Privacy Policy

Privacy Policy


Big Agnes Privacy Policy:

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are, how and why we collect, store, use, and share your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.


We collect, use and are responsible for certain personal information about you. When we do so we are subject to various laws in the United States and the General Data Protection Regulation which applies across the European Union (including in the United Kingdom), and we are responsible as “controller” of that personal information for the purposes of those laws.


1. Key Terms.
It would be helpful to start by explaining some key terms used in this policy:

We, us, our:
Big Agnes Inc.

Contact Details:
privacy@bigagnes.com
877.554.8975

2. Personal Information We Collect About You.
We may collect and use the following personal information that identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

Categories of Personal Information

Identifiers (e.g., 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)

Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her 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.

Characteristics of protected classifications under California or federal law.

Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)

Biometric information

Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement)

Geolocation data

Audio, electronic, visual, thermal, olfactory, or similar information

Professional or employment-related information

Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA)

Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

Specific Types of Personal Information Collected

Name, Email Address, Postal Address, IP Address,
Phone Number



N/A









N/A


Order history and payment details. We do not
store full credit card numbers.


N/A

N/A




IP Address to determine shopping country

N/A

N/A

N/A



N/A

This personal information is required to provide [products AND/OR services] to you. If you do not provide personal information we ask for, it may delay or prevent us from providing [products AND/OR services] to you.

3. How Your Personal Information is Collected.
We collect most of this personal information directly from you—in person, by telephone, SMS or email [and/or via our website[and apps]]. However, we may also collect information:

• From publicly accessible sources (e.g., property records);

• Directly from a third party (e.g., sanctions screening providers, credit reporting agencies, or customer due diligence providers);

• From a third party with your consent (e.g., your bank);

• From cookies on our website; and

• Via our IT systems, including:
o Door entry systems and reception logs;
o Automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems; and
o [any other relevant systems].

4. How and Why We Use Your Personal Information.
Under data protection law, we can only use your personal information if we have a proper reason for doing so, e.g.,:

• To comply with our legal and regulatory obligations;

• For the performance of our contract with you or to take steps at your request before entering into a contract;

• For our legitimate interests or those of a third party; or

• Where you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your personal information for and our reasons for doing so:

What we use your personal information for

To provide products AND/OR services to you


To prevent and detect fraud against you or Big Agnes Inc


Conducting checks to identify our customers and verify their identity
- Screening for financial and other sanctions or embargoes
- Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. under health and safety regulation or rules issued by our professional regulator

Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies

Ensuring business policies are adhered to, e.g. policies covering security and internet use


Operational reasons, such as improving efficiency, training and quality control


Ensuring the confidentiality of commercially sensitive information



Statistical analysis to help us manage our business, e.g. in relation to [our financial performance, customer base, product range or other efficiency measures]

Preventing unauthorized access and modifications to systems




Updating [and enhancing] customer records






Statutory returns

Ensuring safe working practices, staff administration and assessments



Marketing our services [and those of selected third parties] to:
- existing and former customers;
- third parties who have previously expressed an interest in our services;
- third parties with whom we have had no previous dealings.

Credit reference checks via external credit reference agencies


External audits and quality checks, e.g. for ISO or Investors in People accreditation and the audit of our accounts

Our reasons

For the performance of our contract with you or to take steps at your request before entering into a contract

For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you

To comply with our legal and regulatory obligations





To comply with our legal and regulatory obligations


For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you

For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price

For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information
To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price

For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you
To comply with our legal and regulatory obligations

For the performance of our contract with you or to take steps at your request before entering into a contract
To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing orders and new products

To comply with our legal and regulatory obligations

To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you

For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers




For our legitimate interests or those of a third party, i.e. to ensure our customers are likely to be able to pay for our products and services

For our legitimate interests or a those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards
To comply with our legal and regulatory obligations

[The above table does not apply to special category personal information, which we will only process with your explicit consent.]

