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Privacy Policy

Last Updated: August 5, 2021

Global Uprising, PBC, a Delaware benefit corporation d/b/a Cotopaxi, including its affiliates or related entities (“Cotopaxi”, “we”, “us”, or “our”), is committed to protecting the privacy of Personal Information and data we process as a data controller in the normal course of our business and sale of our Products. This Privacy Notice (“Privacy Notice”) applies to your interaction with Cotopaxi and explains what Personal Information we process, how we process it, and for what purposes.

Please read this Privacy Notice carefully before using our Website or purchasing our Products. 

About Cotopaxi’s business and Products

Cotopaxi is a certified B corporation that lives by a simple creed: Do Good. We live this creed, in part, by supplying high-end, performance outdoor gear, products, and apparel (collectively, our “Products”) online and through our retail locations. When you visit our Website or conduct business transactions directly with Cotopaxi to purchase our Products, we are the controller of Personal Information we collect, and we will use or process it in accordance with this Privacy Notice.

  1. Information we collect and how we collect the information

The information we collect depends how you interact with us. We collect information about you when you visit or register to use our website (https://www.cotopaxi.com/) or our Questival iOS and Android app (collectively, the “Website”), conduct business transactions and purchase Products from Cotopaxi, or when the information is shared with us by our service providers or other third parties.

  • Information collected when using the Website. We may collect the following “Personal Information” about you when you use our Website:
  • Identifiers: Your name, login credentials if you register an account on the Website, birth date, graduation year, gender, Internet Protocol (IP) address, and contact information (including phone number, email address, work address, or home address).
  • Commercial Information: Financial information, purchase and order history, submissions, and payment card information, including credit or debit card information, that you voluntarily provide through the Website.
  • Characteristics and Descriptions. Content such as messages, comments, photos, videos, social media type posts, and other information or feedback submitted through the Website (if any).
  • Internet or other Network Activity. Information about the device you use to access the Services, including operating system, web browser type, traffic logs, mobile network information, any referring web page you were visiting before you connected to the Website, and other information about your use of the Website, including traffic data and logs, navigation patterns, searches, page views, date and time you use the Website, and duration of use.
  • Device Data. Information about the language or country configuration of the device you use to access the Website. 

In general, we collect this information directly from you, or automatically from you, when you use the Website.

  • Information collected when you conduct business transactions with Cotopaxi. We may collect the following Personal Information about you when you conduct business transactions with Cotopaxi, including to purchase our Products: Identifiers and Commercial Information (including payment card information, if you voluntarily provide it to us). In general, we collect this information directly from you to sell and deliver our Products. 
  • Information collected from our service providers. We may collect the following Personal Information about you when our service providers or other third parties (including our marketing partners or affiliates) lawfully share the Personal Information with us: Identifiers and Commercial Information. In general, if we receive your Personal Information from our service providers or other third parties, we process your Personal Information as a data processor on behalf of such service providers and third parties or as a joint controller. In that context, we only process the Personal Information as instructed by such parties, according to transparent responsibilities defined between Cotopaxi and those third parties, and in accordance with this Privacy Notice.

You are not required to provide Personal Information to Cotopaxi. However, if you do not provide us with Personal Information, you may not be able to use certain features of the Website (including account registration) or engage in online business transactions with us to purchase Products. We may also collect non-identifying or aggregated information in the form of marketing surveys, survey responses, demographic information, and information about your use of the Products and Websites. Your participation in any surveys we conduct is voluntary.

We generally do not collect information that is considered sensitive under data protection laws, such as a social security number (or other government issued identification number) or health information. If we receive sensitive information from you, we may delete it. We ask that you not disclose sensitive information to us or otherwise transmit sensitive information through the Website. Please notify Cotopaxi, at the contact information disclosed below, if you believe any of your sensitive information has been transmitted or disclosed to us.

