Privacy Policy

Privacy Policy

Effective date: May 25, 2018

SkiGear Company (“us”, “we”, or “our”) operates the https://www.skigearco.com website (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://www.skigearco.com.

Definitions

Service

Service is the https://www.skigearco.com website operated by SkiGear Company

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small pieces of data stored on your device (computer or mobile device).

Data Controller

Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers)

Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User)

Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time, through your device settings.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we may use:

• Session Cookies.We use Session Cookies to operate our Service.
• Preference Cookies.We use Preference Cookies to remember your preferences and various settings.
• Security Cookies.We use Security Cookies for security purposes.
• Advertising Cookies.Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
• Analytics Cookies.We use Analytics Cookies to monitor and analyze the use of our Service.

Use of Data

SkiGear Company uses the collected data for various purposes:

• To provide and maintain our Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer support
• To gather analysis or valuable information so that we can improve our Service
• To monitor the usage of our Service
• To detect, prevent and address technical issues
• To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or inquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), SkiGear Company’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

SkiGear Company may process your Personal Data because:

• We need to perform a contract with you
• You have given us permission to do so
• The processing is in our legitimate interests and it’s not overridden by your rights
• For payment processing purposes
• To comply with the law

Retention of Data

SkiGear Company will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

SkiGear Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

SkiGear Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Disclosure for Law Enforcement

Under certain circumstances, SkiGear Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

SkiGear Company may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of SkiGear Company
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

“Do Not Track” Signals

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. SkiGear Company aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Data.

The right of restriction. You have the right to request that we restrict the processing of your personal information.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at any time where SkiGear Company relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/

Advertising

We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.

Google AdSense DoubleClick Cookie

Google, as a third party vendor, uses cookies to serve ads on our Service. Google’s use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Service or other websites on the Internet.

You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/

Behavioral Remarketing

SkiGear Company uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

Google AdWords

Google AdWords remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/

Twitter

Twitter remarketing service is provided by Twitter Inc.

You can opt-out from Twitter’s interest-based ads by following their instructions: https://support.twitter.com/articles/20170405

You can learn more about the privacy practices and policies of Twitter by visiting their Privacy Policy page: https://twitter.com/privacy

Facebook

Facebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

To opt-out from Facebook’s interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation

Pinterest

Pinterest remarketing service is provided by Pinterest Inc.

You can opt-out from Pinterest’s interest-based ads by enabling the “Do Not Track” functionality of your web browser or by following Pinterest instructions: http://help.pinterest.com/en/articles/personalization-and-data

You can learn more about the privacy practices and policies of Pinterest by visiting their Privacy Policy page: https://about.pinterest.com/en/privacy-policy

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we may work with are:

Apple Store In-App Payments

Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/

Google Play In-App Payments

Their Privacy Policy can be viewed at https://www.google.com/policies/privacy/

Stripe

Their Privacy Policy can be viewed at https://stripe.com/us/privacy

PayPal or Braintree

Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full

FastSpring

Their Privacy Policy can be viewed at http://fastspring.com/privacy/

Authorize.net

Their Privacy Policy can be viewed at https://www.authorize.net/company/privacy/

2Checkout

Their Privacy Policy can be viewed at https://www.2checkout.com/policies/privacy-policy

Sage Pay

Their policies can be viewed at https://www.sagepay.co.uk/policies

Square

Their Privacy Policy can be viewed at https://squareup.com/legal/privacy-no-account

Go Cardless

Their Privacy Policy can be viewed at https://gocardless.com/en-eu/legal/privacy/

Elavon

Their Privacy Policy can be viewed at https://www.elavon.com/privacy-pledge.html

Verifone

Their Privacy Policy can be viewed at https://www.verifone.com/en/us/legal

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

• SkiGear Company
• 117 Liberty
• Lafayette, LA 70508
• By email at: info@skigearco.com.
• By phone at: +1 (337) 501-8201

Shipping & Returns

Shipping Policy

Products will ship via USPS within 1 business day from date of order. Please note, if the order is placed after 12:00 p.m. CST it will be processed the next business day. Allow 3 – 7 business days for orders to arrive from date of shipping. Arrival date may vary for international shipping.

