PRIVACY POLICY

Last Updated: December 1, 2021

This Privacy Policy is intended to help you understand what Personal Information we collect about you, as well as how we collect, use, process, and retain your Personal Information. When we refer to the "Company," "we," or "us" in this Privacy Policy, we are referring to Boardriders, Inc., and its affiliates, subsidiaries and brands, including Quiksilver, Billabong, Roxy, DC Shoes, RVCA, Element, VonZipper, Honolua, Dot Dash and the Boardriders Foundation, and affiliated domains linked to this Privacy Policy.

This Privacy Policy applies whenever you access or use our websites, mobile apps, or any other applications or services that display this Privacy Policy, shop in our stores, join one of our Loyalty Clubs, participate in a contest or sweepstakes, contact our Customer Service Department, engage with us on social media, or otherwise interact with us. We encourage you to thoroughly review this Privacy Policy.

1. INFORMATION COLLECTED

We may collect and retain both Personal Information and non-Personal Information that you provide to us through our websites ("Sites) and stores, or that we receive from third parties, or through other interactions with you. "Personal Information," as used in this Privacy Policy, refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household. Over time, non-Personal Information may become Personal Information due to regulatory developments, technological advancements, or the co-mingling of personal and non-Personal Information. Categories of information we collect from you may include:

Purchase Information : We may collect your name, billing and shipping address, email address, phone number, credit card number, and expiration date when you make a purchase. This information is used to provide the products and services that you have ordered, process and ship orders, send order and shipping confirmations (or other transactional information), and/or to provide customer service.

Information Collected In-Store : We may collect your name, email address, mailing address, zip code, and preferences if you complete a form within the store. This information will be used to provide you with products that may be of interest to you and to provide you with information that you request.

Account Information : We may collect your name, email address, mailing address, zip code, date of birth, and gender if you create an account with us or join one of our Loyalty Club programs. This information will be used to help you keep track of your orders, to keep you updated about special offers, updates related to the Sites, and to facilitate checkout during purchases. This information may be collected directly from you or from third parties.

Information for Recruiting and Human Resources : We may collect your name, email address, mailing address, government issued identification card, gender, birth date, insurance policy number, education, employment history, bank account number, other financial information, medical information, health insurance information, or protected classification characteristics under state or federal laws such as age, race, or citizenship if you apply for employment or become an employee of Boardriders.

Information for Commercial Communications : We may collect your name, email address, mailing address, gender, and birth date if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers, and new features available through the Sites.

Information Relating to Your Inquiries : We may collect your name and email address if you contact our Customer Service Team. This information may be used so that we can respond to your questions or provide other assistance.

Information for Contests or Sweepstakes : We may collect your name, email address, and other contact information if you participate in promotional activities, such as a contest or sweepstakes, that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites. It will also be subject to the terms accompanying such promotion.

Survey Information : We may collect your name, age, zip code, shopping habits, email address, and/or mailing address if you choose to participate in one of our online surveys. This information will be used to help provide us with relevant information about our consumers.

Usage Information : We may passively collect usage information while you are visiting the Sites. We call this "passive" collection since you may not know that this information is being collected when you visit or interact with the Sites. This information may consist of the following items: Site visitors' IP address, IP address-related information, system Media Access Control address, network configuration information, network device information, browser plug-in type and versions, and operating system. Our mobile application also automatically collects certain information such as your IP address, device information (e.g., the unique identifier of your mobile device, hardware model, operating system version, mobile network information), and the URL from which you access our application.

Information from Other Websites, Including Mobile Applications and Social Media Platforms : If you use a social media platform or your mobile device (or other methods of communication) to interact with the Sites, that platform or application may have a specific privacy policy that governs the use of Personal Information related to it. For example, if you use a mobile application and your mobile device's settings allow it, we may collect mobile location information from your device. Our application may be designed to collect information even if you are not logged into the application or the Sites. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings. We do not control the data collection or privacy practices of the application stores from which you download our mobile application or of any third-party platform through which you access our Sites or contact us.

Information from Other Sources : We also may obtain, collect, and aggregate information provided to us by our marketing service providers and other vendors, including information on current subscribers or customers, and is used for a number of things, including enabling us to send you offers and announcements specifically tailored for you and your interests. You can update your information or change your preferences regarding receiving announcements and other information from us at any time by accessing your account via the Sites. (For more information, see below section entitled "How To Access, Correct and Update Your Personal Information." California residents may also consult the section entitled "Your California Privacy Rights.")

2. COOKIES AND OTHER SESSION IDENTIFIERS

We, and third parties we allow, utilize a technology called a "cookie" that is a piece of information that is placed on your browser when you access the Sites. In many cases, the information collected using cookies (and related technologies) is used in non-identifiable ways, without reference to Personal Information. For example, we use the information we collect about users of the Sites to optimize our Sites and to understand traffic and usage patterns. In other cases, we may associate the information we collect using cookies and related technologies with Personal Information.

