailing us at legal@backcountry.com.

Mobile Push Notifications
With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these notifications at any time by changing the notification settings on your mobile device.

Sales or Sharing of Personal Information

State law requires that we provide transparency about scenarios in which Backcountry sells or shares personal information with third parties in exchange for valuable consideration or for certain marketing purposes. We do not sell your personal information for money. Instead, like many retailers, we sell and share personal information to certain third parties to market and advertise our products to you.

In the preceding 12 months, we have sold/shared identifiers (such as your email address, postal address and other online identifiers) with advertising networks and print catalog marketing partners, and electronic network activity information (such as browsing behavior) to advertising networks. If you are a California resident, you have the right to opt out of these sales at our Your Privacy Choices webpage. You may opt out of the collection of cookie-based data by third parties for use in targeted advertising by following the instructions via the Your Privacy Choices link on the footer of our websites.

Our Commitment to Protecting Information Belonging to Children

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.

Exercising Your Rights

Under various state and national privacy laws, you may have the right to request (1) confirmation about whether or not we are processing your personal information and access a copy of your personal information; (2) deletion of your personal information; (3) to opt out of the processing of personal information for targeted advertising, profiling, and the sale/share of personal data; (4) correction of inaccurate personal information; (5) to not be discriminated against for exercising these rights. You may make a rights request by visiting this portal, by contacting us at legal@backcountry.com, or by calling us at 1-833-923-3717. Prior to processing certain requests, we will verify your request by asking you to provide information related to your recent interactions with us, such as information about a recent purchase.

You may be able to designate an authorized agent to submit a privacy request on your behalf. We may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please email us at legal@backcountry.com.

If we decline to take action in response to your exercise of a privacy right, we will inform you of the reason for the denial. Where provided by statute, you may have the right to appeal our decision. We will provide you with instructions on how to appeal the decision in response to your privacy request. If you are unsatisfied with our response to your appeal, you may contact your state Attorney General’s office.

Financial Incentives

We offer various financial incentives. For example, we provide discounts and other benefits to members of our loyalty programs and we may offer you a discount if you sign up for our email newsletters or participate in some surveys we offer. When you participate in a financial incentive, we collect personal information from you, such as identifiers like your name and email address and commercial information like your purchasing habits. You may opt into a financial incentive by following the instructions provided at sign-up, and you may withdraw from the incentive at any time by emailing legal@backcountry.com. If you withdraw from our loyalty program, Expedition Perks, you permanently forfeit any points or rewards you have accrued. Because your enrollment in Expedition Perks is tied to your accounts with Backcountry and Competitive Cyclist, your withdrawal from the Expedition Perks program will result in the termination of those accounts. In some cases, additional terms and conditions may govern a financial incentive program, which we will provide to you when you sign up. The value of your personal information is reasonably related to the value of the discount or benefit presented to you.

Shine the Light

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. Under the law, a business must either provide this information or permit California residents to opt in to, or opt out of, this type of sharing. Backcountry qualifies for this alternative option. If you would like to opt out of such sharing, please complete the form available here (select Do Not Sell My Information as the right you would like to exercise).

Universal Opt-Out Preference Signals

You may use an Opt-Out Preference Signal, such as the Global Privacy Control (GPC), to opt-out of the sale/share of your personal information. If we detect and recognize such a signal from your browser, we will honor it. Your request to opt-out of sale/sharing will be linked to your browser identifier only.

DATA RETENTION

Except as otherwise permitted or required by law, we will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, as required to satisfy any legal, accounting, or reporting obligations, or as necessary to resolve disputes. To determine the appropriate retention period for personal information, we consider our statutory obligations, the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, and whether we can achieve those purposes through other means.

Under some circumstances we may anonymize or de-identify your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified information for any business purpose without further notice to you or your consent.

Contact Us

If you have any questions about this Privacy Policy, please contact us at: 1678 Redstone Center Dr., Park City, UT 84098, legal@backcountry.com, or 1-833-923-3717. For general customer support, call 1-800-409-4502.

RELATIONSHIP SPECIFIC DETAILS

Description

Visitors to our websites or application who browse, add products to a cart or wish list.

