California Privacy Policy

 

´╗┐ADDENDUM TO JACKRABBIT ONLINE PRIVACY POLICY

PRIVACY NOTICE TO CALIFORNIA RESIDENTS

CALIFORNIA CONSUMER PRIVACY ACT EFFECTIVE JANUARY 1ST, 2020 ("Effective Date")

This Privacy Notice for California Residents supplements the information contained in the privacy policy of JackRabbit and the JackRabbit brand of operating companies including Olympia Sports, Clever Training and Surf Outfitter (collectively referred to as "JackRabbit" or "JackRabbit Brand of Operating Companies") located at https://www.jackrabbit.com/info/privacy-policy/. Any terms referenced herein shall have the same meaning as those same terms defined in the California Consumer Privacy Act ("CCPA"). The purpose of this Privacy Notice is to provide California residents with a comprehensive description of JackRabbit's online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights of California Residents regarding their personal information. This Privacy Notice shall be reviewed and shall be updated annually from its Effective Date by JackRabbit in accordance with the requirements of CCPA.

1. California Resident Personal Information JackRabbit Brand of Operating Companies Collects:

JackRabbit Brand of Operating Companies collects the below referenced categories of personal information from California Residents. Additionally, JackRabbit Brand of Operating Companies collected the same below referenced categories of personal information from California Residents within the last twelve (12) months prior to the current annual effective date of this Privacy Notice:

a. Identifiers. Examples include the following: Name, address, telephone number, personal identifier, email address, account name;

b. Commercial Information. Examples include information regarding California Residents' interaction with the JackRabbit Brand of Operating Companies website(s) and the commercial services selected by California Residents from the Jackrabbit brand of operating companies;

C. Geolocation Data. Examples include IP address;

D. Sensory Data: Examples may include audio recordings when California Residents call JackRabbit Brand of Operating Companies to check on the status of their orders;

E. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e). Examples include financial payment information such as credit or debit card;

F. Biometric information. Examples. physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, to create a profile reflecting the California Resident's consumer preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

G. Internet or other similar network activity. Examples. Browsing history, search history, information on a California Resident's consumer interaction with a website, application, or advertisement etc..

 

 

Personal information does not include any of the above referenced information if such personal information is (i) publicly available information from federal, state, or local government records or (ii) de-identified and aggregated personal information. Additionally, CCPA does not apply to any personal information received by JackRabbit which is already covered or otherwise protected by state specific or federal statute such as the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the California Confidentiality of Medical Information Act (CMIA), the Fair Credit Reporting Act (FRCA) etc.. In addition, rights of California Residents under the CCPA is further limited and/or restricted by JackRabbit's efforts to comply with federal, state, or local law; a civil, criminal, or regulatory investigation; a subpoena or summons; cooperation with law enforcement agencies or exercising/defending legal claims.

 

 

II. Sources of California Resident Personal Information Collected by the JackRabbit Brand of Operating Companies

JackRabbit Brand of Operating Companies obtains the categories of personal information listed above in this Privacy Notice from the following categories of sources:

  • Directly from California Residents or their authorized agents. For example, you or someone you authorize on your behalf may use our website to purchase products from us.
  • Directly and indirectly from activity on JackRabbit Brand of Operating Companies website(s). For example, from your submissions through our website portal or website usage details collected automatically through cookies.
  • From third-party service providers which JackRabbit Brand of Operating Companies contracts with to customize and enhance your user experience. For example, we may advertise our products on third party social media and communication services which measure data analytics of consumers interested in our products.

 

 

III. Use of California Resident Personal Information Collected from JackRabbit Brand of Operating Companies

JackRabbit Brand of Operating Companies may use or disclose the personal information it collects for one or more of the following business purposes:

