+ Last Updated: February 15, 2020
(1) who we are; (2) the kinds of Personal Data we may gather during your visit to the Site; (3) our basis for gathering your Personal Data; (4) how and why we process your Personal Data; (5) when we might disclose your Personal Data and to whom; (6) where your Personal Data is stored; (7) how long we will retain your Personal Data; (8) your data protection rights; and (9) how you can manage our collection of your Personal Data.
We also wish to inform any European citizens of their rights when we use their personal information.
The Site is not directed to children under the age of 13 (or such other digital age of consent in your jurisdiction, for example, 16 years of age in certain European countries) (together, the “Age of Consent”) and we do not knowingly collect personal information from children under the Age of Consent. If you are under the Age of Consent you should not use this Site, and under no circumstances should you send information about yourself to us. If we are made aware that a child under the Age of Consent has provided us with personal information, we will immediately delete that child’s information from the Site.
Who Processes Your Personal Data?
What Kinds of Personal Data Do We Collect?
Activities and Information You Provide
We receive and store any information you enter on the Site or give us in any other way, including when registering for mailing list, during ordering, purchasing, and/or billing, entering a contest, sweepstakes, or other promotion, and as provided in your comments and requests.
The Site may give you the ability to register for an account or to create and update a user profile on the Site. If we offer user account or profile functionality on the Site, we will collect the Personal Data that you or your computer/device provides to us in the course of registering for an account or creating or updating a user profile. We will also collect Personal Data provided to us in the course of you making a purchase on the Site, whether or not an account is created. The information collected will vary but typically includes Personal Data, such as:
your first and last name
your e-mail address
your mailing address (including city, state, zip code, and country)
the country in which you reside
when you click an ad or see an ad impression
Information You Do Not Directly Provide
Even if you do not explicitly provide us with information, we may collect certain personal information when you interact with the Site.For example, our servers may keep an activity log that tracks all visitors to the Site. The information in the activity log may be anonymous and therefore may not identify you individually, however such information, in conjunction with other information that we hold, may also be capable of identifying you and so may constitute Personal Data. The information our server collects may include among other data:
your IP address
your registered domain or home server
time and date of access
web page(s) visited
number of clicks
the content, features, and activities that you access and participate in on the Site
software crash reports
type of browser used
the nature of the device from which you are visiting the Site (g., a personal computer or a mobile device)
session identification number
search terms, search results
referring website’s address(es)
We may collect this information passively using technologies such as standard server logs, cookies (see below), and clear GIFs (also known as “web beacons”). We use passively-collected information to administer, operate, and improve the Site and our other services and systems, to improve the effectiveness of advertising on the Site, and to provide advertisements and other content that is tailored to you.
What is our Legal Basis for Processing Your Personal Data?
Also, in certain circumstances, GearBeyond may also process your data for the purposes of our legitimate interests, such as to inform you of changes to our services, to provide you with information about other services we offer. In addition, we will process your Personal Data in order to comply with any legal obligations to which we are subject or to ensure the necessary performance of a contract.
How and Why We Gather Your Data and Personal Data
The text in a cookie, by itself, only tells us that you have visited the Site before. It does not store any Personal Data such as your name, e-mail address, street address, or phone number, however, it may store your IP address and other online identifiers which may constitute Personal Data. Cookies are also used to maintain your shopping basket. All data contained in the shopping basket is kept on our server and not in the cookie your machine is assigned.
Please be aware that your use of the Site, other websites, or other services provided by third parties (“Third-Party Services”), including, for example, Google Analytics, may set cookies on your hard drive or use other means of passively collecting information about your use of the Site, Third-Party Services, or other services or content.
To do this, such third parties may use first-party cookies (which are set by the same domain your browser is receiving data from), third-party cookies (which are set by a different domain), web beacons, pixels, or similar tools. We also may make either Personal Data or non-personally identifiable information available to Third-Party Services, and these Third-Party Services may collect such information, to assist such parties in understanding our users’ activities and usage patterns on the Site.
We do not have access to, or control over, the actions of Third-Party Services. Each provider of Third-Party Services uses information that it collects in accordance with its own privacy and security policies.
If you access the Site from a mobile device, the Site may try to access to your location in order to tailor your experience with the Site based on your location (“Location-based Services”) and in such an event we may collect information about the location of your device such as GPS coordinates; provided however, only if certain features of your mobile phone, such as GPS, Wi-Fi, and Bluetooth, are enabled. If Location-based Services are enabled, we may be able to identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. Such information may constitute Personal Data.
