PRIVACY NOTICE

Last Revised: Last Revised: May 16, 2023

1. Introduction

   This Privacy Notice describes how we collect, use, share, and protect the personal information you share with us via the following Websites https://www.cascadedesigns.com; https://www.platy.com; https://www.msrgear.com; https://www.packtowl.com; https://www.seallinegear.com; https://www.thermarest.com; and any successor or additional websites that we may specify from time to time (individually hereinafter referred to as "Website" and collectively as "Websites"); or when you otherwise contact us and what rights and options you may have related to the same.

2. Privacy Notice Changes

   We may modify this Privacy Notice from time to time to comply with our legal requirements and to account for changes to our services and/or Websites. The Last Revised date on the top left of the Privacy Notice will identify the date it was last updated.

3. Purpose for Processing

   In order to meet our contractual obligations under the Agreement with you, we have a legitimate business interest and legal basis to collect, process and share your personal information as set forth herein.

4. Personal Information and Categories of Personal Information That We May Collect

   Personal information is generally considered to be information that identifies, relates to, describes, is capable of being associated with, or could reasonably be directly or indirectly linked to an individual and/or household. Depending on your jurisdiction, personal information may be called “personal data”; therefore, for purposes of this Privacy Notice personal data shall be considered personal information and have the meaning established by applicable law. We may collect the following categories of personal information from you (in the last 12 months):

   1. Personal Identifiers/Contact Information. Information such as name, postal address, e-mail address, company name, and telephone number.
   2. Device attributes. Information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names, device IDs, and other unique device identifiers.
   3. Network Information. Information about the network used when you access and use the applicable Website.
   4. Financial Information. Credit card number, debit card number, and other financial information.
   5. Visual, Audio, Olfactory, Electronic, or Similar Data. User Content that may include audio, visual, and other sensory information, such as audio and video recordings, and facial photographs and images, that you shared through our Websites.

5. Sources of Personal Information

   Sources of personal information are as follows:

   1. When You contact us or use our Websites. We receive your personal information when you contact us, create a personal Account with us through any of our Websites (“Account”), share User Content, or acquire Products.
   2. Network Data. We also collect your IP address when you access and use our Websites. We may use your IP address in order to authenticate a user and/or to prevent fraudulent activity.
   3. Device Information. We collect information from and about the computers, mobile devices, and other web-connected devices that you use in connection with our Websites.
   4. Social Media Platforms. If you access our Websites through a Facebook, Instagram, Twitter, or other similar service (“Social Media Platform”), we may have access to the profile information associated with your Social Media Platform account. We may also be able to access information contained in cookies placed on the device used to access and use the applicable Social Media Platform. “Cookies” are text-only pieces of information that a website transfers to an individual’s hard drive or other website-browsing equipment for record-keeping purposes. Cookies allow our Websites to remember important information that will make your use of the same more convenient.

6. How Do We Use Your Personal Information?

   We use personal information as follows:

   1. To make our Websites available to you and to provide you with customer support and to respond to your inquiries.
   2. To create, develop, operate, deliver, and improve our Websites.
   3. To protect our Websites and to enforce our rights under the Agreement (specifically for anti-fraud purposes and to prevent illegal or unauthorized activity).
   4. To verify your identity and/or to authenticate an individual.
   5. For internal purposes such as auditing, data analysis, and research.
   6. To generate aggregated data which is created after removing personal information that identifies you. We may combine that information with information we collect from other users to improve the quality and value of our Website.
   7. To keep you informed about our Products, to promote our Products and to provide you with other news that you may find interesting.

7. How Do We Share Your Personal Information?

   1. Service Providers. We share your personal information with vendors who assist us with: (i) making our Websites available to you, (ii) providing you with customer support; (iii) fulfilling your Product orders; and (iv) fulfilling your requests (“Service Providers”). Service Providers are only permitted to use your personal information in a manner consistent with this Privacy Notice.
   2. Affiliates. We may share some or all of your personal information with one or more Cascade-affiliated corporate entities that are directly related to your business relationship with us.
   3. Legal Compliance. We cooperate with government and law enforcement officials and private parties to enforce and comply with applicable law. We may disclose your personal information to government or law enforcement officials or private parties in response to lawful requests when we believe disclosure or sharing is necessary to comply with any legal obligation, enforce the Agreement, respond to claims and legal process, protect our property and rights or a third party, protect the safety of the public or any person, or prevent or stop any illegal, unethical, or legally actionable activity.
   4. Legitimate Business Purposes. We may also disclose your personal information as necessary to support our legitimate business interests as reasonably determined by us.

8. California Consumer Privacy Act Disclosures

   Consumers residing in California are afforded certain additional rights with respect to their personal information under the California Consumer Privacy Act and the California Privacy Rights Act (collectively “CCPA”). If you are a California resident, this section applies to you.