We use cookies to provide additional functionality to the Sites and help us to analyze usage of the Sites more accurately. For instance, the Sites may set a cookie on your browser that allows the Sites to remember you during future visits. We use cookies to monitor and maintain information about your use of the Sites. Cookies are also used to track the identity of websites you visited immediately prior to visiting the Sites; other than that, we do not track information about your use of other websites. Cookies also allow us to hold selections in a shopping cart when a user leaves the Site without checking out. Cookies are not used on the Sites to store your account information as this information is stored securely on a server. When you log in to the Sites with your username and password, we will assign you a secure session ID. The server then passes your information to you through this secure session ID. Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue in your browser until they are deleted or expire). Some of the cookies we use may be flash cookies or Adobe cookies. They may contain demographic information, and depending on your browser, these cookies may not normally be deleted when your cookies are deleted.

We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about the use of the Sites and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online services. You can learn about Google's privacy practices by going to https://google.com/policies/privacy/partners. You may also opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

We also use Adobe Analytics to measure the performance of the Sites, to share relevant information and advertising with you based on your and other visitors' past visits to the Sites, and help us measure your interactions with any Company advertising you see on other websites. For further information on Adobe Analytics and to opt out, please click here: https://www.adobe.com/privacy/opt-out.html.

We may use advertisers, third-party ad networks, and other advertising companies to provide advertisements on our Sites and on third-party websites. These companies may use cookies, web beacons, or other technologies to gather information about your visit to our Sites to enable them to market products or services to you, to monitor which ads have been served to your browser and which web pages you were viewing when such ads were delivered. These third-party advertising companies may employ first-party cookies or third-party cookies. Unlike third-party cookies, first-party cookies are hosted on the Company's servers. More information about your choices regarding this practice is available at http://www.networkadvertising.org/managing/opt_out.asp or http://preferences.truste.com/truste/.

We recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Sites. However, you have the ability to control the use and moderation of our cookies. If you elect not to allow cookies to be placed as provided herein, you may not be able to use or enjoy all of the services and features of the Sites. You can configure the settings on your browser (i) to notify you when you are receiving new cookies, (ii) to disable cookies, or (iii) to delete cookies. Please refer to your Web browser's help section for information on how to do this.

3. HOW WE USE THE INFORMATION COLLECTED

We may use your Personal Information in the following ways:

Access and Use : If you provide Personal Information in order to use the Sites or any functionality thereof, we will use your Personal Information to provide you with access to or use of the Sites or functionality and to monitor your use of the Sites or specific functionalities.

Internal Business Purposes: We may use your Personal Information for internal business purposes such as helping us improve the content and functionality of the Sites, to better understand user behavior, to improve the Sites, to protect against fraudulent activities, to manage your account, to provide you with customer service, and to generally manage the Sites and our business.

Marketing: We may use your Personal Information to contact you for marketing and advertising purposes, such as informing you about offers, contests, or surveys that may be of interest to you and to display content and advertising on or off the Sites which may be of relevance to you. If you wish to change or update your Personal Information or to change your subscription preferences, you may do so as provided herein. We also use your Personal Information for other marketing reasons, such as administering our loyalty programs.

Recruiting and Human Resources : We collect and use candidate and applicant Personal Information for recruiting and human resources purposes such as evaluating and selecting candidates for potential employment, recordkeeping, ensuring compliance with legal requirements (e.g., diversity and inclusion requirements and practices), conducting reference or other background checks permitted by applicable law, protecting our legal rights to the extent authorized or permitted by law, and communication with candidates and applicants regarding the recruiting process. If you are hired, we will also use relevant portions of your Personal Information to establish a basic employment record. We may also analyze your Personal Information or aggregated/anonymized data to improve our recruiting processes.

Specific Reason : If you provide Personal Information for a certain reason, we may use it in connection with the reason for which it was provided. For instance, if you contact us by email, we may use the Personal Information you provide to answer your question or to attempt to resolve your issue and will respond to the email address from which the contact came.

Aggregated Information : We (either directly or working in concert with our marketing services providers) may conduct research on our customer demographics, interests, and behavior based on Personal Information and other information that has been provided or received by us. For example, we may combine information about visitors to the Sites to determine how best to target our marketing. This research may be compiled and analyzed on an aggregate basis such that it does not identify you personally and is not classified or treated as Personal Information under this Privacy Policy.

4. HOW WE SHARE YOUR INFORMATION

We may also share your Personal Information with our subsidiaries and/or affiliates, who will treat and maintain any Personal Information in accordance with this Privacy Policy. We may also share the Personal Information we collect to the following categories of third parties in the following circumstances:

Order Fulfillment and Fraud Protection : If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address, and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personal Information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card). In addition, we may share your Personal Information with fraud protection services to assist us in preventing fraud and protecting our customers from credit card fraud.

