This is Privacy Policy ("Privacy Policy") describes how Send It Climbing LLC, a California limited liability company ("Company""we""our" or "us") collects and uses your information through a variety of digital means. Your access or use of the website www.myclimb.com, our mobile application or other Company products or services on any computer, mobile phone, tablet, console or other device (collectively, the "Services"), is governed by our Privacy Policy. We may modify this Privacy Policy at any time effective upon its posting. Your continued use of our products and services constitutes your acceptance to this Privacy Policy and any updates. This Privacy Policy is incorporated into, and is subject to our Terms of Use at https://www.myclimb.com/terms.

This Privacy Policy applies to information we collect through the Services, in e-mail, text and other electronic messages between you and the Services.

It does not apply to information collected by us offline or through any other means, including on any other website operated by Company or any third party; or any third party, including through any application or content (including advertising) that may link to or be accessible from the Services.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using the Services, you agree to this Privacy Policy. This policy may change from time to time (see Changes to our Privacy Policy). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

The Services are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information through the Services or on or through any of its features or register on the Services, use any of the interactive or public comment features of the Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at contact@myclimbapp.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the Services, including information by which you may be personally identified, such as name, e-mail address, or any other identifier by which you may be contacted online or offline ("personal information"); that is about you but individually does not identify you, such as birth date and age, gender, climb information, location, photo avatar, Facebook ID, Twitter ID; and/or about your internet connection, the equipment you use to access our Services and usage details. 

We collect this information directly from you when you provide it to us; automatically as you navigate through the site (information collected automatically may include usage details, IP addresses and information collected through cookies and other tracking technologies; and from third parties, for example, our business partners and support services.

Information You Provide to Us.

The information we collect on or through our Services includes information that you provide by filling in forms on our Services (including information provided at the time of registering to use our Services, subscribing to our service, posting material or requesting further services, including marketing materials to be sent to you). We may also ask you for information, including without limitation, your phone number and postal address, when you report a problem with our Services); records and copies of your correspondence (including e-mail addresses), if you contact us; such as age, gender, photo avatar, Facebook ID, Twitter ID.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Services, or transmitted to other users of the Services or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Services, we use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including: details of your visits to our Services, including traffic data, location data, logs and other communication data and the resources that you access and use on the Services; and information about your computer and internet connection, including your IP address, operating system and browser type.

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Services and to deliver a better and more personalized service, pursuant to our legitimate interests, by enabling us to estimate our audience size and usage patterns. It also allows us to provide the requested Services to you by allowing us to store information about your preferences, allowing us to customize our Services according to your individual interests; speed up your searches; and recognize you when you return to our Services.

The technologies we use for this automatic data collection may include:

Third-party Use of Cookies and Other Tracking Technologies.

Some content or applications, including advertisements, on the Services are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

In addition, we occasionally offer particular features or promotions on or through our Services, such as competitions or sweepstakes, that may require the use of information, including personal information, to administer the feature. Should your information need to be used for that purpose, we will first obtain your consent before using it.

We use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences for the legitimate purpose of providing the Services as inexpensively as possible for our users. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We disclose personal information that we collect or you provide as described in this Privacy Policy:

Retention

If you decide to end your account with us, we will no longer collect information about your location or communications with us. However, we will retain Personal Information about you that was collected prior to terminating your account in case you wish to reactivate your account in the future. You may specifically request that we delete your account and all personal information associated with that account by contacting us at the email address provided at the end of this policy.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website (http://www.networkadvertising.org/choices).

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Services and visiting your account profile page.

You may also send us an e-mail at contact@myclimbapp.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Services users. Proper access and use of information provided on the Services, including User Contributions, is governed by our terms of use https://www.myclimb.com/terms

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://www.myclimb.com/california-consumer-privacy-act.

California Civil Code Section § 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to contact@myclimbapp.com.

International Users

Our digital operations are conducted, in whole or in part, in the United States. Regardless of where you live, you consent to have your personal data transferred, processed and stored in the United States, and allow us to use and collect your personal information in accordance with this Privacy Policy.

Rights of European Union Residents

If you reside in the European Union, you have certain rights under the EU General Data Protection Regulation in regards to your personal information. These rights include:

A right to access the categories of personal data we have about you. This privacy policy is meant to effectuate that right.

You may request that we correct any inaccuracies in our records. Where our processing of your personal data is meant to address our legitimate interest, you may request that we not use your personal data for that purpose.

You may request that we provide you a copy of the personal information that you have provided to us. To obtain a copy of your personal information, you may use the "Download My Data" feature in the terms and conditions section in the Services.

You may delete your personal information by accessing the "Settings" menu in your account. If you delete your personal information, your user account and all personal information associated with that account will be deleted, except for any information that we are required by law to maintain. If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Services users.

You have the right to lodge a complaint with an appropriate supervisory authority.

If you wish to exercise these rights, please email us at the contact information provided at the end of the policy.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on secure servers behind firewalls and will be encrypted while in transit using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by e-mail to the e-mail address specified in your account or through a notice on the Services home page. If we identify additional purposes for using personal information, we will seek your consent before using it for those purposes. The date the Privacy Policy was last revised is identified at the top of this page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Services and this Privacy Policy to check for any changes.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

Send It Climbing LLC

Attn.: Copyright Agent

P.O. Box 988

Boulder, CO 80306

contact@myclimbapp.com

 

EFFECTIVE: August 25, 2021

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of Send It Climbing, LLC, a California limited liability company and its subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws.  Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that 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”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category Examples Collected
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. Yes
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance 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). Yes
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, 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. Yes
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. Yes
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:

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

Use of Personal Information

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

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: Identifiers.

Category B: California Customer Records Personal Information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category E: Biometric information.

Category F: Internet or other similar network activity.

Category G: Physical location or movements.

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

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:

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 service providers to:

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  1. Go to our website www.myclimb.com
  2. Scroll to the footer of the website
  3. Use the contact form to email us your deletion request at contact@myclimbapp.com

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.

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

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 the personal information relates to you.  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.

Response Timing and Format

We endeavor to respond to a 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 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 the verifiable consumer request's receipt.  The response we provide 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 without hindrance.

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 tell you why we made that decision 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:

Financial Incentive

The CCPA allows us to provide financial incentives for collecting, selling, or deleting your Personal Information.   

Changes to Our Privacy Notice

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

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, 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:

Email: CCPA@myclimbapp.com

Postal Address: PO Box 988, Boulder, Colorado 988

Attn: Bill Brooks