  • To fulfill or meet the reason for which the information is provided. For example, you may provide JackRabbit Brand of Operating Companies with personal information such as name, telephone number and email address in order for you to purchase our products;
  • To provide you with information, products or services that you request from JackRabbit Brand of Operating Companies;
  • To create an account for personalized shopping and expedited checkout;
  • To provide more relevant and personalized ads and user experiences for California Resident consumers;
  • To provide you with email alerts, event registrations and other notices concerning JackRabbit Brand of Operating Companies products or services, or events or news, that may be of interest;
  • To enter into and perform JackRabbit Brand of Operating Companies obligations and enforce JackRabbit Brand of Operating Companies rights arising from the business relationship between JackRabbit Brand of Operating Companies and you and/or the business relationship/contracts/engagements between JackRabbit Brand of Operating Companies and its third party service providers and/or product manufacturers;
  • To improve JackRabbit Brand of Operating Companies website(s) and present its contents to you;
  • For testing, research, analysis and product development;
  • As necessary or appropriate to protect the rights, property or safety of you and JackRabbit Brand of Operating Companies and/or its third party service providers and/or product manufacturers;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • As described to California Residents when collecting their personal information or as otherwise set forth in the CCPA;
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by JackRabbit Brand of Operating Companies is among the assets transferred, provided that California Resident personal information is used or shared consistently with its original purpose; and
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve JackRabbit Brand of Operating Companies responses.

JackRabbit Brand of Operating Companies will not collect additional categories of personal information or use the personal information it collected for materially different, unrelated, or incompatible purposes without providing notice to California Residents.

 

 

IV. Sharing California Resident Personal Information Collected by JackRabbit Brand of Operating Companies

JackRabbit Brand of Operating Companies discloses California Resident personal information to third parties for a business or commercial purpose. Prior to disclosing personal information to any third party, JackRabbit Brand of Operating Companies enters into a contract with the third party which requires the third party to certify that it will keep personal information confidential and not further use, collect or sell California Resident personal information for any business or commercial purpose except as necessary to perform the contract between JackRabbit Brand of Operating Companies and the third party, as well as requires the third party to institute reasonable security measures to protect the security of California Resident personal information.

In the preceding twelve (12) months prior to the current annual effective date of this Privacy Notice, JackRabbit Brand of Operating Companies has disclosed the following categories of personal information for a business or commercial purpose to third parties: (i) Identifiers, (ii) Commercial Information; (iii) Geolocation Data; (iv) Sensory Data, (v) Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e) provided that consumer financial information is only shared for security or fraud-prevention purposes, (vi) Biometric information; and (vii) Internet or other similar network activity. JackRabbit Brand of Operating Companies discloses personal information for a business or commercial purpose to the following categories of: JackRabbit Brand of Operating Companies third parties: service providers and product manufacturers. JackRabbit Brand of Operating Companies only shares consumer name and address with product manufacturers in instances where the product is ordered through JackRabbit but shipped directly from the product manufacturers e.g. special orders.

 

 

V. Sale of California Resident Personal Information by JackRabbit Brand of Operating Companies

JackRabbit Brand of Operating Companies does not sell and will not sell California Resident personal information. Any future sale of California Resident personal information will require an amendment to this Privacy Notice informing California Residents of their rights prior to any sale of their personal information by JackRabbit Brand of Operating Companies. In the preceding twelve (12) months prior to the current annual effective date of this Privacy Notice, JackRabbit Brand of Operating Companies has not sold any California Resident personal information.

 

 

VI. California Resident Specific Rights under CCPA with respect to Personal Information Collected or Shared by JackRabbit Brand of Operating Companies

A. California Resident Right to Request. A California Resident has the right to request that JackRabbit Brand of Operating Companies disclose certain information about its collection and use of their personal information over the previous twelve (12) months from the date of a California Resident's verifiable request. Upon receipt and confirmation by JackRabbit Brand of Operating Companies of a verifiable request from a California Resident, JackRabbit Brand of Operating Companies may disclose to the California Resident or its authorized agent who has requested access, subject to certain exceptions or restrictions where the request or response thereto may conflict with federal or state law, the following information:

 

  • The categories of California Resident personal information JackRabbit Brand of Operating Companies sells or discloses for a business purpose;
  • The categories of California Resident personal information JackRabbit Brand of Operating Companies collects;
  • The categories of sources for California Resident personal information JackRabbit Brand of Operating Companies collects;
  • JackRabbit Brand of Operating Companies business or commercial purpose for collecting or selling California Resident personal information;
  • The categories of third parties with whom JackRabbit Brand of Operating Companies sold or disclosed for a business purpose California Resident personal information; and
  • The specific pieces of personal information JackRabbit Brand of Operating Companies collected about the California Resident requesting the information.

 

B. California Resident Right to Request Deletion of its Personal Information. A California Resident has the right to request that JackRabbit Brand of Operating Companies delete any personal information that it collected from such California Resident and/or retained, subject to certain exceptions or restrictions where the request or response thereto may conflict with federal or state law, within the twelve (12) month period preceding the California Resident's verifiable request. Once JackRabbit Brand of Operating Companies receives and confirms a California Resident's verifiable consumer request, JackRabbit Brand of Operating Companies will delete (and direct any authorized third party with whom JackRabbit Brand of Operating Companies shared such California Resident's personal information as provided for under this Privacy Notice) such California Resident's personal information from its physical and electronic records, unless an exception applies or it conflicts with federal and/or state law.

JackRabbit Brand of Operating Companies may deny a California Resident's deletion request if retaining the personal information is necessary to:

 

1. Complete the transaction for which JackRabbit Brand of Operating Companies collected the personal information, provide a good or service that California Resident requested, take actions reasonably anticipated within the context of JackRabbit Brand of Operating Companies

ongoing business relationship with California Resident or otherwise perform our business relationship/ engagement with California Resident;

2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;

3. Debug products to identify and repair errors that impair existing intended functionality;

4. Exercise free speech, ensure the right of another to exercise their free speech rights, or exercise another right provided for by law;

5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);

6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if California Resident previously provided informed consent;

7. Enable solely internal uses that are reasonably aligned with California Resident expectations based on California Resident business relationship/engagement with JackRabbit Brand of Operating Companies;

8. Comply with a legal obligation; and

9. Make other internal and lawful uses of California Resident personal information that are compatible with the context in which California Resident provided it.

 

 

C. California Resident Verifiable Request. JackRabbit Brand of Operating Companies may deny a California Resident an access or deletion request to the personal information collected, disclosed and/or sold by JackRabbit Brand of Operating Companies if JackRabbit Brand of Operating Companies is unable to verify the identity of the California Resident making the request.

 

JackRabbit Brand of Operating Companies will verify the California Resident's identity by either matching the identifying information provided by the California Resident to the personal information of the California Resident already maintained by JackRabbit Brand of Operating Companies, or use a third-party identity verification service that complies with the requirements of CCPA. In the event JackRabbit Brand of Operating Companies cannot verify the identity of the California Resident from the information already maintained by JackRabbit Brand of Operating Companies, JackRabbit Brand of Operating Companies may request additional information from the California Resident which shall only be used for the purposes of verifying the identity of the California Resident seeking to exercise his/her rights under the CCPA, and for security or fraud-prevention purposes. To the extent possible JackRabbit Brand of Operating Companies will avoid collecting the types of personal information identified in CCPA Civil Code section 1798.81.5(d), unless necessary for the purpose of verifying the California Resident. Reasonable security measures to protect California Resident personal information will be employed by JackRabbit Brand of Operating Companies in collecting, administering and responding to all verifiable requests from California Residents.

 

Only a California Resident or its agent, defined as a person registered with the California Secretary of State that a California Resident authorizes to act on its behalf, may make a verifiable request. Verifiable requests from California Residents or their agents shall be submitted to JackRabbit Brand of Operating Companies by either:

  • Calling JackRabbit Brand of Operating Companies at the following toll-free telephone number: (877) 246-7952; or
  • Visiting JackRabbit Brand of Operating Companies website at https://www.jackrabbit.com/info/privacy-policy/ and submitting a verifiable request to access and/or delete your personal information to: inforequest@jackrabbit.com.

A verifiable request only applies to personal information concerning California Residents which is maintained by JackRabbit Brand of Operating Companies within the 12-month period preceding a California Resident's verifiable request. The verifiable request must: (i) Provide sufficient information that allows JackRabbit Brand of Operating Companies to reasonably verify California Resident is the person about whom JackRabbit Brand of Operating Companies collected personal information, or an authorized agent; and (ii) Describe the request with sufficient detail that allows JackRabbit Brand of Operating Companies to properly understand, evaluate, and respond to it. JackRabbit Brand of Operating Companies cannot respond to a California Resident's verifiable request or provide California Resident or authorized agent with personal information if JackRabbit Brand of Operating Companies cannot verify the California Resident's identity or authority to make the request and confirm the personal information relates to California Resident. JackRabbit Brand of Operating Companies will only use personal information provided in a verifiable request to verify the California Resident's identity or authority to make the request. California Resident is not required to create an account with JackRabbit Brand of Operating Companies as a condition of making a verifiable request.

 

 

D. JackRabbit Brand of Operating Companies' Response to California Residents Verifiable Requests

JackRabbit Brand of Operating Companies endeavors to respond to a California Resident's verifiable request within forty-five (45) days of receipt. JackRabbit Brand of Operating Companies will acknowledge receipt of a California Resident's request within ten (10) calendar days and provide information concerning how the request will be processed by JackRabbit Brand of Operating Companies and when the California Resident should expect a response, except in instances where JackRabbit Brand of Operating Companies has already granted or denied the request. If JackRabbit Brand of Operating Companies requires additional time (an additional forty-five (45) days up to ninety (90) days total), JackRabbit Brand of Operating Companies will inform California Resident of the reason and extension period in writing. JackRabbit Brand of Operating Companies response will also explain the reasons it cannot comply with a request, if applicable. Any part of a verifiable request from a California Resident that can be complied with will be complied with by JackRabbit Brand of Operating Companies. For example, JackRabbit Brand of Operating Companies is not required to provide a California Resident with access to specific pieces of personal information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of that personal information, the California Resident's account with the business, or the security of the JackRabbit Brand of Operating Companies business systems or networks. JackRabbit Brand of Operating Companies is prohibited under the CCPA from disclosing a California Resident's Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, or security questions and answers in response to a verifiable request for access from California residents or their authorized agents. If California Resident who submitted the verifiable request has an existing account on file with JackRabbit Brand of Operating Companies, JackRabbit Brand of Operating Companies may deliver its written response to that account. If a California Resident who submitted the verifiable request does not have an account on file, JackRabbit Brand of Operating Companies will deliver its written response via mail or electronically to the California Resident. Responses provided by JackRabbit Brand of Operating Companies to California Residents electronically shall be portable and, to the extent technically feasible, in a readily useable format.

 

JackRabbit Brand of Operating Companies does not charge a fee to process or respond to California Residents verifiable consumer request unless it is excessive, repetitive (more than twice in a twelve (12) month period for any individual California Resident), or manifestly unfounded. If JackRabbit Brand of Operating Companies determines that the request warrants a fee, JackRabbit Brand of Operating Companies will inform a California Resident why it made that decision and provide California Resident with a reasonable cost estimate before completing the request or JackRabbit Brand of Operating Companies may refuse to act on the request, and JackRabbit Brand of Operating Companies will notify the California Resident of the reason for refusing the request.

 

The JackRabbit Brand of Operating Companies will update this Notice Policy to provide metrics associated with its response to CA Resident verifiable requests, as well as the number of access and deletion verifiable requests made by California Residents on an annual basis.

 

 

VII. Non-Discrimination

JackRabbit Brand of Operating Companies will not discriminate against California Residents for exercising any of their CCPA rights. Unless permitted by the CCPA, JackRabbit Brand of Operating Companies will not:

  • Deny goods or services;
  • Charge different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide a different level or quality of goods or services; or
  • Suggest receipt of a different price or rate for goods or services or a different level or quality of goods or services.

However, JackRabbit Brand of Operating Companies may offer California Residents certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive JackRabbit Brand of Operating Companies may offer in the future will reasonably relate to the personal information’s value and contain written terms that describe the financial incentive program’s material aspects. Participation in a financial incentive program requires California Resident prior opt in consent, which may be revoked at any time.

 

 

VIII. Privacy Notice Amendments

JackRabbit Brand of Operating Companies reserves the right to amend this Privacy Notice at its discretion and at any time. JackRabbit Brand of Operating Companies will notify California Residents through a notice on its website homepage.

 

 

VIV. California Residents Age 16 or Under

JackRabbit Brand of Operating Companies does not sell nor will it sell the personal information of any California Resident who is age 16 or under. Any future sale of personal information of California Residents age 16 or under will require an amendment to this Privacy Notice informing them of their rights prior to any sale of their personal information by JackRabbit Brand of Operating Companies.

 

 

X. Contact Information

For questions or comments about this Privacy Notice, the ways in which JackRabbit Brand of Operating Companies collects and uses the information described, California Residents' choices and rights regarding such use or wish to exercise rights afforded to them under California law, and alternate formats of this Privacy Notice available to California Residents with disabilities who may not be able to access this Privacy Notice, please do not hesitate to contact us as follows:

  • Visiting JackRabbit Brand of Operating Companies website at https://www.jackrabbit.com/info/privacy-policy/ and sending us an electronic message at service@jackrabbit.com.