Business Transfers : As with any business, it is possible that as our business develops, we might sell, assign, buy, transfer, or otherwise acquire or dispose of certain businesses or corporate assets. In the event of such or similar events, Personal Information may be part of the transferred assets.

Agents, Consultants, and Related Third Parties : As noted above with respect to our eCommerce service provider, we sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include but are not limited to payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis, and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain Personal Information.

Third-Party Marketers, Partners, and Other Third Parties : We may share your Personal Information with other marketers, partners, and other third parties, whose products or services we feel may be of interest to you. These third-party marketers, partners, and other third parties may use your Personal Information for their own purposes or further disclose your information to other third parties. If you prefer that we not share your Personal Information with these types of parties, please email us at [email protected].

Legal Requirements : We may disclose your Personal Information if required to do so by law, in responding to a subpoena or request from law enforcement, court, or government agency, or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Sites or the public or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.

5. HOW TO ACCESS, CORRECT, AND UPDATE YOUR PERSONAL INFORMATION

You can access, correct and/or update certain Personal Information that you have provided to us by clicking on "Update Account" within the "My Account" area of the Sites. California residents may also refer to the section entitled "Your California Privacy Rights."

6. STEPS TAKEN TO KEEP YOUR INFORMATION SECURE

We have implemented information security measures that contain administrative, technical, and physical controls that are designed to reasonably safeguard your Personal Information. Even though we take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with Personal Information. No data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us. Any information that you transfer to us is done so at your own risk. If you have reason to believe that your Personal Information that we have collected or our system security has been breached, please email us at [email protected].

7. YOUR CHOICES AND INDIVIDUAL RIGHTS

You have several choices available when it comes to your Personal Information. We will honor the choices you make regarding your Personal Information. If you have created and maintained a user account on the Sites, you will be able to sign in and update your account (including contact) information. You may also write to us at the address provided in Section 14 to update your contact information or to change your subscription preferences. In addition, you may:

Limit the Personal Information You Provide : You can use the Sites and limit the Personal Information you provide either by disabling cookies or by not registering an account with us. If you choose to limit the Personal Information you provide and/or to disable cookies, you may not be able to use certain functionalities of the Sites. For instance, in order to purchase goods and services on the Sites, payment and shipping information must necessarily be provided.

Manage Your Subscription Preferences : We may send your information by email or text message. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner.

Opt Out of Marketing Emails : For email marketing, you will have an opportunity to change your subscription preferences by clicking on an "unsubscribe" hyperlink contained in all promotional emails sent by us or on our behalf. Please note that while we honor all subscription requests as timely as possible, it may take up to ten (10) business days to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Sites, be sent transactional communications related to the purchase or shipment of items purchased. Thus, if you order online, we will send you an email confirming your order and may contact you by phone, email, or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations. You may ask us not to contact you by text message at any time by responding to a text message after it is received. For automated text messages, you will have the opportunity to opt-out by replying "STOP" to any message received. We will also send you a confirmatory message in response to any opt-out request. We will process your unsubscribe request as soon as possible but may receive a few more messages until the unsubscribe request is fully processed.

Social Media & Other Public Platforms : You may manage the sharing of certain Personal Information with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust your permissions and manage the interactivity between us and your social media platform(s) or application(s). If you post information to public forums, including social media platforms, that information may become available to all who access such platform pages.

8. LINKING TO OR FROM THIRD PARTY SITES

The Sites may contain links to websites not operated or controlled by us (the "Third-Party Sites"). We are not responsible for the privacy practices, content, or actions of Third-Party Sites; rather, the owners and operators of all Third-Party Sites are responsible for all Personal Information provided, collected, maintained, stored, or otherwise disclosed on those sites. The links on the Sites do not imply that we endorse or have reviewed the Third-Party Sites, including their privacy policies. If you have any questions about how these Third-Party Sites use your Personal Information, you should contact the operators of those sites directly for information.

If you have accessed the Sites through a link from certain of our advertising or marketing partners, the Sites may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed Web pages is collected by us, and our use of such information is governed by this Privacy Policy.

9. HOW WE RESPOND TO DO NOT TRACK SIGNALS

Please note that our Sites do not support "Do Not Track" browser settings and do not currently participate in any "Do Not Track" frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Information.

10. CHILDREN"S PRIVACY

We do not knowingly collect Personal Information of any user under 13 years of age. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us through the methods provided in Section 14 for removal of that information.