5. Promotional Communications.
We may use your personal information to send you updates (by email, SMS message, telephone or post) about our [products AND/OR services],
including exclusive offers, promotions or new [products AND/OR services].
We have a legitimate interest in processing your personal information for promotional purposes (see above “How and why we use your personal information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your personal information with the utmost respect and never [sell OR share] it with other organizations [outside the [organization's group name] group ]for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by:

• Contacting us at privacy@bigagnes.com

• Using the “unsubscribe” link in emails or “STOP” number in SMS messages; or

• Updating your marketing preferences on our preference center.

We may ask you to confirm or update your marketing preferences if you instruct us to provide further [products AND/OR services] in the future, or if there are changes in the law, regulation, or the structure of our business.

6. Who We Share Your Personal Information With.

We routinely share personal information with:

• Our affiliates, including companies within the Big Agnes Inc group;

• Service providers we use to help deliver our products and/or services to you, such as payment service providers, warehouses and delivery companies;
o Shopify Payments

• Other third parties we use to help us run our business, such as marketing agencies or website hosts;
o We use Google Analytics to better understand our website traffic. You can find information about Google Analytics here: https://policies.google.com/technologies/partner-site
o We use Rakuten Marketing to serve you relevant Big Agnes ads as you browse the Internet. You can see exactly what they collect here: https://rakutenmarketing.com/legal-notices/services-privacy-policy/#collection-of-information Our service provider participates in the Digital Advertising Alliance and you can opt-out of their services here: http://optout.aboutads.info .
o We use PowerReviews as our provider of product reviews on our website. If you place an order with us then we share your name, email address, and products ordered with them for the purpose of giving you an option to leave a product review. We do not share the prices you pay or any payment information. You can find their privacy policy here: https://www.powerreviews.com/privacy-policy
o We use the Klaviyo email marketing platform to send marketing emails to subscribers of our newsletter. We collect name and email address information for this purpose. Under no circumstances will this information be shared with any third parties. You can always remove yourself by clicking the unsubscribe link in any of our marketing emails.

• Third parties approved by you, including social media sites you choose to link your account to or third-party payment providers;
o Klarna

• Credit reporting agencies;

• Our insurers and brokers;

• Our bank[s];

We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you. We may also share personal information with external auditors, e.g. in relation to ISO[ or Investors in People] accreditation and the audit of our accounts.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
[We will not share your personal information with any other third party.]

7. Personal Information We Sold or Disclosed for a Business Purpose.
In the preceding 12 months, we have sold to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

• Identifiers (e.g., 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);

• Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her 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;

• Characteristics of protected classifications under California or federal law;

• Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);

• Biometric information;

• Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement);

• Geolocation data;

• Audio, electronic, visual, thermal, olfactory, or similar information;

• Professional or employment-related information;

• Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA); and

• Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
In the preceding 12 months, we have disclosed for a business purpose to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

• Identifiers (e.g., 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);

• Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her 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;

• Characteristics of protected classifications under California or federal law;

• Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies);

• Biometric information;

• Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement);

• Geolocation data;

• Audio, electronic, visual, thermal, olfactory, or similar information;

• Professional or employment-related information;

• Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (FERPA); and

• Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

8. Where Your Personal Information is Held.
Information may be held at our offices and those of our [group companies, ]third party agencies, service providers, representatives and agents as described above (see above: “Who We Share Your Personal Information with”).
Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring Your Personal Information Out of the EEA”.

9. How Long Your Personal Information Will Be Kept.
We will keep your personal information while you have an account with us or while we are providing [products AND/OR services] to you. Thereafter, we will keep your personal information for as long as is necessary:

• To respond to any questions, complaints or claims made by you or on your behalf;

• To show that we treated you fairly; or

• To keep records required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information.[ Further details on this are available in our [set out details of records management policy and/or schedule that gives these details].]
[When it is no longer necessary to retain your personal information, we will delete or anonymize it.]