If you have any questions regarding your order shipment, please email info@skigearco.com and please include your order number.

Return Policy

If for any reason you are not completely satisfied with the item(s) you purchased, you may return it for a refund or exchange within 30 days of the date of purchase.

Please note, for any orders returned after 30 days of the date of purchase, a 25% restocking fee will be charged, along with a $3 charge per box for any damaged boxes. No returns after 60 days of the date of purchase.

Please include a copy of the receipt or invoice, along with the new, unused item and all original product packaging and accessories.

To Return or Exchange an Item:

1. Please provide the following information:
   1. Your name, phone number and address, if different from what is on the receipt.
   2. Detailed explanation of the reason(s) you wish to return the item(s).
2. Repack the new, unused item(s), the copy of your receipt, your reasons for wishing to return the item(s), and your requested replacement item(s), if any, securely in the original product packaging. Use new packaging if original packaging is not available or is damaged.
3. Send the item(s) requested above to:
   SkiGear Company
   117 Liberty
   Lafayette, LA 70508

Upon receiving and processing the returned item(s), SkiGear Company will refund the cost of the returned item(s) plus sales tax to the credit card you originally used to purchase the item(s). Please allow 10 – 15 business days for the credit to appear on your credit card statement.

Original shipping charges, your costs to return item(s), and charges to ship exchanged item(s), if applicable, will not be refunded.

Legal

Website Terms of Use

Welcome to www.skigearco.com, the Website for SkiGear Company. If you visit or shop at skigearco.com, you accept these Terms of Use and all policies posted on our website (such as our Privacy Policy). We may change or update these Terms of Use at any time and, if we do so, we will post the revised Terms of Use on the Website. The date of the most recent revision will always be shown at the end of the Terms of Use. Please review our Terms of Use as often as you feel necessary, since each use of our Website will serve as your confirmation that you agree with and accept the most recent version of these Terms of Use. If you do not agree with our Terms of Use or any modifications, please do not use this Website.

Privacy Policy

At skigearco.com, we respect your privacy and the security of your personal information. We encourage you to read our Privacy Policy so that you understand how we collect and use your information and can make informed choices about using our Website.

Product Purchase

SkiGear Company reserves the right to change the descriptions, specifications, and prices of the products offered on www.skigearco.com without notice and at any time. We attempt to be as accurate as possible, but we do not guarantee that product descriptions, specifications, and prices of products are accurate, complete, or current at all times. Products may not be available for delivery to your country of residence. Our delivery to you of an email confirmation following your placement of an order does not represent our acceptance of the order. We reserve the right to reject any order or limit the quantity of products under the order.

Trademarks and Copyrights

SkiGear Company trademarks and logos are each trademarks or registered trademarks of SkiGear Company. The trade dress of all SkiGear Company products is owned by SkiGear Company. All other trademarks on the Website are the property of the respective trademark owners and are used on the Website with the permission of the owners. Unauthorized use of the Schawbel or third-party trademarks is prohibited by law. All designs, web pages, and source code comprising the Website are copyrighted or licensed by SkiGear Company and are protected by United States and international copyright laws. Content and material from the Website may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of SkiGear Company.

Submissions and Communications

In the event that we establish or maintain an online bulletin board, chat room, blog, or other forum through which you can submit comments or other communications, you agree that you will not upload or transmit any remarks, suggestions, messages, ideas, photographs, graphics, information, data, text, files, links, software, or other materials (“Content”) that:

1. you know is false or misleading;
2. infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
3. is patently offensive or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
4. is abusive, threatening, obscene, defamatory, or libelous;
5. exploits people in a sexual or violent manner;
6. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
7. solicits personal information from anyone under 13;
8. provides any telephone numbers, street addresses, last names, URLs, or email addresses;
9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
10. contains restricted or password-only access pages or hidden pages or images;
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
12. solicits passwords or personally identifiable information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without SkiGear Company’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
14. includes a photograph of another person that you have posted without that person’s consent.

