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2019 Summit Overland Ltd.

Privacy Policy

Your Privacy: Overview

This privacy policy (this “Privacy Policy”) sets out the privacy policies and practices for Summit Overland Ltd. and its subsidiaries and affiliates (collectively “Summit Overland”) with respect to how Summit Overland collects personal information. It also describes how Summit Overland maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by Summit Overland via this website and other websites operated or provided by Summit Overland, including www.summitoverland.ca and various subdomains (collectively, the “Sites”); our retail stores (the “Stores”); our Guest Education Centre (the “GEC”); and our mobile applications, as well as any other applications or services that display this policy (collectively, the “Services”), and other places where or means by which we may collect personal information. This Privacy Policy also sets out how you can access certain information that Summit Overland may collect about you. In this Privacy Policy, “personal information” means information or opinion about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion as further defined under applicable privacy laws, including, but not limited to, Your Contacts and other personal information collected through the Services.

Please note that the Sites may contain links to other third party websites that are not controlled or operated by Summit Overland. This Privacy Policy does not apply to such third party websites, and Summit Overland is not responsible for the content of such third party websites or the privacy practices of such third parties. Therefore Summit Overland encourages you to request and review the privacy policies of any third parties before disclosing your personal information to such parties or when visiting such third party websites.

Consent

BY SUBMITTING PERSONAL INFORMATION TO Summit Overland OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE THAT Summit Overland MAY COLLECT YOUR PERSONAL INFORMATION AND YOU CONSENT TO THE USE, DISCLOSURE AND TRANSFER OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the purposes identified herein at any time by contacting Summit Overland at the address provided below. If you refuse or withdraw your consent, you acknowledge that Summit Overland may not be able to provide you or continue to provide you with certain services or information which may be of value to you.

Revisions to This Privacy Policy

Summit Overland reserves the right, in Summit Overland’s discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. However, Summit Overland will treat your continued use of the Sites and Services following such revision as your acceptance of the revised terms. All revisions will be posted to the Sites and will apply to any personal information collected on or after the date posted. Summit Overland will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.

This Privacy Policy was last updated January 24, 2019.

Collection of Your Information

Summit Overland may collect personal information in connection with your use or purchase of Summit Overland’s products and services, including at the Stores or through your use of the GEC or the Sites or through your use of the Services, which may include information provided in connection with the following activities:

  • Registering or filling in forms on the Sites or in the Stores. This includes information you may provide when you request additional information about Summit Overland’s products and services or sign up to receive Summit Overland’s e-mail newsletters or coupons.

  • Downloading and using one of our mobile applications.

  • Completing a profile or uploading goals to the Sites.

  • Purchasing any product or service from Summit Overland, whether at a Store or through the GEC or the Sites.

  • Providing design or product feedback or making other submissions to Summit Overland.

  • Requesting information or assistance from Summit Overland. Summit Overland may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications.

  • Participating or responding to consumer survey or requests for consumer’s opinions, concerns, and preferences regarding Summit Overland’s products and services.

  • Participating in consumer contests, sweepstakes and other promotions.

  • Using other features of the Sites or Services that may be offered from time to time, and may require such information in order to utilize the feature (including but not limited to making a Submission as defined in the Terms of Use).

The personal information that Summit Overland may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile, your submissions of your goals to Summit Overland, or in other communications to Summit Overland. In addition, Summit Overland may collect additional information from users of our Services, such as our mobile applications as described in the “Mobile Applications” section below. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual, that is provided by you to Summit Overland.

Summit Overland may also collect information that may not be personal information, which may include, but is not limited to, the frequency of user visits to the Sites and Services, the routes by which users access the Sites and Services and use of any hyperlinks available on the Sites and Services. Summit Overland or its service providers and agents may process and use this aggregate data for various purposes including, but not limited to, analysis of this data for trends and statistics, development of the Sites and Services and the Sites’ and Services’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives. This information is gathered by certain tools and methods such as the collection of your IP address or the use of cookies and is maintained, used and disclosed in aggregate form unless otherwise noted.

INFORMATION WE COLLECT FROM OTHER SOURCES

Summit Overland may obtain information about you from other sources and combine that with information we collect directly from you.  For example, we may collect information, such as your name and email address, from fitness studios and providers of online booking tools when you sign up for and participate in classes offered as part of a Summit Overland promotion or loyalty program. We use this information to better understand your interests and for analytics purposes.

Mobile Applications

Summit Overland may from time to time offer users the ability to download and use mobile applications. By downloading and/or using these mobile applications, you agree to any applicable Terms of Use, which shall be provided to you when you download the mobile applications and which shall be available at any time during your use of such mobile applications, as well as to this Privacy Policy. You may be required to provide personal information in order to use the mobile application, including your first name, last name, email and password. You will have the option of providing other personal information in connection with your use of the mobile application, such as your picture, your physical location, your birthdate and your gender.

