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.
How and why we collect information about you directly from you.
We collect personally identifiable information directly from you that you volunteer to us (such as contact information, including the following categories and types: your contact information (including your name, mailing address, e-mail address, phone number); other identifying information (including your IP address); demographic information (including your age and gender); Internet or other electronic activity (including your browsing and click history, including information about how you navigate within our Website and services and which elements of our Website and services you use the most); commercial information (products purchased or viewed on our Website; visual information (including your photos); and inferences drawn from the above categories. We collect 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. We share your personal information with third-parties as described below.
We do share data with third parties, including Marquee Brands, its family members, our vendors and our partners. Some of these disclosures/shares of data do or may constitute a sale of data under some data privacy laws. Accordingly, depending upon your state of residence, we offer the option for you to opt out of the sale of your personal information, as further set forth below.
We may share your personal information with Marquee Brands, its family of brands, and with selected third parties including:
- business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you in order to provide you with a product or service;
- business partners, suppliers and sub-contractors to provide you with information about promotions and offers;
- advertisers, advertising networks and social networks that require the data to select and serve relevant advertisements to you and, in some cases, to others. For more information on how we use personal information for targeted advertising, see below; and
- analytics and search engine providers that assist us in the improvement and optimization of the Service.
- Third parties unaffiliated with dakine.com who believe you may be interested in their products or services, and who may send you marketing information.
We may disclose your personal information to third parties:
- If we enter into negotiations to buy, sell, or merge with any business or assets, or if we enter into bankruptcy, reorganization, or receivership, in which case we may disclose your personal information to the prospective or eventual seller or buyer of such business or assets;
- to any other third party not covered in this policy with your prior consent.
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. 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. 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.
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.
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.
However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Website and services, we cannot and do not guarantee the security of any information you transmit on or through the Website and services, and you do so at your own risk.
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:
YOUR California AND OTHER STATE PRIVACY RIGHTS
Some states, including California, grant you certain rights and control over your information. Those rights may include:
- Information about You: You may ask for us to state what categories of personal information about you we have, and the categories of sources from which we collect your personal information.
- Receive a Copy of Your Data: You may request the categories and specific pieces of information (if any) we have about you, the categories of personal information that we have disclosed about you for a business purpose, and the categories of third parties with which we have shared personal information in the previous 12 months.
- Delete Your Data: You may request that we delete the personal information we have collected from you.
- Do-Not-Sell: You may opt out of our sale(s) of your personal information, as “sale” is defined by data privacy laws. Please see below for more information.
- Non-Discrimination: California law prohibits discrimination against you for exercising your privacy rights.
- We offer various financial incentives. The terms of the financial incentive will be presented to you at the time you sign up. You may withdraw from any of the financial incentives by contacting us at firstname.lastname@example.org or by unsubscribing to our email marketing by vising our website. The value of your data is the value of the offer presented to you. We have calculated the value of the incentive by using the expense related to the offer
How to Exercise Your Rights. To exercise any of the above rights, please contact us via email@example.com or submit a request here: CCPA Compliance – Dakine. To opt out of the sale of your personal information, you can click on the Do Not Sell My Personal Information link on our site or email us at firstname.lastname@example.org.
Please note that your decision to opt out of the sale of your personal information may impact the availability and quality of some of the Services provided to you. Furthermore, your information may still be shared pursuant to the terms of this policy, where such sharing does not constitute a sale.
Verification Process and Required Information. All requests must be verified. Some requests, including receiving a copy of your data or requests made by an agent claiming to be acting on your behalf, are subject to heightened requirements. We will need your name and email address to verify your identity. If we cannot verify your identity based on the information provided, a request for a copy of your data shall be treated as a request for information and if we cannot verify your identity, a request to delete personal information may be treated as a request to opt-out of the sale of personal information.
Authorized Agent. You may designate an authorized agent to make a request on your behalf. An Authorized Agent must have written documentation of their authority to act on your behalf, such as a Power of Attorney.
Or you can contact us by mail at:
Attn: Privacy Coordinator
6255 Sunset Blvd #650
Los Angeles, CA 90028