10. Your Rights Under the CCPA.
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:

Disclosure of Personal Information We Collect About You





















Personal Information Sold or Used for a Business Purpose
Right to Deletion















Right to Deletion

































Protection Against Discrimination

You have the right to know:

• The categories of personal information we have collected about you;
• The categories of sources from which the personal information is collected;
• Our business or commercial purpose for collecting or selling personal information;
• The categories of third parties with whom we share personal information, if any; and
• The specific pieces of personal information we have collected about you.
• Please note that we are not required to:
• Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
• Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
• Provide the personal information to you more than twice in a 12-month period.

In connection with any personal information we may sell or disclose to a third party for a business purpose, you have the right to know:
The categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and
The categories of personal information that we disclosed about you for a business purpose.
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale [or disclosure] of your personal information. If you exercise your right to opt-out of the sale [or disclosure] of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt-out of the sale [or disclosure] of your personal information, please email privacy@bigagnes.com.

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
• Please note that we may not delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• 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 our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:
• Deny goods or services to you;
• Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
• Provide a different level or quality of goods or services to you; or
• Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Please note that we may charge a different price or rate or provide a different level or quality of [goods and/or services] to you, if that difference is reasonably related to the value provided to our business by your personal information.

11. Keeping Your Personal Information Secure.
We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. [We continually test our systems and are ISO 27001 certified, which means we follow top industry standards for information security.] We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

[details of any specific security which the controller wishes to mention to reassure data subjects, e.g., encryption technologies (this is purely optional)].

[If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.]

12. How to Exercise Your Rights.
If you would like to exercise any of your rights as described in this Privacy Policy, please:

• Complete a data subject request form. Questions about this policy? Fill out our contact form and choose “website usage” as the reason for contact. We’ll have an expert follow up.

• Call us, toll-free, at 877.554.8975; or

• [Email/write to] us at [privacy@bigagnes.com].

Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period.

If you choose to contact directly by website/email, you will need to provide us with:

• Enough information to identify you [(e.g., your full name, address and customer or matter reference number))];

• Proof of your identity and address (e.g., a copy of your driving license or passport and a recent utility or credit card bill); and

• A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

13. Changes to This Privacy Notice.
This privacy notice was published on 5.25.23 and last updated on 5.25.23.
We may change this privacy notice from time to time–when we do, we will inform you via [mechanism for informing the data subject of changes to the notice, e.g., our website or other means of contact such as email].

14. How to Contact Us.
Please contact u by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.
Our contact details are shown below:

Our contact details:

PO Box 773072
Steamboat Springs CO 80477

privacy@bigagnes.com

877.554.8975

15. Do You Need Extra Help?
If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).

ONLINE PRIVACY NOTICE


1. Introduction.


(a) Web Site Owner.
"Big Agnes" is the owner of this web site "Big Agnes Web Site". Big Agnes can be contacted by mail at PO Box 773072, Steamboat Springs CO 80477, by phone at 877.554.8975, or by e-mail at privacy@bigagnes.com. This online privacy notice discloses Big Agnes information practices for this Big Agnes Web Site, including what type of personal identifiable information is requested in order to make a purchase, how the information is used, and with whom the in-formation is shared. [Note that other Big Agnes web sites may be governed by privacy notices containing different information practices applicable to those sites.]


(b) [Anonymous] Web Site Visits.
In general, you can visit on the Big Agnes Web Site without [disclosing OR revealing] any personal information. Big Agnes does [does OR does not] [keep track of the domains from which people visit us. OR ABC analyzes the data gathered from Web Site visits for trends and statistics, and then ABC discards the gathered data.]


(c) Web Site Transactions.
At times, Big Agnes will need personal information regarding a customer or a prospect. For example to process an order or provide a subscription, Big Agnes may need to know a customer's name, mailing address, e-mail address and credit card details. It is Big Agnes's intent to inform you know before Big Agnes collects personal information, such as user's name and/or address on the Internet. If you tell us that you do not wish to have this information used as a basis for further contact with you, Big Agnes will respect your wishes.