If you have provided permission through your device to allow us to collect location information, Summit Overland may obtain pinpointed physical location information from technologies like GPS, Wi-Fi, or cell tower proximity. You are able to withdraw your permission for Summit Overland to acquire pinpointed location information from your device through your device settings, although Summit Overland does not control this process. The mobile application may use the geo-location features of that application (GPS or network-based) to support your use of location-based tools such as locating classes, teachers and studios near you.

Some of our mobile applications allow you to connect with Facebook and import your Facebook information, such as your friends’ names, as well as your device contact list (collectively, “Your Contacts”) into the application for the purpose of allowing you to invite such persons to download the application or to invite them to participate in certain activities, such as a yoga class. If you agree to connect our mobile applications with Facebook and to share information and Your Contacts, you grant Summit Overland permission to access and use such information for such purposes provided in this paragraph of the Privacy Policy. You further represent and warrant that you have the right to share and transfer Your Contacts with Summit Overland and that Summit Overland’s use of Your Contacts for the purpose provided in this paragraph does not violate the rights of any third party. Please note that Summit Overland does not, in any way, control the information that Facebook collects from you.

You will have the option to opt-out partially or completely from any of our mobile applications or withdraw any permission granted to Summit Overland, and in any such case, Summit Overland will destroy and permanently de-identify personal information it holds and has collected from your use of such mobile applications.

Cookies

Like many websites, Summit Overland utilizes “cookies” to maintain a record of your visit to the Sites and your use of the Services. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer or mobile device. It can only be read by the server that sent it to you. This information does not identify you personally and you remain anonymous unless you have otherwise provided Summit Overland with personal information.

Cookies help Summit Overland to improve the Sites and Services, and to deliver more personalized service by enabling Summit Overland to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites or use the Services.

Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting Summit Overland’s cookies, you may follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites or the Services.

IP Addresses

An IP address is a computer's numeric address, by which it can be located within a network. Summit Overland may record your IP address when you visit or use services or features on the Sites. Summit Overland may use your IP address for the purposes noted above, and also to help diagnose problems with Summit Overland’s server, or to administer the Sites. Summit Overland may also use your IP address to identify you when Summit Overland feels it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, or to protect the Sites, Services, systems, information, employees, service providers, business partners, users, customers and others.

Third Party Analytics and Tracking

Summit Overland uses automated devices and applications provided by third parties, such as Google Analytics (including Google Analytics’ Demographics and Interest Report) Adobe Analytics, Adobe Target, to evaluate usage of our Sites and Services. We also may use other analytic means to evaluate our Services. Summit Overland participates in the Adobe Marketing Cloud Device Co-op to better understand how you use our website and apps across the various devices you use, and to deliver tailored promotions. Learn about the Adobe Marketing Cloud Device Co-op and Manage your privacy. We use these tools to help us improve our Services, performance, and user experiences. These entities may use cookies and other tracking technologies which collect information to perform their services. We do not share personal information that we collect directly with these third parties. However, these third parties may collect personal information directly through the use of cookies and other tracking technologies. For an explanation of the information collected by these third parties and their respective privacy policies, please go to the Google Analytics privacy policy. Those wishing to opt out of Google Analytics data collection should use the Google Analytics Opt-out Browser Add-on. Those wishing to opt out Adobe Analytics and Adobe Target should use Adobe's opt-out tool.

Please note that these third parties use cookies — text files that are stored on your computer and that enable an analysis of your use of the Sites. You can prevent the collection of data concerning your use of the Sites (including your IP address), which are generated by the cookie, and the processing of that data by Google by downloading and installing the browser plug-in that is available under the following link: download and install the browser plug-in. To delete, disable and opt-out of cookies used by Bazaarvoice, please go to the opt-out section of the Bazaarvoice Privacy Policy.

Summit Overland collects transactional information and browse behavior on our website. Summit Overland may use such information to offer you recommendations for products and services that are relevant to your interests. Summit Overland uses the services of trusted third parties to offer you meaningful recommendations during the online experience. Summit Overland shares IP address, unique ID number, and shop and browse behavior with the third party service provider on an aggregate basis but does not share personal information for these purposes.

Summit Overland also works with trusted third parties that use tracking technologies to serve advertisements on our behalf across the Internet. These companies may use cookies and tracking pixels to collect non-personally identifiable information such as items viewed, items added to your shopping cart and items purchased during your visits to our website in order to help show advertisements on other websites likely to be of interest to you. If you would like more information about this practice or to opt-out of this use of your anonymous information, please visit http://www.networkadvertising.org.

Protection of Your Information

To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, Summit Overland uses physical, technological and administrative procedures to protect the personal information that Summit Overland collects from loss, unauthorized access, modification, disclosure or other misuse.

Nevertheless, Internet or wireless transmissions are never completely private or secure. You understand that any messages or information you send to the Sites or through the Services may be read or intercepted by others. If you have any questions about the security of personal information collected by Summit Overland, please contact: info@summitoverland.ca

You should also be aware that certain aspects of the Sites and Services are not confidential and are available for public viewing. For example, other users of the Sites and Services will be able to view your profile and goals that are publicly available. Any submissions that you may post to any publicly available blogs or other publicly available features of the Sites and Services are not confidential and may be viewed by other users of the Sites and Services. By making personal information publicly available where the Sites and Services allow you to do so, you consent to such publication by Summit Overland or its service providers and agents. Please refer to the Terms of Use for additional provisions relating to user submissions that may apply to you.

