CCPA Notice
Last Updated: June 24, 2021
This California Notice at Collection and Privacy Notice (“Notice”) should be read in conjunction with the Kent Water Sports Privacy Policy.
This Notice applies to information that Kent Water Sports, LLC and its subsidiaries and affiliates, Absolute Outdoor of America, LLC, HO Sports Company, LLC, Motion Sports of America, LLC, Connelly Skis, LLC, and Barefoot International, LLC and their brands (each a “Company” and collectively, the “Companies,” “we”, “our” or “us”) collect and otherwise process about you when you interact with one of the Companies’ products or services that we offer on our own behalf through our brands, including all websites, product and service offerings, and services that post or link to this Notice (“Services”). We have adopted this Notice pursuant to the California Consumer Privacy Act (“CCPA”) which applies only to residents of the State of California (“you”).
1. Scope
Some personal information we collect from you may not be covered by this Notice because certain personal information collection and processing activities are exempt from the CCPA. Therefore, this Notice and the California privacy rights set out below may not apply to you or to all of your personal information.
2. Notice at Collection
Depending on the Company with which you interact, we may collect the following categories of personal information about you:
Identifiers, such as name, email address, phone numbers, address, zip code, account username and password, online identifiers, or IP address.
California Customer Records, such as name, phone numbers, credit/debit card information or other payment information.
Commercial Information, such as products purchased, whether you used a particular coupon code or promotion, information about the third-party dealer from whom you purchased one of our products, or other purchasing or consuming tendencies.
Internet or Other Electronic Network Activity, such as browsing history, search history, or website or mobile application interaction.
Geolocation Data, such as IP address or physical location.
Audio, Video and Other Electronic Data, such as audio recordings.
Inferences drawn from online activities and the other data listed in this section, such as a profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.
We may use your personal information for the following purposes:
To provide, maintain and improve the features and functionality of the Services.
To perform our contractual obligations and enforce our rights.
To communicate with you and send you important information regarding the Services.
To fulfill or meet the reason the information was provided.
For our internal business purposes.
To respond to your comments, questions and requests and provide customer service.
To administer promotional activities, such as contests or surveys.
To inform you of products, programs and services that we believe may be of interest to you.
To personalize your experience and customize content on the Services relevant to your interests.
To monitor and analyze trends, usage and activities.
To help maintain the safety, security, and integrity of the Services, technology assets, and business.
To respond to law enforcement requests and as otherwise permitted or required by applicable law.
To carry out our obligations and enforce our rights.
For purposes disclosed at the time you provide your personal information or as otherwise set forth in the Companies’ Privacy Policy.
3. Collection, Use, and Disclosure of Personal Information
The table below sets out the categories of personal information that we have collected from you, the sources from which we have obtained it, the purpose for which we collect it and the categories of third parties and other entities with whom we have shared it. It sets out our relevant practices over the last 12 months. Our collection, use and disclosure of personal information depends on your relationship with us and your interaction with the Services, and the specific Company with which you interact.
|
Category of Personal Information
|
Categories of Sources
|
Business or Commercial Purpose
|
Categories of Third Parties and Other Entities With Whom We May Share
|
|
Identifiers, such as name, email address, phone numbers, address, zip code, account username and password, online identifiers, or IP address.
California Customer Records, such as name, phone numbers, credit/debit card information or other payment information. |
|
|
|
|
Commercial Information, such as products purchased, whether you used a particular coupon code or promotion, information about the third-party dealer from whom you purchased one of our products, or other purchasing or consuming tendencies.
|
|
|
|
|
Internet or Other Electronic Network Activity, such as browsing history, search history, or website or mobile application interaction.
|
|
|
|
|
Geolocation Data, such as IP address or physical location.
|
|
|
|
|
Audio, Video and Other Electronic Data, such as audio recordings.
|
|
|
|
|
Inferences drawn from online activities and the other data listed in this section, such as a profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.
|
|
|
|
How We Share Personal Information
In the last twelve months, we have disclosed each of the categories of personal information listed above for business purposes, as set out above.
Sales of Personal Information
We do not “sell” personal information to third parties as most people would typically understand that term. As is common practice among companies that operate online, we permit third parties to collect certain personal information directly from you when you visit or interact with the Services in a way that may be considered a “sale” for purposes of the CCPA. As detailed in the Cookies and Online Advertising section of the Companies’ Privacy Policy https://www.obrien.com//privacy-policy, personal information may include Identifiers, Internet or Other Electronic Network Activity, Geolocation Data, or Inferences drawn from other personal information we collect.