How We May Use Your Personal Data
Information You Give Us
If you use the Site for purchases or any other financial transactions, we collect information about the purchase or transaction. This may include:
involvement in our email club
If you contact us via the Site, or in any other way, we may retain the correspondence and the information it contains, such as:
the reason for contacting us
We may use the information to:
respond to your inquiry
to notify you of GearBeyond offerings
for marketing purposes
When you contact us, we will request your affirmative, positive consent to use your contact information for marketing or other business purposes. In the event you do not consent to the use of your contact information for marketing or other business purposes, it will not be used for those purposes. If you provide your consent but subsequently do not wish to receive related notifications, or otherwise want to restrict the use of information you provide to us, please follow the instructions on any marketing correspondence or send us an e-mail at the address listed below.
We accept payments through PayPal and Stripe. When processing payments, some of your data will be passed to PayPal or Stripe, including information required to process or support the payment, such as the purchase total and billing information.
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
Information You Do Not Directly Provide
We may aggregate and use Personal Data and other non-personal information gathered in the manners described above, including IP addresses, location data, and the domain name of e-mail addresses of visitors to the Site, to help us determine how people use the Site and to improve the Site’s performance and usefulness.
The Site interfaces with and links to other websites of partners such as Nike and New Era, and may in the future use social media plugins (e.g., the Facebook “Like” button, “Share to Twitter” button) to facilitate social media functions. If you are a member of a social media platform or website, and log in to such social media or platform, the interfaces may allow the social media platform or website to connect your Site visit to your Personal Data. We have no control over the information that other websites, social media platforms, or plugins collect, store, or use.
Transfers of Personal Data
We may employ other companies and individuals to perform functions on our behalf, including fulfilling orders, delivering packages, processing credit card payments, marketing, and providing analytics assistance. From time to time, we may also share Personal Data or non-personally identifiable information with third parties that we have engaged to perform certain services in connection with the operation of certain aspects of the Site, including to customize, deliver, measure, analyze, improve, and support our services, content, advertising and layout, your interaction with those aspects, and to deliver more relevant messages and advertisements to you. These Third-Party Service providers are authorized to use Personal Data only as needed to perform their functions on our behalf and are required to maintain the security of your Personal Data
We may also change our ownership or corporate organization while providing the Site. As a result, we may transfer your information to another company that is affiliated with us, with which we have merged, or which has acquired all or some of our assets.
We may provide information, when legally obliged to do so and in response to properly made requests, for the purpose of the prevention and detection of crime, and the apprehension or prosecution of offenders. We may also provide information for the purpose of safeguarding national security.
European Data and Transfers Outside of the European Economic Area
The Site is published in the United States and is governed by United States law. If you are located within the European Union, you should be aware that your Personal Data will be collected in the United States. With respect to information you provide to us in the course of you making a purchase, the collection is necessary because our servers and data centers are located in the United States and without collecting your Personal Data we are not able to process your payment and perform our obligation to provide you the services or goods you have purchased from us. With respect to other types of data we collect which are not related to a purchase, we rely on, among other things, your explicit consent to collect the data.
Please be informed that, although we are committed to protecting and respecting your data protection and privacy rights and we have implemented technical and organizational measures to ensure your Personal Data is protected, your Personal Data will be transferred to other jurisdictions in the absence of any adequacy decision issued by the European Commission or similar appropriate measure. You should know that each jurisdiction can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own jurisdiction. Also, we may transmit your data from the United States to other countries or jurisdictions in connection with storage and processing of data, fulfilling your requests, and operating the Site. You acknowledge these risks and consent to our transmitting your Personal Data.
How Long Do We Keep Your Personal Data?
The period for which we retain Personal Data varies according to the use of that information. In some cases, there are legal requirements to keep certain data for a minimum period of time. Unless specific legal requirements dictate otherwise, we will retain Personal Data no longer than is necessary for the purposes for which the Personal Data were collected and processed (as described above).
European Citizen Privacy Rights
Your rights regarding the Personal Data we hold on you depend on the applicable laws in your country.If you are a European citizen, you have the right to request that we:
- provide you with information regarding whether we process your data, including details relating to such processing
- correct any inaccurate data we might have about your without undue delay
- complete any incomplete information that we might have about you
- under certain circumstances, erase your personal data without undue delay
- under certain circumstances, be restricted from processing your data
- under certain circumstances, furnish you with the personal data which you provided us within a structured, commonly used and machine readable format
Where we process your Personal Data solely on the basis of your consent, European citizens have the right to withdraw consent to our processing Personal Data at any time. This will not affect the lawfulness of our processing before the withdrawal. European citizens also have the right to lodge a complaint with your data protection supervisory authority.