(d) Third Party Certification.
Big Agnes is a member of the [name of third party certification program], an independent, nonprofit organization that promotes privacy policies of disclosure and informed consent.


2. Personal Information That May Be Collected.

(a) Identifying Information.
In order to make a purchase [to make a purchase OR to access designated subscriber services and /or restricted areas within the Big Agnes Web site], Big Agnes will request a user to provide certain personal identifying information, which may include: [legal] name, postal address, e-mail address, [screen name, password,] [daytime] telephone number, facsimile number, method of payment, and, if applicable, credit card number. Big Agnes may request additional information necessary to establish and maintain customer's account.


(b) Service Quality Monitoring.
Some Web site transactions may require a customer to telephone Big Agnes, or Big Agnes to call the customer. Big Agnes will not contact you by telephone without your prior consent, except to confirm an order placed online and/or to inform a customer of the status of such order. Customer should be aware that it is Big Agnes's practice to monitor, and in some cases record such calls for staff training or quality assurance purposes.


(c) Information from Children.
Big Agnes does not sell products or services for purchase by children, and will not collect or post information from a child under the age of [16 OR 17 OR 18] without the involvement of a parent or guardian. Big Agnes will notify the child's parent or guardian at the e-mail address provided by the prospective customer, alerting the parent or guardian to the child's use of the Web site and providing instructions as to how the parent or guardian can delete the child's registration from the Web site. [Big Agnes does not use personally identifying information collected from children for marketing or promotional purposes, and does not disclose such information to any third party for any purpose whatsoever.]


(d) Lost or Stolen Information.
If a customer's [credit card and/or password] is lost or stolen, the customer should promptly notify Big Agnes in order to enable Big Agnes to cancel the lost or stolen information and to update its records with a changed [credit card and/or password].


(e) Chat Rooms, Forums and Bulletin Boards.
If customer participates in an Big Agnes chat room, discussion forum, or posts messages to an Big Agnes bulletin board, customer should be aware that the information disclosed and shared will be broadly available to other persons, both inside of and/or outside Big Agnes, who have access to that chat room, forum or bulletin board. Some individual Big Agnes chat rooms, forums or bulletin boards have additional rules and conditions regarding participation. Also, participant's expressed opinion is his or her own and should not be considered as reflecting the opinion of Big Agnes.


(f) Links to Other Web Sites.
An Big Agnes Web site may contain links to other web sites. Big Agnes is not responsible for the privacy practices or the content of those other Web sites.


3. Uses Made of the Information.


(a) Limited Uses Identified.
Without customer's prior consent, Big Agnes will not use your personal identifiable information for any purpose other than that for which it is submitted. Big Agnes uses personal identifiable information to reply to inquiries, handle complaints, provide operational notices and in program record-keeping. Big Agnes also processes billing and business requests related to Big Agnes Web Site participation.


(b) Marketing Uses.
Unless customer opts out of Marketing communications or strictly limits cookie preferences, Big Agnes reserves the right to provide customer with information about Big Agnes's Web site, Big Agnes products and services, and related information in which customer has indicated an interest.


(c) Stored Information Uses.
Big Agnes stores [and retains] [the information provided by customer OR the information entered on the ABC Web site]. [This information is used to compile a customer's purchase history in order to enable ABC to recommend products, services, or special offers that would be of interest to a customer. OR Stored information is used by ABC {and/or ABC agents}: to support customer interaction with the ABC Web site; to deliver customer purchases; and/or to contact customer again about other ABC services and products.]


