WHAT INFORMATION DO WE COLLECT ABOUT YOU?
You can use www.dakine.com or any of our other brands or our affiliates’ websites (collectively, the “Website”) without having an account. You can visit the Website, read articles and other materials, browse merchandise, and check on offerings without giving us any personally identifiable information. You can also contact us about a particular video, picture, audio file or other postings without having an account. Certain other activities on the Website, such as posting comments or product reviews and signing up to receive e-mail updates from Dakine and our affiliates and partners, do not require you to register for an account but may require that you provide certain personal information such as your name and/or e-mail address. Still, other activities, including purchasing products through the Website, require you to register for a user account. To register, you must create a user account, which requires you to provide your e-mail address and select a password. The password you select is used to protect your account from unauthorized access.
INFORMATION YOU VOLUNTEER
We collect personally identifiable information that you volunteer to us (such as your name, mailing address, e-mail address, phone number, age, gender, hobbies, family information and/or similar demographic information), when you subscribe to, or create an account with, the Website, place an order through the Website (see the section below for more information on subscriptions, account management and orders), enter a contest or sweepstakes through the Website, request a catalog or voluntarily register on the Website. Often this additional information is optional or requested anonymously in connection with a survey. Website visitors may register to receive our e-mail updates, participate in surveys, or enter online contests and sweepstakes. Registration may also be required to purchase products through the Website and participate in certain other features made available on our Website. Sometimes registration can be accomplished by submitting only an e-mail address and password. Other offerings may require the submission of additional information. For example, our Website may ask which disciplines you enjoy most, surfing, skating or snowboarding. Registration forms will indicate what information is required and what information (if any) is optional.
INFORMATION COLLECTED AUTOMATICALLY
We conduct market research so that we can continually improve our brands and our Website and may purchase or rent lists of potential subscribers or customers from third-parties. Those lists may include information on current subscribers or customers. This information may be included in our database in order to help us serve you better by, for example, minimizing multiple mailings and e-mailings and providing information tailored to your interests.
PUBLICLY AVAILABLE INFORMATION
The name you provide (not your e-mail address) is displayed to other users when you post a comment or product review via our Website. Remember that any comments, product reviews or other information you post are publicly available. Any comments, product reviews or other information that you post or submit to the Website may be redistributed through the Internet and other media channels and may be viewed by the general public.
WHAT DO WE DO WITH COLLECTED INFORMATION?
We use the information you provide to fulfill your requests and improve our Website, products, and services. We may, from time to time, produce reports for advertisers, sponsors and vendors containing anonymous, aggregate information about our users and subscribers, such as demographic, age and online usage information. This information allows us to provide content and offers that are most relevant to our users and subscribers and to work more closely with advertisers. We do not include any personally identifiable information of our users in these reports.
To serve you better, we may also combine information you give us online, in our stores or through our catalogs. We may also combine that information with publicly available information and information which we receive from our Choice Partners or other third-parties. We use the total mix of information to enhance and personalize your shopping experience with us, communicate with you about our products and events that may be of interest to you, and for other promotional purposes as we determine from time to time.
A user may, at any time, opt out of receiving such information by going to the unsubscribe page and following the instructions on those pages. We also use collected information to evaluate and administer our products and services, fulfill customer requests, announce sweepstakes/contest winners, respond to any future problems, such as difficulties in navigating the Website or accessing certain features, and to gauge user trends to determine what products and services are most popular with users.
We allow users of the Website to send products, articles, videos, pictures or links by e-mail to other parties who may be interested in them. We do not retain any e-mail addresses (unless you are a member who has already voluntarily provided your e-mail address) of either the sender or recipient of such articles or links after they are sent, and we do not share “send a friend” e-mail addresses with third-parties. We also allow users of the Website to share products, articles, videos, pictures or links to certain third-party websites. We provide such links for your reference and convenience only. A link from the Website to a third-party Website does not mean or imply that Dakine endorses the content on that third-party Website or the operator or operations of that third-party Website.
Of course, we use personal information to allow you to subscribe online or to make product purchases on our Website. We and our technical and fulfillment agents, partners and consultants follow carefully proscribed procedures to safeguard credit card data in connection with your transactions and adhere to certain legal requirements.
HOW DO WE SHARE PERSONAL INFORMATION?