The exercise of the above rights might be subject to certain conditions and we might require further information from you before we can respond to your request.
California Privacy Rights
California Law permits our customers who are California residents to request certain information regarding our disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to [email protected]
Exercising Your Rights, Managing Information, and Opting Out
You may update or change information related to your account by updating your profile, accessible via the home page once you are logged in, or by sending us an e-mail at [email protected] You may always opt-out of receiving future commercial e-mail messages from us or request that your information be removed from the Site by e-mailing us at the address provided above. Please be aware that if you opt-out of receiving commercial e-mail from us, it may take up to twenty (20) business days for us to process your opt-out request, and you may receive commercial e-mail from us during that period. Additionally, even after you opt-out from receiving commercial messages from us, you may continue to receive administrative messages from us regarding our Site.
You can exercise any of your rights by making a request to us at the contact information provided in the “Contact” section. For California residents, please consult the “California privacy rights” section above for your rights and additional considerations. For European citizens, please consult the “European citizen privacy rights” section above for your rights and additional considerations.
When you place orders or access your account information, including anywhere on the Site where we request credit card information, we offer the use of a secure server. Personal Data collected on the Site is stored in secure operating environments. Secure Sockets Layer (SSL) software encrypts all information you input before it is sent to us. While we try our best to safeguard your information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
Choice of Law
Mightier Pen Marketing, LLC
ATTN: GearBeyond Website Privacy Notice
P.O. Box 13538, Mesa, AZ 85216
Phone: (800) 404-6977
E-mail: [email protected]
Our Right to Contact You
Our Right to Change
Anti Spam Policy / Can-Spam Act Compliance
GearBeyond.net is dedicated to ensuring compliance with the ‘Can-Spam Act’, which took effect January 1, 2004. You may receive email from GearBeyond.net in the following circumstances:
- Acknowledging your application has been received and requesting additional action
- Requests for additional information to support your current application
- Response to your inquiries regarding the status of your transactional requests
- Thanking you for your valued business
- Advertisements for our products, services, changes in services, new product availability
- Advertisements for third party products and services where we have determined that such product or service may be of interest to our customers
To ensure compliance with the Can-Spam Act, GearBeyond.net has implemented the following guidelines for email delivery:
All emails sent to you by GearBeyond.net will clearly identify GearBeyond.net as the sender. FROM / SENDER: [email protected] (NOTE: The actual sender will vary, but all from addresses will end with @GearBeyond.net).
The Subject Line of any email you receive will always accurately describe the subject matter of the email.
Any email from GearBeyond.net will include the ability to unsubscribe from future email messages.
Unsubscribing will ensure the customer is removed from ALL lists at GearBeyond.net; this excludes customer service emails regarding the processing and status of a current product.
All emails sent to you directly by GearBeyond.net include valid postal address information in the footer.
All third party marketing partners are required to comply with the Can-Spam Act.
Emails sent to you directly by GearBeyond.net will include an email address and physical address where you can send suggestions, complaints or other correspondence.
Information for ISPs
Web site: GearBeyond.net
Email Address: [email protected]
GearBeyond.net understands consumers’ concerns over the use of their personal information. We hope this information will relieve any concerns your company may have regarding our email policies. GearBeyond.net and its affiliated sites use only an “opt-in or opt out” method of obtaining customer information, and it is not our policy or desire to send unsolicited email. We obtain email addresses and personal information from third parties that follow the same set of policies.
GearBeyond.net email messages sent always include information about the origin of the emails and instructions on how recipients can unsubscribe from receiving future email messages.
From time to time, GearBeyond.net will enter into an arrangement with a third party website to allow individuals to opt into our marketing program on those third party websites. In each case the third party websites have represented and warranted to us that, among other things:
The data was collected voluntarily from individuals on website registrations and co-registrations
The sellers have a right, under any applicable privacy statements, to transfer the data to us, and
that GearBeyond.net has the right to send marketing offers to the individuals.
We hope this information satisfies any questions or concerns you may have regarding the email practices of GearBeyond.net. If you have additional questions or wish to discuss this matter further, please contact us at: [email protected]