   1. Purposes for Collecting Personal Information.

      We collect personal information for the following purposes:

      1. Perform the services you request, including maintaining or servicing your Account, to providing customer service, processing or fulfilling orders and transactions, verifying customer information, or processing payments;
      2. Provide advertisements or marketing materials, or special offers on our behalf or on behalf of our marketing partners;
      3. Maintain or administer your Account, perform business analyses or data analytics, or for other internal purposes to improve the quality of the Products or services we offer;
      4. Detect, investigate, and protect against malicious, deceptive, fraudulent, or illegal activity, and to protect the rights and property of Cascade and others; and
      5. Debug to identify and repair errors that impair existing intended functionality.
   2. Categories of Personal Information and Categories of Third Party Personal Information (Collected and Disclosed).

      We may have collected the following categories of personal information from you within the last twelve (12) months:

      CATEGORY	EXAMPLES	COLLECTED YES/NO
      Identifiers	Name, alias, postal address, online identifier, IP address, email address, account name, driver's license.	Yes
      Categories of person information described in the California Civ. Code Section 1798.80 (e)	Name, signature, social security number, address, telephone number, education, employment, employment history, credit card number, financial information, passport number, medical information or driver's license. Please note: some personal information included in this category may overlap with other categories.	Yes
      Characteristics of protection classifications	Age, race, color, ancestry, national origin, creed, religion, marital status, gender identity, medical conditions, veteran or military status	No
      Commercial information	Records of products or services purchased or other purchasing or consumer tendencies.	Yes
      Biometric Information	Genetic, physiological, biological characteristics, or patterns such as fingerprints, faceprints, voiceprints, or other physical characteristics.	No
      Internet/network information	Browsing history, information regarding interaction with internet website applications.	Yes
      Geolocation data	Precise physical location or movements.	No
      Sensory data	Audio, visual, olfactory, or similar information.	No
      Employment related information	Information about your current or past employer.	Yes
      Sensitive Personal Information	Information that reveals driver's license, passport number, consumer account login, financial account, debit/credit card number in combination with a required security or access code/password allowing access to an Account; and consumer's geolocation.	Yes

9. CCPA Rights

   Subject to verification of your identity and other information that we may need to honor your request, all California consumers have the following rights:

   1. Right to Notice. You have the right to know what categories of personal information are being collected and for what purpose.
   2. Right of Erasure. You have the right to request deletion of your personal information that you provided us.
   3. Right to Opt-Out. You have the right to opt-out of the sharing, disclosure and/or sale of your personal information. Please click on the following link to learn how you can exercise your rights: Do not Sell or Share My Personal Information.
   4. Right to Know With Whom We Sell or Disclose Your Personal Information. You have the right to know with whom we share, sell and/or disclosure your personal information.
   5. Right Against Consumer Discrimination. You have the right to not be discriminated against as a consumer by: (i) denial of services; (ii) paying more for services; and/or (iii) receiving lesser quality of services.
   6. Right to Access. You have the right to request access to or copies of the personal information that you provided us.
   7. Right to correct. You have the right to correct your personal information that you provided us. We will respond to your request within the period of time required by applicable law.
   8. Right to Restrict or Limit the use of Sensitive personal information. You have the right to restrict the use and disclosure of sensitive information to certain purposes related to the offering of goods and services as set forth in the CCPA. To exercise this right please click the following link: Limit the Use of My Sensitive Personal Information.

   Please contact us at the link to exercise your rights: https://support.cascadedesigns.com/s/

   PLEASE NOTE: ALL REQUESTS ARE SUBJECT TO VERIFICATION OF YOUR IDENTITY. WE WILL RESPOND TO REQUESTS WITHIN THE TIME PERIOD REQUIRED BY APPLICABLE LAW.

10. Additional California Privacy Disclosures

    1. California Shine the Light Act. Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of the information disclosure provided by us pursuant to Section 1798.83 of the California Civil Code, contact our customer support team at: https://support.cascadedesigns.com/s/. Please note that under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any request that is not sent to the designated e-mail or mailing address.
    2. California Do Not Track Disclosure. Do Not Track is a privacy preference that some users may set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not recognize or respond to Do Not Track browser settings or signals and we will still receive information. As a result, we may still collect information about you and your internet activity, even if you have turned on the Do Not Track signal.

       It is possible that some or all of our third-party advertising partners or members of their affiliate network may participate in consumer opt-out programs. To learn more about internet-based advertising and consumer opt-out programs go to http://aboutads.info/choices or http://www.networkadvertising.org/choices.

    3. California Residents Under Age 18. If you are a resident of California under the age of 18 and a registered user of any of our Websites, you may ask us to remove User Content or data that you have posted to a Website by contacting our customer support center through the following link: https://support.cascadedesigns.com/s/. Please note that your request does not ensure complete or comprehensive removal of the User Content or data, as, for example, some of your content or data may have been reposted by another user.
    4. Financial Incentives for California Consumers. We may offer various types of financial incentives in exchange for your personal information, such as coupons, discounts, promotions, loyalty points, sweepstakes, contests, surveys, and other exclusive offers for California consumers who sign up to receive our marketing emails or join our loyalty program. The amount and terms of such offers will be presented to you at the time of the offer. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your email address) and commercial information (like your purchase history). Solely for purposes of California privacy law, we reasonably estimate the value of the discount, coupon, or other financial incentive that we offer to you to be equal to or greater than the value we receive from a consumer's personal information collected in connection with the offer. We reasonably estimate the value of a consumer's data by estimating the expenses related to the provision of each incentive program per consumer. We incur a variety of expenses for providing financial incentives, such as administrative and technical expenses associated with maintaining a loyalty program and costs associated with discounts on purchases. Participation in our financial incentives is voluntary. You may opt into a financial incentive by following the sign-up or participation instructions provided, and you have the ability to opt out by unsubscribing from our emails or closing your Account.