Personal information is available to Dakine and the technical and fulfillment agents, partners and consultants who make our Website, products, and services available to you. Anonymous information is available to our advertisers, sponsors and promotional and business partners. We share your personal information with third-parties only as described below.
DAKINE AND ITS AGENTS
Dakine may access anonymous, aggregate demographic data and any personal information you provide for internal marketing purposes, including sending you notices of sweepstakes winners, new websites, services or products we offer and any other orders. To facilitate subscriptions, catalog requests, and orders, Dakine will cache your order information, and create an authorization with a merchant account (e.g., your credit card company). Website hosting firms, technical and database consultants, advertising agencies, order processing partners, customer service partners and fulfillment firms, including firms assisting us in offering contests, sweepstakes, and promotions, may have access to personally identifiable information in the course of making our products and services available. All companies working for and with Dakine must comply with our privacy policies and are not permitted to sell your information to third-parties or to use it except as authorized by us and you, or as permitted or required by law.
We may offer opportunities to make purchases online from special participating vendors. If we do so, we will also give participating manufacturers, retailers, wholesalers or distributors the order information and authorization for the merchant bank. Any time you order from a participating vendor, that vendor will automatically have all the information related to the order. Participating vendors have their own privacy policies, and they may use that information to advise you directly of other products and offerings that they provide. Dakine is not responsible for these third-parties’ respective privacy policies, and we urge you to inquire about their information collection and use practices. In addition, all vendors will receive the same anonymous, aggregate data that our advertisers receive.
CREDIT CARD COMPANIES
As in any transaction, your credit card company will have all relevant information about the name of the vendor, item(s) purchased, date, total cost and other information necessary to process the transaction. Dakine will not otherwise provide any personal data to your credit card company without your permission.
ADVERTISERS, SPONSORS, AND PROMOTIONAL AND BUSINESS PARTNERS
We share anonymous, aggregate demographic information (such as gender, age, income, hobbies, interests, etc.), and anonymous information obtained from cookies and similar technologies, with our advertisers, sponsors, promotional and business partners, and participating vendors. No personally identifiable information is disclosed to any of these third-parties in providing these reports. Credit card numbers, bank account numbers, and passwords are not shared with advertisers, sponsors or promotional partners, and are only shared with the specific vendors with whom you place an online order.
Information which we obtain in non-Internet transactions or sweepstakes is handled differently. We may share offline contact information with third-parties, who may send you offers or information about their products or services. You must opt out if you do not wish to receive information from third-parties or us by mail.
Your e-mail address is not shared with third-parties unless you agree to receive information, by opting in, from third-parties. In other words, we may extend e-mail offers to users or subscribers on behalf of our business partners about a particular product or service that may be of interest to you, but only if you have indicated that you would like to receive these offers. If you wish to receive such offers, we will not share or disclose your name or e-mail address to those business partners, but will send you the information or offers on their behalf. As a result, although Dakine may receive a fee from our business partners for this service, Dakine sends the offers so that your personal information is never shared with any outside third-party. Of course, you may opt out of receiving these offers at any time.
Sometimes we will give you the opportunity to opt-in to receive e-mail offers from third-parties not affiliated with Dakine. If you decide to accept these offers, we will provide, with your consent, your contact information to the third-party. On our Website, visitors will also have opportunities to sign up directly with certain advertisers and sponsors to enter contests or sweepstakes or to receive e-mail updates and other information directly from them. Third-party vendors and advertisers will also use technical and other consultants. We urge visitors to review carefully the privacy policies of these firms. Dakine is not responsible for the privacy policies and procedures of any third-party.
You should be aware that if you voluntarily disclose information, personal or otherwise, online in any community area (whether through the Website or any other service available online), that information can be collected and used by others. For example, if you use chat, forums, bulletin boards, blogs or message boards, or if you post personal information online (such as your e-mail address), you may receive unsolicited messages from others. Dakine has no control over this use of your personal information.
We reserve the right to use or disclose any information without notice or consent for the following purposes: as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our Website and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation.
HOW DO WE USE WEB PIXELS?