11. ACCESSING THE SITES FROM OUTSIDE OF THE UNITED STATES

Please be aware that your information may be transferred to and maintained on servers or databases located outside your state, province/territory, or country. If you are located outside of the United States, please be advised that we process and store Personal Information in the United States. By using our websites, you agree to the collection, use, transfer, and disclosure of your Personal Information, browsing information, and that communications will be subject to the applicable laws in the United States.

12. CHANGES REGARDING THIS PRIVACY POLICY

We reserve the right to change or modify this Privacy Policy from time to time. If we make changes, we will notify you by revising the "Last Updated" date at the top of this Privacy Policy. Please review this policy periodically, and especially before you provide any Personal Information.

13. YOUR CALIFORNIA PRIVACY RIGHTS

The California Consumer Privacy Act of 2018 ("CCPA"), and other California privacy laws, provide California residents with specific rights concerning their personal information. This section describes your rights, how you may exercise those rights, and how we handle your Personal Information. Terms used in this section have the meanings given to them in the CCPA.

If you are a California resident, we may have collected the following categories of information from you within the past 12 months and disclosed or shared the information to the third parties indicated:

Identifiers, such as your name, aliases, postal address, email address, online identifier, Internet Protocol address, account name, or other similar unique personal identifiers. We may disclose this information to payment processors and to providers of internet, marketing, order fulfillment, and administrative services.

Personal information categories listed in the California Customer Records statute , such as credit card signatures, inferences about physical characteristics derived from the information you provide regarding style selections and clothing or footwear sizes, and credit card or debit card number. We may disclose this information to payment processors, providers of internet, marketing, and administrative services.

Commercial information , such as products or services you purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We may disclose this information to payment processors and providers of order fulfillment and marketing services.

Internet or other similar network activity, such as browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. We may disclose this information to internet service providers, payment processors, and advertising networks.

Geolocation data , such as information pertaining to location. We may disclose this information to internet service providers, order fulfillment services providers, and advertising networks.

Audio and visual information , such as video recordings made of customers while they are visiting our stores. These recordings are maintained in an anonymized form. We may disclose this information to third parties as needed to protect our rights and the rights and safety of our customers and employees.

Inferences drawn from other personal data , such as customer profiles reflecting shopping preferences and behavior. We may disclose this information to advertising networks in aggregated and/or anonymized form.

Protected classifications under California law , such as information for human resources requirements related to age, race, veterans status, or gender. We may disclose this information to providers of human resources administrative services.

Additional categories of third parties to whom the Personal Information may be disclosed include fraud prevention providers, government entities, cloud storage providers, email distribution service providers, sweepstakes or contest sponsors, operating systems and platforms, social networks, web hosting service providers, customer service management providers, and cybersecurity service providers.

If you are a California resident, the CCPA grants you the rights discussed below with regard to your Personal Information (the CCPA does not currently extend these three rights to certain categories of information, such as employee or job applicant data or business to business data):

Right to Access : You have the right to request, up to two times in a 12-month period, that we disclose to you the categories of Personal Information we have collected about you, the categories of sources from which it is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. You also have the right to know if we have sold your Personal Information or disclosed your Personal Information for a business purpose and, if so, the categories of Personal Information we sold or disclosed for a business purpose. You also have the right to request the specific pieces of Personal Information we have collected about you and the third parties to whom we may disclose Personal Information.

Right to Delete : You have the right to request that we delete your Personal Information that we may collect from you, subject to applicable legal exceptions.

Right to Opt-Out of the Sale of Personal Information : You have the right to "opt-out" of the "sale" of your Personal Information" to third parties (as those terms are defined in the CCPA). We do not transfer your Personal Information to third parties in exchange for monetary compensation, but we do share personal information with companies in order to help us market or advertise to you. We do not have actual knowledge that we sell personal information of minors under 16 years of age.

We do not discriminate against you for exercising any of your California privacy rights, and we will not deny you goods or services, charge you a different price, or provide you with a lesser quality of goods or services if you exercise any of those rights. However, we may offer you certain financial incentives permitted by the CCPA that may result in different prices, rates, or quality levels. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

To submit a request to exercise any of these rights, click [SD1] or email us at [email protected] We may take steps to verify your identity before completing your request for access or deletion and may ask for you to confirm the data points we already have about you. You may designate an authorized agent to make a request on your behalf. Authorized agents must be registered with the California Secretary of State. We may deny a request from an agent that does not submit written proof that they have been authorized by you to act on your behalf.

14. CONTACTING US

If you have any questions, comments, or concerns regarding our Privacy Policy or privacy practices, please send an email to [email protected], call us at the number below, or write to us at:

Boardriders, Inc.

Attention: Legal Department

5600 Argosy Circle, Building #100

Huntington Beach, CA 92649

Phone: 1-877-837-3932

Monday thru Friday 7 am to 6 pm (PST)


[SD1]This should link to https://www.boardriders.com/ccpa/