 

  1. Purposes for which Cotopaxi may use your information

We collect, use, or process your Personal Information and non-personal information to pursue our legitimate interests, perform contractual obligations with you, and market and sale our Products, including to: 

  • Operate, maintain, and provide features of the Website, including advertising and marketing, our account registration process, and online checkout features.
  • Perform our contractual obligations. You may enter into certain contractual arrangements with us to purchase our Products. As such, we may use your Personal Information to carry out our obligations and enforce our rights arising from any such contractual arrangements.
  • Process orders for Products through your account and facilitate delivery to you.
  • Contact users and customers. We may use your information to respond to your questions and comments or to provide customer support.
  • Conduct surveys for our own marketing purposes. We may conduct surveys to improve and understand how our clients engage with the Website and our Products.
  • Seek voluntary feedback from you.
  • Comply with legal obligations and prevent illegal activity, fraud, or abuse.
  • Use the information as otherwise described to you in our agreements, online submission forms, Terms of Use, or other contractual arrangements.

 

  1. How and with whom we share your information 

We may use aggregate information that does not identify you, such as survey responses and other statistical information for any purpose. We may share your Personal Information for commercial purposes with others, such as our subsidiaries or affiliates, contractors, service providers (including third party marketing partners), and other third parties we use to support our Products and supporting services and who are bound by contractual obligations to keep your Personal Information secure and to use it only for the purposes for which we disclose it to them.

We may also share Personal Information if we believe in good faith that doing so is required by subpoena, court order, law, or is otherwise required to exercise or defend legal rights, take precautions against liability, protect the rights, property, or safety of any individual, protect the integrity of the Website and our Products, protect Cotopaxi or others from fraudulent or unlawful activity, or defend Cotopaxi against third party claims. In these scenarios, we will notify you of the disclosure, unless prohibited from doing so under applicable law, subpoena, or order.

In the event of a merger, reorganization, or other sale of some or all of Cotopaxi’s assets, Personal Information may be considered one of the assets transferred to the new owner or acquiring party. In that context, we may share Personal Information with the new owner, potential owners, and the advisers related to the transaction or change of control of Cotopaxi.

 

  1. Storage of Personal Information and cross-border data transfers

To support our Products and business, Cotopaxi may collect, store, and process your Personal Information on our premises, data platforms, and private cloud storage solutions in the United States or with those affiliates and third parties with whom we share your Personal Information as described in this Privacy Notice. The transfer or disclosure of your Personal Information to our U.S. systems or such third parties, including in the United States, is necessary for the implementation of pre-contractual measures taken at your request when purchasing Products, for fulfillment of Product sales to you, and to enable Cotopaxi and our service providers to give essential support to the Website and our Products.

To ensure the protection of Personal Information we transfer or disclose to overseas recipients, we take necessary and appropriate steps to protect the security and privacy of your Personal Information in accordance with applicable law (including implementation of Standard Contractual Clauses approved by the European Commission, as updated from time to time, and appropriate data transfer and processing agreements).

 

  1. Your Rights and choices concerning your Personal Information 
You may contact us to exercise certain rights concerning your Personal Information, including the right to:
  • Erase or delete your Personal Information.
  • Access your Personal Information.
  • Restrict the processing of your Personal Information.
  • Correct, update, or rectify your Personal Information.
  • Receive a copy of your Personal Information (data portability).
  • Object to the processing of your Personal Information.
  • Withdraw consent to the processing of your Personal Information, if we relied on your consent to collect and process your Personal Information.

Further, if we process your Personal Information based on a legitimate interest, you have the right to object to this processing. If you wish to exercise your right of objection, you need only notify us in writing using the contact information that appears below

  • You may also have the right to: (i) request that we disclose the categories and specific pieces of Personal Information we have collected and disclosed about you; (ii) know whether we have shared your Personal Information; (iii) request information about Cotopaxi’s disclosure of Personal Information to third parties and our service providers, including for their direct marketing purposes; and (iv) opt-out of Cotopaxi sharing your Personal Information with third parties and our service providers. You also have the right to lodge a complaint with a supervisory authority. Depending on where you are located, some of these rights may not apply or may be subject to limitations. For example, we may limit the number of requests you make or charge reasonable fees as legally permitted. You will not face discrimination for exercising your rights with respect to your Personal Information.