By submitting content to SkiGear Company through the Website, you automatically represent and warrant that you have the right to grant, and do hereby grant, to SkiGear Company the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to:

(a)use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any Content (in whole or in part) worldwide and/or to incorporate all or any portion of it in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright, or other proprietary rights of any party that may exist in such Content; and

(b)use the Content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services that practice or embody, or are configured for use in practicing, all or any portion of the Content.

Under no circumstances will SkiGear Company be required to treat any Content as confidential, except to the extent that the Website’s Privacy Policy applies. SkiGear Company will be entitled to use the Content for any purpose whatsoever (consistent with the Website’s Privacy Policy) without compensation to you or any other person. For the avoidance of doubt, SkiGear Company will not be liable to you or any other person for any ideas (including, without limitation, product designs or ideas) derived from the Content and will not incur any liability as a result of any similarities to the Content that may appear in any future products or services of SkiGear Company.

You acknowledge that you are responsible for whatever Content you submit, and you, not SkiGear Company, shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights. SkiGear Company shall have the right to refuse to post or transmit all or any portion of any Content. By way of example and not in limitation of anything else in this Agreement, SkiGear Company shall also have the right, but not the responsibility, to refuse, remove, or edit any Content (in whole or in part).

Links

The Website may include links to other websites that are not owned or operated by SkiGear Company. You acknowledge that SkiGear Company is not responsible for the operation of, or content located on or through, any third-party website. The inclusion of a link to such website does not imply endorsement by SkiGear Company. Viewing of any website linked to the Website is at your own risk.

Your Account

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. SkiGear Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Minors

SkiGear Company does not sell products for children. If you are under 18, you may use www.skigearco.com only with involvement of a parent or guardian.

Indemnification

You hereby agree to indemnify, defend, and hold harmless SkiGear Company and its subsidiaries, divisions, and affiliates, and each of their officers, directors, representatives, agents, and employees (collectively, the “Indemnitees”) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Website, including without limitation with respect to any claim arising out of any Content that you submit or breach or alleged breach of any of your obligations set forth in these Terms of Use. SkiGear Company reserves the right, at its own expense, to assume to exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event settle any matter without the written consent of SkiGear Company. You shall cooperate as fully as reasonably required in the defense of any claim.

Site Disclaimer

The Website is provided on an “as is” and “as available” basis. Use of the Website is at your own risk. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, SkiGear Company, its subsidiaries, and its licensors do not warrant that the Content is accurate, reliable, or correct; that the Website will meet your requirements; that the Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. Any content downloaded or accessed through the Website is downloaded or accessed at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or access.

Limitation of Liability

SkiGear Company will not be liable for any damages or injury, including but not limited to, special, indirect, incidental, or consequential damages, caused by the Website or any content on the Website or any use of or inability to use the Website, including, but not limited to, any error, omission, interruption, defect, delay in operation or transmission, failure of performance or computer virus, even if an authorized representative of SkiGear Company has been advised of the possibility of such damages. SkiGear Company will not be liable for any damages or injury, including but not limited to, special, indirect, incidental, or consequential damages, that may result from linking to any third-party website.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to certain users.

Termination

SkiGear Company may terminate any rights granted hereunder at any time. You may terminate any obligations granted hereunder by destroying: (a) all content and material obtained from the Website, and (b) all related documentation and all copies, printouts, and installations. SkiGear Company may prevent your access to the Website immediately without notice if, in its sole judgment, you breach any provision of these Terms of Use or for any other reason (or no reason) whatsoever.

Miscellaneous

This Agreement constitutes the entire agreement between you and SkiGear Company regarding your use of the Website, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the state of Louisiana applicable to contracts entered into and performed exclusively in Louisiana. Any court of competent jurisdiction sitting within Lafayette Parish, Louisiana, will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Website or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.

Contact Us

If you have any comments or concerns about these Terms of Use, you may contact us at:

SkiGear Company
117 Liberty
Lafayette, LA 70508

Or by email at: info@skigearco.com.

Last Update

These Terms of Use were last updated and are effective as of January 24, 2012.