Some pages on the Website may contain electronic images known as web pixels, which are also called “single-pixel gifs.” These images allow us to count users who have visited those pages and to deliver co-branded services. We also may include web pixels in promotional e-mail messages or newsletters in order to count how many messages have been opened and acted upon. Web pixels are not used to access your personally identifiable information but they are a technique we use to compile aggregated statistics about our Website usage. Web pixels collect only a limited range of information, including the time and date of page view, cookie number and description of the page on which the web beacon resides. Some of our web pages may also contain web pixels placed there by our advertising partners to help us determine the effectiveness of our advertising campaigns.
WHAT ABOUT THIRD-PARTY ADVERTISERS?
Some of the third-party content displayed on our Website is provided by outside companies. This content may contain cookies and may also contain web pixels. Unlike cookies and web pixels used by Dakine in the content we control on our Website, we do not have access to information collected from cookies or web pixels received in connection with third-party content. While we use third-parties which we believe are reputable to serve some or all of the content placed within our Website, third-parties may use information (not including personally identifiable information) about your visits to our Website to assist in serving their third-party content to you. They may also share anonymous information with their clients such as date/time of the content shown, the specific content shown, the IP address and other similar information.
HOW CAN YOU CONTROL YOUR PERSONAL INFORMATION?
We believe that choice in how and when you are contacted is key to customer satisfaction. Therefore, we offer several ways for you to update your contact information and/or change your preferences.
If you have a user account at our Website, you may be able to log on and update or change your contact or account information.
You may unsubscribe to any of our e-mail updates by following the unsubscribe instructions in the body of any e-mail message.
You may write to us and update your contact information or ask that we not share your personal contact information with third-parties at:
Dakine IP Holdings LP
ATTN: Privacy Coordinator
6255 Sunset Blvd #650
Los Angeles, CA 90028
In those instances, we will retain your information in a “do not promote” file in our database.
You may also contact us via email at email@example.com.
We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive promotional information from us by mail for up to 60 days due to printing and mailing schedules, and up to 10 days for e-mail. You may also continue to receive information from those third-parties to whom your information was previously disclosed pursuant to their respective privacy policies.
SECURITY OF YOUR PERSONAL INFORMATION
Although we have implemented systems and procedures to secure the data maintained by us, security during Internet transmissions can never be assured. Our policy is to limit access to personal data to those Dakine employees or agents with a specific need to access or retrieve this information. We store data on multiple service systems, in controlled environments. To maintain security, we conduct internal reviews of our security measures on a regular basis. Remember, however, that any personal information you post in comments, product reviews or elsewhere on the Website is available to anyone.
CHANGES IN CORPORATE STRUCTURE
VISITORS AND SUBSCRIBERS OUTSIDE THE UNITED STATES
Our Website and the servers that make the Website available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to the Website. Any information you provide in subscribing to our Website or registering or ordering at our Website will be transferred to the United States. By visiting our Website and submitting information, you authorize this transfer, processing, and use.
Or you can contact us by mail at:
Attn: Privacy Coordinator
6255 Sunset Blvd #650
Los Angeles, CA 90028
PERSONAL DATA PROCESSED FOR THE PURPOSES OF PROVIDING DAKINE PRODUCTS AND SERVICES
When you enter into a contract for the sale of Dakine products or services, Dakine collects and processes your personal data needed for transacting the sale, as per section 6.1 (b) of the General Data Protection Regulation ("GDPR").
The personal data processed by Dakine are your contact details, payment details and any information relating to the product/service sold. Such personal data are processed by Dakine only for specified, explicit and legitimate purposes as indicated above and for no other purpose whatsoever.
Personal data will be processed and stored by Dakine for the duration of the sales contract and thereafter, for the duration of any statute of limitation of any action legal right or action that may be lodged by any of the parties against the other. Any other processing of your personal data will be made only with your prior written consent. Dakine will not provide any of your personal data to any third party without your prior written consent.
PERSONAL DATA PROCESSED FOR MARKETING PURPOSES
If you opt to receive information relating to other Dakine products/services, Dakine will collect certain personal data such as contact details and product preferences which are necessary for selecting and sending you relevant information.
Any collection and processing of personal data for marketing purposes will be performed by Dakine only with your prior written consent (section 6.1 (a) GDPR), even if you are already a Dakine customer. Dakine may also profile your personal data for marketing purposes. You may withdraw your consent at any time by sending an email to firstname.lastname@example.org. Any communication by Dakine using your personal data for marketing purposes will also include an active http link to unsubscribe to such direct prospection. By clicking on the unsubscribe link, you will withdraw your consent and all your personal data will be erased from our marketing data base.