You or your authorized agent may contact us (at the contact information below) to exercise these rights set out in sections 5.1 and 5.2 above. Your request must provide sufficient information that allows us to reasonably verify you are the person about whom the request is made and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

If you wish to opt-out of certain features of the Website (including your registered account) or opt-out of receiving email communications from us about new Products, features, or other services, please contact us at the information set out below and we will provide opt-out instructions.

 

  1. Data retention period

We retain Personal Information for a reasonable period to fulfill the purposes for which we collected it (as outlined in this Privacy Notice), including to defend our rights under Product sales and contracts with you. If we no longer reasonably need Personal Information for such purposes, we will, at our election and in accordance with applicable data protection laws, delete it from our records, anonymize the Personal Information, or archive the Personal Information in a manner consistent with industry standards for protection and retention of Personal Information, unless applicable law or legal considerations necessitate a longer retention period.

 

  1. Security measures 

We use technical and organizational measures, such as a secure server and encryption technologies, to protect Personal Information against loss, misuse, and unauthorized access, use, or alteration. We review our security measures regularly and consider new measures as appropriate. However, we cannot guarantee the complete security of these measures, so please exercise caution when submitting Personal Information online.

 

  1. Cookies and tracking technology

Cookies are small text files which are placed on your computer or device when you visit a website or mobile application. Pixels, clear gifs, and other tracking technologies operate similarly. The term “cookies” in this Privacy Notice refers to all files that collect information in this manner. 

Cookies retain information about activity on a website and provide that information to the website owner. We use essential cookies to manage performance and optimize our technology to ensure the Website, including account features, operates as designed. When you visit the Website, we may place session and persistent cookies to facilitate your use of the Website by recognizing you when you return or delivering content according to your account preferences. Information we collect via cookies may be linked to your Personal Information we have previously collected. You can disable cookies on your device at any time by adjusting your browser or mobile application preferences or settings. If you do so, you may be unable to access certain parts of the Website. You can also delete cookies at any time through your browser or mobile application settings.

Certain web browsers may allow you to enable a “do not track” option that sends signals to the websites you visit indicating that you do not want your online activities tracked. This is different than blocking cookies as browsers with the “do not track” option selected may still accept cookies. We currently do not honor “do not track” signals. If we do so in the future, we will update this Privacy Notice accordingly.

 

  1. Children’s privacy

Our Website is not intended for children under 13 years of age. If you are under the age of 13, please do not provide any Personal Information to Cotopaxi through the Website or register an account on the Website. We do not knowingly collect Personal Information from children under the age of 13, and if you believe we might have any information from or about a child under 13, please contact us at the information set out below.

 

  1. Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our Website. These third-party sites have separate and independent privacy policies and notices. We therefore have no responsibility or liability for the content and activities of these linked sites, and we invite you to directly review the policies and privacy practices on those sites. Nonetheless, we seek to protect the integrity of our Website and welcome any feedback from you about these sites.

 

  1. Updates to our Privacy Notice

We may update or change this Privacy Notice from time to time based on changes in law or internal review of our policies and procedures. When we perform an update, we will amend the “last updated” date above and notify you if such changes affect your rights or our obligations under this Privacy Notice.

 

  1. How you can contact us

If you have questions, comments, or complaints about this Privacy Notice or our practices under applicable data protection and privacy laws, you may contact us at the contact information below. We will respond as soon as possible, but no later than the period required by applicable law.

Global Uprising, PBC (Cotopaxi)

Attention: COO & Data Protection Officer

74 Main St

Salt Lake City, UT 84101

Email: compliance@cotopaxi.com

Phone: 1 (844)-268-6729