Categories of Information

Identifiers
Internet or other electronic network activity information
Inferences
Geolocation (not precise)

Category of Data Subjects

Web users who visit our websites.

The Source from which this Information was Collected

This information is gathered directly from web users.

Purpose of Processing

• Performing Services, including maintaining or servicing accounts, providing customer service, or providing similar services;
• Monitoring and analyzing trends, usage, and activities in connection with our Services;
• Monitor and analyze trends, usage and activities in connection with our Services;
• Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Backcountry and others;
• Personalize and improve your experience on our Services; and
• Personalize the advertisements you see on third-party platforms and websites (for more information, see Advertising and Analytics Services Provided by Others below).

Legal Basis for Processing

This information is processed pursuant to our legitimate business interests or to enter into contractual relationships.

Automated Processing or Profiling

Does this product/service/process use automated processing: No

Does the automated processing affect the rights of data subjects: No.

Information Sharing

Service providers with whom information may have been shared:

• Customer support
• Events
• Customer feedback
• Data analytics
• Cloud storage
• Software development
• Fraud prevention
• Identity verification
• Marketing
• Personalization and user experience partners
• Advertising partners
• Developers of mobile apps you use

Additionally,

• Third parties when compelled by law, such as to law enforcement or other governmental authorities

To implement, manage, and maintain our websites.

Shared. We share this information with service providers for a business purpose.

Category of Sensitive Personal Information Collected

Sensitive Personal Information: N/A Retention Period: N/A

Whether Personal Information is Transferred Internationally

Information is transferred to the USA primarily; however, there are instances where information is transferred to the European Union. Backcountry uses a global platform for customer services. Backend engineering services may utilize international contractors.

Retention Period

Except as otherwise permitted or required by law, we will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, as required to satisfy any legal, accounting, or reporting obligations, or as necessary to resolve disputes.

Description

Customers who purchase our products or sign up for an account.

Categories of Information

Identifiers

Customer Records Information

Characteristics of protected classifications

Commercial Information

Internet or other electronic network activity information

Geolocation (not precise)

Inferences

Category of Data Subjects

Customers who purchase our products or sign up for an account.

The Source from which this Information was Collected

This information is gathered directly from our customers and account holders.

Purpose of Processing

Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, or providing similar services.

Legal Basis for Processing

This information is processed pursuant to our legitimate business interests or to enter contractual relationships.

Automated Processing or Profiling

Does this product/service/process use automated processing: No.
Does the automated processing affect the rights of data subjects? No.

Information Sharing

Service providers with whom information may have been shared:

• Financing and payment processors
• Order and fulfillment
• Customer support
• Events
• Customer feedback
• Data analytics
• Cloud storage
• Software development
• Fraud prevention
• Identity verification
• Marketing
• Personalization and user experience partners
• Advertising partners
• Developers of mobile apps you use

Additionally,

• Third parties when compelled by law, such as to law enforcement or other governmental authorities

We share this information with service providers for a business purpose.

Is this Information Sold or Shared: Shared.

Sensitive Personal Information

Social security, driver’s license, state identification card, or passport number: No.
Account log-in. This information is gathered via Backcountry’s website: Yes. Financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account. This information is only gathered when you provide it to Backcountry via phone, chat, or email. When you provide this information to our website, our payment processor manages that information: Yes.
Precise geolocation: No.
Racial or ethnic origin, religious or philosophical beliefs, or union membership: No.
The contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication: No.
Genetic data: No.
The processing of biometric information for the purpose of uniquely identifying a consumer: No.
Personal information collected and analyzed concerning a consumer’s health: No.
Personal information collected and analyzed concerning a consumer’s sex life or sexual orientation: No.

Except as otherwise permitted or required by law, we will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, as required to satisfy any legal, accounting, or reporting obligations, or as necessary to resolve disputes.

Whether Personal Information is Transferred Internationally

Information is transferred to the USA primarily; however, there are instances where information is transferred to the European Union. Backcountry uses a global platform for customer services. Backend engineering services may utilize international contractors.

Retention Period

Except as otherwise permitted or required by law, we will only retain your personal information for as long as necessary to fulfill the purposes for which we collected it, as required to satisfy any legal, accounting, or reporting obligations, or as necessary to resolve disputes.