Use of Your Personal information

Upon Summit Overland’s collection of your personal information, Summit Overland may use such personal information internally, separately or in combination with pre-existing information, for the following purposes:

  • To develop, enhance, market, sell or otherwise provide information, products or services;

  • To establish and conduct commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with Summit Overland including at the Stores, on or through the Sites or through the GEC or through the Services;

  • To conduct or administer contests, sweepstakes or other promotions in which you have participated;

  • To contact you and to respond to any communications that you may have had with us;

  • To troubleshoot problems with the Sites and Services;

  • To customize your experience or homepage on the Sites;

  • To develop and manage Summit Overland's business and operations;

  • To enforce Summit Overland’s Terms of Use or comply with this Privacy Policy;

  • To detect and protect Summit Overland and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with Summit Overland’s policies and contractual obligations;

  • To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Summit Overland;

  • As permitted by, and to comply with, any legal or regulatory requirements or provisions;

  • To access, preserve, disclose and use your personal information contained in your account, all Submissions (as defined in the Terms of Use), all communications to and from you, all information relating to your use of the Sites, if Summit Overland is required to do so by law or legal process or if Summit Overland determines, in its sole discretion, that such action is necessary to protect the rights of Summit Overland, third parties, and other users of the Sites or for purposes of responding to your request for customer service; or

  • For any other purpose to which you consent.

Personal information collected by Summit Overland may be transferred to, stored and processed in the United States, Canada, or Australia. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.

Disclosure of Your Information

Summit Overland may disclose your personal information to its subsidiaries or affiliates and to third parties whom Summit Overland hires to provide services on Summit Overland’s behalf, including, but not limited to, support services, website services, delivering promotional materials, contests, sweepstakes and other promotions, and answering customer questions about Summit Overland’s products and services. These subsidiaries, affiliates and third parties may be located overseas. Summit Overland will only provide those third parties with the personal information that they need to deliver the services to Summit Overland and/or on Summit Overland’s behalf. Summit Overland will not disclose your personal information to third parties for their direct marketing purposes without obtaining prior affirmative consent. In the event that Summit Overland is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Summit Overland, you consent to your personal information and any other information Summit Overland may have collected being transferred to another party in connection with such transaction. You also consent to Summit Overland disclosing your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of Summit Overland’s business or operations; as consented to by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.

Retention of Your Personal information

The personal information that you provide will be retained by Summit Overland in accordance with applicable laws. However, Summit Overland will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for Summit Overland business purposes.

CHILDREN'S PRIVACY

Summit Overland recognizes the privacy interests of children and Summit Overland encourages parents and guardians to take an active role in their children's online activities and interests. The Sites are not intended for children under the age of 18. Summit Overland does not target its services or the Sites to children under 18.

CHOICE AND OPT-OUT PREFERENCES

Summit Overland does not collect your personal information except in accordance with this Privacy Policy. If, at any time, you prefer not to receive further email communications from Summit Overland (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by Summit Overland. If, at any time, you prefer not to receive any other form of communication from Summit Overland, you will have the ability to unsubscribe from such communications by contacting us.

ACCESS AND CORRECTION

Summit Overland will take reasonable steps to ensure the personal information it holds is accurate, complete and up to date. Upon your written request, subject to certain exceptions provided by law, Summit Overland will inform you of the existence, use and disclosure of your personal information and give you access to that information, or request its deletion. Additionally, if you have any questions or enquiries relating to our privacy practices or procedures, or if you believe that the personal information that Summit Overland holds about you is not accurate, complete or up to date you may write to the Privacy Officer at the address provided below. If you are able to establish that the information is not accurate, complete or up to date, Summit Overland will take reasonable steps to correct the information so that it is accurate, complete and up to date.

OUR INTERNATIONAL OPERATIONS AND DATA TRANSFERS

We operate internationally and may transfer information collected within the European Economic Area and Switzerland to the United States for the purposes described in this policy. Summit Overland complies with the EU-US and Swiss-US Privacy Shield principles regarding the collection, use, sharing, and retention of personal information from the EEA and Switzerland, as described in our EU-US Privacy Shield certification and Swiss-US Privacy Shield certification. Learn more about Privacy Shield here.

We are subject to the oversight of the US Federal Trade Commission and remain responsible for personal information that we transfer to others who process it on our behalf as described in the Disclosure of Your Information section. If you have a complaint about our Privacy Shield compliance, please email us at: info@summitoverland.ca You can also refer a complaint to our chosen independent dispute resolution body JAMS, and in certain circumstances, invoke the Privacy Shield binding arbitration process.

REQUEST FOR ACCESS AND CORRECTION, QUESTIONS OR COMMENTS

Summit Overland welcomes questions and comments about this Privacy Policy. Requests for access and correction of your personal information, and questions or comments should be directed to the Summit Overland Privacy Officer at:

Summit Overland Ltd.

Email: info@summitoverland.ca

 
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