4. California Privacy Rights
As a California resident, to the extent provided for by law and subject to applicable exemptions, you have the following rights in relation to the personal information about you that we have collected:
Right to Know: You have the right to request the following information relating to our collection and use of your personal information over the past 12 months:
Categories of personal information we have collected about you;
Categories of sources of the personal information we collected about you;
Business and/or commercial purposes for collecting or, if applicable, selling that personal information;
Categories of third parties to whom we have disclosed or sold that personal information for a business purpose;
Specific pieces of personal information we have collected about you;
Categories of personal information that we have disclosed or sold with a third party for a business purpose; and
Categories of third parties to whom the residents’ personal information was sold.
Right to Delete: You have the right to request that we delete your personal information. Subject to certain exceptions, we will endeavor to delete your personal information and direct any service provider to delete your personal information.
Right to Opt-Out: You have the right to direct us not to sell your personal information to third parties. If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales.
Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising any of the rights described above.
5. How to Exercise Your California Privacy Rights
To Exercise Your Right to Know or Right to Deletion
Right to Know and Right to Deletion: California residents may make up to two requests to know within a 12-month period. If you would like to exercise your right to know or right to deletion, please contact the specific Company to whom you would like to submit a request at the contact information set out below. California residents may make up to two requests to know within a 12-month period. To submit a request, please email us at privacy@kentwatersports.com or call us at 425-831-1035.
Verification: We must verify your identify before processing your request. To do so, we will generally either require you to login to your account or we must be able to match certain information you provide us to the information we maintain about you (for example, your email address or shipping information). Certain requests may require us to obtain additional personal information from you. In certain circumstances, we may decline a request to exercise the right to know and/or right to deletion, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.
To Exercise Your Right to Opt Out of Personal Information Sales
As noted above, we do not sell your personal information as most people think of that term. Please visit the Cookies and Similar Technologies section of the Companies’ Privacy Policy [https://www.obrien.com/privacy-policy] for more information about how we use cookies and related technologies to collect information automatically on the Services, and the choices you may have in relation to those practices.
Minors Under Age 16
We do not “sell” the personal information of consumers we know to be under 16 years of age.
Requests Submitted by Authorized Agents
In certain circumstances, you are permitted to use an authorized agent, as that term is defined by the CCPA (“Authorized Agent”) to submit a request to know or request to delete. An Authorized Agent can make a request on your behalf by providing proof that you gave the Authorized Agent signed permission to submit the request. In addition, we may also require you to (1) verify your own identity directly with us, or (2) directly confirm with us that you have provided the Authorized Agent permission to submit the request.
California “Shine the Light”
In addition to the rights described above, California’s “Shine the Light” law permits California residents to request certain information regarding our disclosure, if any, of certain categories of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. We do not share your personal information with any direct parties for their direct marketing purposes. To make such a request, please send an email to privacy@kentwatersports.com. This request may be made no more than once per calendar year.
6. Financial Incentives
From time to time, certain Companies may run offers and promotions (collectively, “Programs”) that may be deemed “financial incentives” in relation to our collection of personal information under the CCPA. Please refer to the terms and conditions of each Program for additional information about the Program, including how eligible consumers can opt-in or opt-out of the Program at any time. In order to enter a Program, you may be required to provide us or a service provider acting on our behalf with certain personal information, such as identifiers like your email address and telephone number (“Rewards Data”). If you submit your entry in accordance with the applicable Program’s rules, you may be entered into the Program and will get a chance to receive a gift, coupon or receive another benefit from us. The value of Rewards Data is related to the value of your information and the costs associated with offering the Program.
7. Updates to this Notice
We will update this Notice from time to time. When we make changes to this Notice, we will change the "Last Updated" date at the beginning of this Notice. If we make material changes to this Notice, we will either notify you by prominent posting on the Services, through other appropriate communication channels or as required by applicable law. All changes shall be effective from the date of publication unless otherwise provided in the notification.
8. Contact Us
If you have any questions or requests in connection with this Notice or other privacy-related matters, please send an email to privacy@kentwatersports.com.