Privacy Policy for California Residents

PRIVACY POLICY FOR CALIFORNIA RESIDENTS

Last updated December 24, 2019

This PRIVACY POLICY FOR CALIFORNIA RESIDENTS (“Policy”) supplements the information contained in the general [Sports Warehouse Inc.] (“Company,” “us” or “we”) Privacy Policy and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopted this Policy in compliance with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. This Policy describes the personal information we collect from visitors to and users of our website (“Site”) and the related products, content, activities, features and services available on or through the Site (the “Services”), and how we collect, use, and share that personal informational. Any capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the CCPA.

Information We Collect

This Policy applies to information we collect on the Site; in email, text and other electronic messages between you and the Site; through mobile and desktop applications you download from the Site; and when you interact with our advertising and applications on third party websites and services, if those applications or advertisements include links to this Policy. It does not apply to information collected by Company offline or through any other means, including on any other website operated by Company or any third party, nor does it apply to any third party application or content (including advertising) that may link to or be accessible from or on the Site or Services. The chart below applies to personal information we have collected in the past twelve (12) months that directly identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”) and does not include information that has been de-identified or classified as aggregated consumer information:

Category	Description	Example(s)	Collected (Yes or No)
A	Identifiers	Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name.	Yes
B	Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	Name, address, telephone number, credit card number, debit card number, or any other financial information. Some personal information included in this category may overlap with other categories.	Yes
C	Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	No
D	Commercial information.	Records of products or services purchased, obtained, or other purchasing or consuming histories or tendencies.	Yes
E	Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	No
F	Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Yes
G	Geolocation data.	Physical location or movements.	No
H	Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	No
I	Professional or employment-related information.	Current or past job history or performance evaluations.	No
J	Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	No
K	Inferences drawn from other personal information	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	No

Personal information does not include:

Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the CCPA’s scope, such as: (i) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA); and (ii) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following sources:

Directly from our clients or their agents (for example, from documents that our clients provide to us related to the products purchased);
Indirectly from our clients or their agents (for example, through information we collect from our customers in the course of providing products to them); and
Directly and indirectly from activity on the Site (for example, from submissions through our Site portal or Site usage details collected automatically).

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order to purchase a product, we will use that information to process the request or order and to ensure delivery.
To provide you with information, products or services that you request from us.
To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news that may be of interest to you.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for payments or returns.
To improve the Site and present its contents to you.
For testing, research, analysis and product and service development.
As necessary or appropriate to protect the rights, property or safety of the Company, our clients or others.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your 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 us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: None.
Category B: None.
Category C: None.
Category D: None.
Category E: None.
Category F: None.
Category G: None.
Category H: None.
Category I: None.
Category J: None.
Category K: None.
Category L: None.

We disclose your personal information for a business purpose to the following categories of third parties:

Our affiliates;
Service providers; and
Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

For more information on the use and disclosure of personal information, please consult our general Privacy Policy.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal information we collected about you;
The categories of sources for the personal information we collected about you;
Our business or commercial purpose for collecting or selling that personal information;
The categories of third parties with whom we share that personal information;
The specific pieces of personal information we collected about you (also called a data portability request); and
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing: (i) sales, identifying the personal information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our third-party partners to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities
Debug products to identify and repair errors that impair existing intended functionality
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.)
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 you previously provided informed consent
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation; or
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Rights to Opt Out of Sale of Your Personal Information

Although the Company does not sell our customers’ personal information, California privacy laws require us to provide California residents with the option to opt out of current or future sales of your information. This information includes, but is not limited to name, postal or email address, and other personally identifying information. You need not be physically present in California to exercise this right so long as you have a current California residence.

This right is subject to certain exemptions. For example, the law does not apply to information that has been aggregated and/or de-identified such that it could not reasonably be used to identify you. It also does not apply to information that we share with third-party service providers in order for them to perform certain business functions for us.

Exercising Access, Data Portability, Deletion and Opt Out Rights

If you would like to exercise any of your rights provided by the CCPA, such as the right to access or delete your personal information, or to opt out of the sale or future sale of your personal information you or your authorized agent or representative may contact us via either or both of the following methods:

Calling us at (888) 424-1882
Email us at: privacy@warehousesports.com

As with the right to opt out, the other rights provided by the CCPA are subject to certain exemptions and exceptions, as specified in the applicable federal statutes and/or associated regulations issued by California’s Office of the Attorney General. Those statues and/or regulations may also stipulate the maximum time allowed for acknowledging and responding to a request. There is no charge for making privacy-related requests.

Verifying a Request

Please note that only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. In order to better safeguard your privacy and the privacy of others, we may be required to verify your identity before processing certain data-related requests.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information for us to reasonably verify that you are the person about whom we collected personal information or that person’s authorized representative; and
Describe your request with sufficient detail for us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Additionally, in some cases, we may be unable to fulfill your request because we have no way to verify your identity to the standard the law or applicable regulations require. For example (but without limitation), if you have visited the Site, but never left a comment, submitted a Contact Form, completed a financial transaction with us, or interacted with us via email or other means, we probably do not have enough information to confirm your identity to even a “reasonable degree of certainty” (as the applicable regulations may define that term). Please note that making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Please be aware that, in addition to any other exemptions applicable law and/or regulations may provide to your rights under the CCPA, specifically with regard to the deletion of your personal information, we may be unable to delete certain information due to regulatory requirements or for other technical reasons (e.g., information may be stored by our web host’s server and error logs).

Response Timing and Format

We will work to respond to any verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to the contact information associated with that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable consumer request. Our response will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity with relative ease.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will communicate the reasons and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Policy

We reserve the right to amend this Policy at our discretion and at any time. When we make changes to this Policy, we will notify you by email or through a notice on the Site homepage.

Contact Information

If you have any questions or comments about this Policy, our general Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: (888)424-1882
Email: privacy@warehousesports.com
Postal Address:
Sports Warehouse Inc.
Attn: Privacy Team
181 Suburban RD
San Luis Obispo, CA 93401