If you are already registered in our database to receive information from Dakine, Dakine may process your personal data "necessary for the purposes of the legitimate interests pursued by Dakine" (section 6.1 (f) GDPR). Dakine may also profile your personal data for marketing purposes. Any communication by Dakine using the personal data will include an active http link to unsubscribe to direct prospection. You may, at any time, exercise your right to object to the processing of your personal data for marketing purposes, including profiling (section 21 GDPR) by clicking on the unsubscribe link provided in these communications. When clicking on such unsubscribe link, all your personal data will be erased from our marketing database.
PERSONAL DATA PROCESSED TO ENSURE TECHNICAL FUNCTIONALITY OF THE DAKINE WEBSITE
When you browse the Dakine website, Dakine collects and processes user behavior data for analytics and server health monitoring purposes using cookies. The processing of this data is necessary for the purposes of the legitimate interests pursued by Dakine (section 6.1 (f) GDPR). Information processed includes usage patterns, the names of pages visited and products viewed while on the Dakine website, and the way customers interact with the site, generally.
This information is necessary for optimizing the website and improving user experience. It also includes performance-oriented technical data, which provides diagnostic information that allows Dakine to understand how the site and server hardware are performing as customers click on links to view pages and content. Dakine uses this information to recognize when the site is performing poorly and to understand how site performance and user experience can be improved.
To minimize the personal data collected, IP address information is excluded or anonymized to prevent identification of individuals.
RIGHT TO ACCESS TO YOUR PERSONAL DATA (SECTION 15 GDPR)
You have the right to access your personal data processed by Dakine (section 15 GDPR). The exercise of the right to access and receive a copy of your data is free if you exercise it under reasonable conditions. In addition to a complete copy of your personal data, Dakine will also provide you with the complete list of information provided for in section 13 of the GDPR. If your requests are manifestly unfounded or excessive, in particular because of their repetitive nature, Dakine may either refuse to answer you or charge you for the provision of this information.
You may exercise your right to access your personal data by sending an email to email@example.com.
RIGHT TO RECTIFICATION (SECTION 16 GDPR)
You can at any time ask Dakine to rectify, as soon as possible, your personal data if this data is inaccurate.
You may exercise your right to rectify your personal data by email sent to datacontroller@dakine.
If Dakine does not take action when you exercise your right to object, access, or rectify, Dakine will inform you without delay and, at the latest, within one month of receipt of your request, of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.
Dakine implements appropriate technical and organizational measures to ensure your personal data are adequately protected. In particular, our website’s bunker security system is armed with a sentry system to monitor activity and prevent any unauthorized disclosure of personal information. Likewise, all credit card information is processed directly by Dakine’s PCI-DSS certified gateway services provider, CyberSource, owned by Visa, and is safeguarded according to the industry’s most recent and strongest standards. In addition, to protect our customers, we utilize a licensed system for fraud detection, and we use industry standard SSL (Secure Sockets Layer) encryption to protect the confidentiality of your personal data stored in our information system.
Your personal data are stored and processed within the information system of Dakine, operated only by Dakine. In case Dakine decides to subcontract all or part of the processing/storage of your personal data, Dakine shall impose to its subcontractor security obligations at least as strict as those described in the present section. Any subcontractor of Dakine shall have no right to subcontract any right or duty agreed upon with Dakine, except with the prior written consent of Dakine.
NOTIFICATION OF PERSONAL DATA BREACH
"Personal data breach" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed by Dakine.
In case of breach of your personal data, Dakine shall provide notification of such data breach without delay to the relevant Supervisory Authority in the EU. In addition, when the personal data breach is likely to result in a high risk to the rights and freedoms of its EU customers or prospects, Dakine shall inform you of the personal data breach without undue delay.
DAKINE EU GDPR REPRESENTATIVE (SECTION 27 GDPR)
Contact information for Dakine’s representative in the EU is included below:
Dakine GDPR Compliance
10bis Rue du Pre Paillard
Inquiries should be sent via post to the address above, or by email to the following address: