Tracksmith Privacy Policy

Last Updated: 11/09/21

Introduction

Tracksmith Corporation (“Tracksmith”, “we”, “us”, “our”) is committed to protecting and respecting your privacy. We are a corporation established in Delaware, United States of America and for the purposes of the General Data Protection Regulations (the “GDPR”), we are the data controller. 

Tracksmith collects important information from and about you in an effort to enhance and personalize your shopping experience. This information allows us to communicate with our customers about our products, services and marketing. This privacy policy (the “Privacy Policy”) sets out the basis on which we will process any personal data or other information we collect about you or that you provide to us (1) in connection with your use of our website (www.tracksmith.com, or the “Site”), or (2) when you interact with us “offline,” like at our pop-up events. This Privacy Policy does not cover our collection of employee data, business information, or other forms of collection.

Phrases such as “you,” “your” and other similar expressions refer to our customers, or the specific users of this Site. Please read this Privacy Policy carefully so that you understand your rights in relation to your information and how we will collect, use and process your information. By visiting and using the Site, you accept the practices described in this Privacy Policy. If you do not agree with this Privacy Policy or any part of it, you should not access the Site or otherwise provide your information to us.

The Information We Collect

Information you give to us

When you interact with us, you may choose to provide certain information including:
 

- When you contact us. When you submit an inquiry through the Site or otherwise contact us, we may receive your basic contact information, such as your name, email address, and phone number. We will also receive any other information you choose to include in your message.
- When you place an order or initiate a return: when you place an order or initiate a return, we will collect your name, shipping and billing address, payment information, and any other details necessary to complete your order or fulfill your return.
- When you register for an account, membership, or event: to register you for an account, Hare A.C. membership, or Tracksmith event, we may collect your name, email address, gender, password and other account credentials, payment information, and other details necessary to complete your registration.
- When you sign up for our mailing list or other alerts: in order to add you to our alerts or mailing lists, we may collect your name and email address.
- When you participate in one of our events or clubs, or otherwise interact with us offline: if you interact with us “offline” – for example, by attending one of our run clubs or pop-ups – we may collect any additional information you provide to us during these functions, including any photos of you or your run times.

In addition, we maintain a record of your purchase history, product interests, and whatever other membership details that might enable us to improve your shopping experience.

Information we collect automatically

When you visit our Site, we will automatically collect certain information sent to us by your computer, mobile phone or other access device. This information includes your IP address, location, device information including identifier, name and operating system, mobile network information and standard web information such as your browser type and the pages you access on our Site.

We use third parties to improve our ability to identify visitors to our website. As part of this service, we may make available identifiers to these third parties including our visitors’ IP addresses, cookies, and hashed versions of email addresses captured from your visit. We, and third parties, use this data to obtain more information about our visitors and reach out to them through other channels, such as email and/or direct mail. You have the right to opt-out of this activity. To opt-out, please follow the instructions available here.

Information we receive from third parties

Depending on whether or not you choose to connect with us on other platforms, we may also receive information from third parties, such as:

 - Through our social media platforms. If you join one of our social media platforms, such as our Strava club, we may receive information you choose to share with us through those platforms (e.g. run distance and other statistics, profile information, event RSVPs, etc.).

Why We Use Your Information

We process your information in order to perform our contract with you, such as to:
 

- provide you with our products, services, content, and functionality;
- communicate with you about your purchase or customer service inquiries;
- process and fulfill your order, including sending you any necessary e-mails related to your order such as order and shipping confirmation;
- register and maintain your account or membership with us; and
- administer and provide services and customer support per your request.

We obtain your consent to process your information for the following reasons:
 

- sign you up for our newsletters or alerts;
- verify our registered customers;
- personalize our services for you; and
- if you opted into marketing, to communicate with you about products, services, marketing, promotions, events and other news and information we think will be of interest to you.

In order to be responsive to you and maintain our business relationship, as a matter of our legitimate interests, we will use your information to:
 

- to send you announcements in relation to security, privacy or administrative related communications (these communications are not marketing orientated, and we do not rely on consent, so you may not opt out);
- enforce our Site’s terms and conditions;
- personalize our Site to ensure content from the Site is presented in the most effective manner for you and your device;
- administer the Site, and for internal operations, in order to conduct troubleshooting, data analysis, testing, research, statistical and survey analysis;
- maintain the safety and security of our users, Site, and business;
- build and maintain the Tracksmith community; and
- comply with legal obligations.

Any other processing may be done in order to comply with local law and regulation.

Cookies and Tracking Technologies

Cookies

We use cookies to collect information about your browsing activities over time and across different websites following your use of our Site including which pages of our Site you visited. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the Sites. Cookies allow us to recognize and count the number of users and how many users move around our Site.

You can find more information about cookies and how to manage them at www.allaboutcookies.org. For more information about cookies, please refer to our Cookies Policy.

You have the option to accept or disable cookies at any time through your browser settings. Certain functions may require the use of cookies, so if you choose to disable your cookies, your user experience may be limited.

Analytics

We use Google Analytics, a web analytics tool that helps us understand how users engage with our Site and allows us to understand traffic patterns to help us improve the design of our Site, the products we make and the services we offer. Like many services, Google Analytics uses first-party cookies to track user interactions, as in our case, where they are used to collect information about how users use our Site. This information is used to compile reports and to help us improve our Site. Our reports disclose website trends without identifying individual visitors

You can opt out of Google Analytics without affecting how you visit our Site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.

At Tracksmith, we understand and recognize that we must maintain and use customer information responsibly.

Do Not Track Signals

Your browser settings may also allow you to transmit a “Do Not Track” signal when you visit various websites. Our Site is not configured to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you can visit http://www.allaboutdnt.com/.

How We Share Your Information

We do not use or share your personal information to others except as described in this Privacy Policy. We share your information with selected recipients with your consent, as necessary, or as otherwise required or permitted by law. Specifically, we will share your personal information:

 With service providers for business purposes. Tracksmith may share the following categories of information with our service providers and vendors for one or more business purposes:

 - Personal identifiers, such as your name, contact information, clothing size, or gender;
 - Internet or other network activity information, such as your IP address, general location, browser and/or device type, and other identifiers;
 - Commercial information, such as purchase history;
 - Financial information, including your credit card details and other payment information;

The service providers receiving this information assist us with many different functions and tasks, such as:

 - Processing and fulfilling orders and returns;
 - Providing customer service and customer relationship management services;
 - Providing data storage and disaster recovery services;
 - Processing payments;
 - Communicating with you;
 - Facilitating our events and partnerships;
 - Promoting our products and services;
 - Securing the Site and preventing fraud;
 - Providing us with analytics and helping us better optimize our business;
 - Verifying user identity and maintaining accounts; and
 - Ensuring the quality of our products and services.

The service providers we use only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain  service providers, such as payment gateways and other payment transaction processors have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. You should read the privacy policies of these service providers so you can understand how they will process the payment-related information that we share with them.

With third parties for their own uses. We may share some of your information, including information about your Tracksmith transactions, with third party marketing partners who assist with our direct mailing campaigns. These third party marketing partners give us data to help us better market our products and services, but may also use your information to facilitate other business’ marketing campaigns.

In certain circumstances or as otherwise necessary, we may also share your information:

 - With our affiliates. We may share your information with affiliates within our corporate family.
 - With our partner businesses or organizations. When we partner with third party organizations to offer a promotion or host an event, we may share your information with the business or other entities with whom we have partnered.
 - With professional advisors. As necessary, we may share your information with professional advisors functioning as service providers, such as lawyers, bankers, auditors, and consultants.
 - For legal reasons and to protect our Site and business. We may share your information in response to a legal obligation, or if we have determined that it is necessary to share your personal information to comply with applicable law, respond to legal process, enforce any applicable terms, cooperate with law enforcement agencies, protect our interests or those of our users, or exercise or defend legal claims.
 - In connection with a sale or merger. We may share your personal information while negotiating or in relation to a change of corporate control such as a restructuring, merger, or sale of our assets.
 - If you would like to opt-out of your personal data being shared with third parties, please use this form to submit a request or email support@tracksmith.com.

Where We Store Your Information

Tracksmith is headquartered in the United States of America, and as such, your information will be transferred to, and stored at/processed in the United States. Your information may also be processed by staff operating outside the EEA who work for us or for one of our service providers or partners. We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this Privacy Policy. 

Retention of Your Information

We will only retain your your data for as long as we need it for the purposes for which it was received:

If you stop using our Site, we will store your information in an aggregated and anonymized format.

Your Rights

European Union

If you are located in the European Economic Area (“EEA”), you have certain rights in relation to your personal data. Some of these only apply in certain circumstances. We will respond to requests to exercise those rights without undue delay and at least within one month (though this may be extended by a further two months in certain circumstances). To exercise any of your rights, please email us at support@tracksmith.com.

 - Access: You have the right to access personal data we hold about you, how we use it, and who we share it with.
 - Portability: You have the right to receive a copy of the personal data we hold about you and to request that we transfer it to a third party, with certain exceptions.
 - Correction: You have the right to correct any of your personal data we hold that is inaccurate.
 - Erasure: In certain circumstance, you have the right to delete the personal data we hold about you.
 - Restriction of processing to storage only:  You have the right to require us to stop processing the personal data we hold about you other than for storage purposes in certain circumstances.
 - Objection: You have the right to object to our processing of your personal data.
 - Objection to marketing: You can object to marketing at any time by opting out at the bottom of our emails to you or in your preferences center.
 - Withdrawal of consent: Where we rely on consent to process your personal data, you have the right to withdraw this consent at any time by emailing us at support@tracksmith.com.

To exercise any of these rights, you can contact support@tracksmith.com.

Please note that these rights are in many cases limited by law. For example, where fulfilling your request would adversely affect other individuals or Tracksmith trade secrets or intellectual property, where there are overriding public interest reasons or where we are required by law to retain your personal data. 

Your Rights

NON-European Union Regions

The sections outlined below apply to all residents outside of the European Union. If you are a California resident, you have certain rights in relation to your personal information under the California Consumer Privacy Act (“CCPA”). To exercise these rights see the “Exercising Your California Privacy Rights” section. 

Right to Know. You have the right to know and see what data we have collected about you over the past 12 months, including:

 - The specific pieces of personal information we have collected about you;
 - The categories of personal information we have collected about you;
 - The categories of sources from which the personal information is collected;
 - The business or commercial purpose for collecting your personal information;
 - The categories of third parties with whom we have shared your personal information; and

Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

 - Complete your transaction;
 - Make other internal and lawful uses of the information that are compatible with the context in which you provided it;
 - Comply with a legal obligation; orEngage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
 - California residents only: Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
 - Protect the free speech rights of you or other users;Fix our system in the case of a bug;
 - Protect your security and prosecute those responsible for breaching it;
 - Perform a contract between us and you;
 - Provide you a good or service;

Opt-out of Sale. You have the right to opt-out of the “sale” of your personal information to third parties.

Other Rights. You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.

Exercising Your Privacy Rights including CCPA request. To request access to or deletion of your personal information, or to exercise any other data rights under California law, please contact us using one of the following methods:

 - Webform: You may submit your request via our webform.
 - Toll-Free Number: You may call us at 1-844-464-2786 and submit your request via phone.
 - Email: You may email us at support@tracksmith.com to exercise your rights. Please include your full name, along with why you are writing, so that we can process your request in an efficient manner.

Response Timing and Format. We may require certain information from you in order to verify your identity and respond to your request. We aim to respond to requests for access or deletion within 45 days of receipt. If we require more time, we will inform you of the reason and extension period in writing.

Age Requirement

Tracksmith.com is intended for users who are 18 years of age and older. If you are under the age of 18, you are not permitted to submit any personal information to us without written consent of your parent/guardian. Parental consent can be sent to support@tracksmith.com.

Security

Although we do our best to protect your information, we cannot guarantee the security of your information transmitted through the Site or over email; any transmission is at your own risk. Once we have received your information, we take appropriate technical and organizational measures, reasonable precautions and follow industry best practices to safeguard your information against loss, theft and unauthorized use, access or modification. These safeguards help us to prevent fraud and unauthorized access and maintain data accuracy. We also take reasonable precautions to limit access to your personal information within our internal systems.

Social Features

Certain features of the Site permit you to initiate interactions between the Site and third-party services or platforms, such as social networks (“Social Features”). Social Features include features that allow you to click and access Tracksmith’s pages on certain third-party platforms, such as Facebook, and from there to “like” or “share” our content on those platforms. Use of Social Features may entail a third party’s collection and/or use of your information. If you use Social Features or similar third-party services, information you post or otherwise make accessible may be publicly displayed by the third-party service you are using. Both Tracksmith and the third party may have access to information about you and your use of both the Site and the third-party service.

Third Party Links

Our Site may contain links to other online platforms operated by third parties. We do not control such other online platforms and are not responsible for their content, their privacy policies, or their use of your information. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms (such as Facebook or Twitter) may also be viewable by other users of the Site and/or users of those third-party online platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators except as disclosed on the Site. We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of personal information by third parties. Any information submitted by you directly to these third parties is subject to that third party’s privacy policy.

Modification of Policies

We change our Privacy Policy from time to time. Updates to our Privacy Policy will apply only to information collected after the date of the change. We will note on our Site when our Privacy Policy has been updated. Please check the Site regularly for notices of changes to our Privacy Policy.

Contact

We welcome your questions, comments, and concerns about privacy. Please send us any feedback pertaining to privacy, or any other issue at support@tracksmith.com or

Tracksmith
285 Newbury Street
Boston MA 02118  

Complaints

If you have complaints about how we process your personal data, please contact us at support@tracksmith.com and we will respond to your request as soon as possible.

If you are a resident of the EEA and you think we have infringed data protection laws, you can file a claim with data protection supervisory authority in the EU country in which you live or work.