11. Other U.S. State Consumer Privacy Law Disclosures

    Depending on your state of residency, you may have the following additional rights:

    1. Right to Opt-Out. Right to opt-out of the sale, sharing, disclosure of personal information; as well as targeted advertising, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer.
    2. Right to Access. The right to access the personal information you have provided us.
    3. Right to Correction. The right to correct your personal information.
    4. Right to Deletion. You have the right to request that we delete your personal information.
    5. Portability. The right to request the transfer of your personal information.
    6. Right to Know. You have the right to know what categories of information we collect and with whom we may share the same.
    7. Right to Confirm. You may have the right to confirm what personal information has been collected, how such is being used and/or with whom such information is shared with and the purposes for disclosure.
    8. Appeal. You may have the right to appeal our decision on your data subject requests. If you appeal a decision, please enclose a copy of or otherwise specifically reference our decision on your data subject request, so that we may adequately address your appeal. We will respond to your appeal in accordance with applicable law.
    9. Non-Discrimination. We will not discriminate against you for exercising your data subject rights. For example, we will not deny goods or services to you, or charge you different prices or rates, or provide a different level of quality for products or services as a result of you exercising your data subject rights.

    To exercise your rights please contact us at the following link: https://support.cascadedesigns.com/s/

    PLEASE NOTE: ALL REQUESTS ARE SUBJECT TO VERIFICATION OF YOUR IDENTITY. WE WILL RESPOND TO REQUESTS WITHIN THE TIME PERIOD REQUIRED BY APPLICABLE LAW.

12. International Users

    1. Overview. We are located in Seattle, Washington, U.S.A. Please note that our Websites are directed towards users who reside in the United States. International customers are not able purchase Products from our Websites and are required to use an International Distributor that we have designated to service your country. Please visit the following link for a current list of International Distributors: https://www.cascadedesigns.com/faq?cat=international-distributors&folderId=cd-service
    2. International Transfers. Personal data you provide directly to us is processed in the United States. Data protection laws in the United States are likely different from those of your home country. When you submit your personal data to us, you acknowledge that your personal data will be processed in the United States of America in accordance with this Privacy Notice. If we transfer personal data from the European Economic Area, Switzerland, or the United Kingdom or as part of an onward transfer to one of our Service Providers, we will transfer the personal data to parties that provide appropriate safeguards for your personal data using an approved and valid personal data transfer mechanism, such as the European Union's Standard Contractual Clauses or the United Kingdom's International Data Transfer Agreement.
    3. Data subject rights. Pursuant to the applicable data protection legislation, you have the following data subject rights:
       1. the right to access the personal data that we maintain about you;
       2. the right to require us to correct your personal data;
       3. the right to the erasure of your personal data;
       4. the right to request that we stop processing your personal data;
       5. the right to not provide or to withdraw your consent at any time;
       6. the right to suspend the processing of your personal data;
       7. the right to transfer your personal data to yourself or to a third party; and
       8. the right to not be subject to decisions based solely on automated decision making.

       To exercise your rights please contact us at the following link: https://support.cascadedesigns.com/s/

13. Cookies and Behavioral Advertising

    1. Cookies. We and our Service Providers may use Cookies or other tracking technologies, such as pixel tags and web beacons. These are used in order to store content information and preferences, analyze trends, and administer and maintain our Website. We may receive reports based on the use of these technologies from these companies on an individual or aggregated basis. We may use Cookies to remember user settings for authentication. You can control the use of Cookies at the individual browser level. If you reject Cookies, you may still access and use our Website, but your ability to use some features may be fundamentally diminished. These technologies help us better understand user behavior. We treat information collected by Cookies and other technologies as non-personal information. However, to the extent that IP addresses or similar identifiers are considered personal information by local law, we accordingly treat these identifiers as personal information.
    2. Behavioral Advertising. We may participate in third-party behavioral advertising. This means that a third party may use technology to collect information about your use of any of our Websites so that other parties can provide advertising about products and services tailored to your interests. If you do not want third parties to collect and use your information in this manner you may opt-out at the Digital Advertising Alliance in the United States, the Digital Advertising Alliance of Canada in Canada, or the European Digital Advertising Alliance in Europe.

14. Information Security and Confidentiality

    No method of transmission over the Internet or method of electronic storage is 100% secure. Although we comply with our legal obligations with respect to the security of personal information, we cannot guarantee its absolute security. We use (and require our Service Providers to maintain) generally accepted standards of organizational, administrative, physical, procedural, and technological measures designed to protect your personal information from improper loss or misuse, and unauthorized access, disclosure, alteration, and/or destruction during processing.

15. Contacting Us

    Please contact our Customer Support Center via the following link: https://support.cascadedesigns.com/s/