(d) Online Advertising.
Some companies that help Big Agnes deliver interactive on-line advertising, such as banner ads, may collect and use information about Big Agnes's customers to help Big Agnes better understand the types of advertising or promotions that are most appealing to Big Agnes's customers. After it is collected the information is aggregated so it is not identifiable to a specific individual. If, however, customer would prefer that these companies not collect such information, Optout of our email preferences or email privacy@bigagnes.com.
4. Disclosure of the Information.


(a) Within Corporate Organization.
Big Agnes is a multinational organization, with legal entities, business processes, management structures, and technical systems that cross borders. Big Agnes may share your personal information within the Big Agnes corporate organization, and may transfer the information to countries in the world where Big Agnes conducts business. Some countries may provide less legal protection for customer personal information. [In such countries Big Agnes will still handle customer personal information in the manner describe herein.]


(b) Mergers and Acquisitions.
Circumstances may arise where for business reasons, Big Agnes decides to sell, buy, merge or otherwise reorganize its businesses in the United States or some other country. Such a transaction may involve the disclosure of personal identifying information to prospective or actual purchasers, and/or receiving such information from sellers. It is Big Agnes's practice to seek appropriate protection for information in these types of transactions.


(c) Agents.
Big Agnes employs or engages other companies and individuals to perform business functions on behalf of Big Agnes. These persons are provided with personal identifying information required to perform their functions, but are prohibited by contract from using the information for other purposes. These persons engage in a variety of functions which include, but are not limited to, fulfilling orders, delivering packages, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer services.


(d) Affiliated Businesses.
Big Agnes works closely with affiliated businesses operating web site stores, providing services or selling products on each other's Web sites. These businesses identify themselves to customers. Customer information related to a transaction with an affiliated business is shared with that affiliated business.


(e) Marketing Analysis by Third Parties.
Big Agnes reserves the right to disclose to third parties personal information about customers for marketing analysis; however, any information disclosed will be in the form of aggregate data that does not describe or identify an individual customer.


(f) Disclosure to Governmental Authorities.
Under certain circumstances, personal information may be subject to disclosure pursuant to a judicial or other government subpoenas, warrants or orders.


5. Use of Computer Tracking Technologies.


(a) No Tracking of Personal Information.
Big Agnes's Web Site(s) are not set up to track, collect or distribute personal information not entered by visitors. Through web site access logs Big Agnes does collect clickstream data and HTTP protocol elements, which generate certain kinds of non-identifying site usage data, such as the number of hits and visits to our sites. This information is used for internal purposes by technical support staff for research and development, user analysis and business decision making, all of which provides better services to the public. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties.


(b) Use of Cookies.
Big Agnes, or its third party vendors, collects non-identifiable and personal information through the use of various technologies, including "cookies". A cookie is an alphanumeric identifier that a Web site can transfer to customer's hard drive through customer's browser. The cookie is then stored on customer's computer as an anonymous tag that identifies the customer's computer, but not the customer. Cookies may be sent by Big Agnes or its third party vendors. Customer can set its browser to notify customer before a cookie is received, giving an opportunity to decide whether to accept the cookie. Customer may also set its browser to turn off cookies; however, some Web sites may not then work properly.


(c) Use of Web Beacon Technologies.
Big Agnes may also use Web beacon or other technologies to better tailor its Web site(s) to provide better customer service. If these technologies are in use, when a visitor accesses these pages of the Web site, a non-identifiable notice of that visit is generated which may be processed by Big Agnes or by its suppliers. Web beacons usually work in conjunction with cookies. If customer does not want cookie information to be associated with customer's visits to these pages, customer can set its browser to turn off cookies; however, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.


(d) Collection of Non-Identifiable Information.
Big Agnes may collect non-identifiable information from user visits to the Big Agnes Web site(s) in order to provide better customer service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on Big Agnes Web site(s); Web site and system administration; user analysis; and business decision making. Such information is sometimes known as "clickstream data." Big Agnes or its contractors may use this data to analyze trends and statistics.


(e) Collection of Personal Information.
Big Agnes collects personal identifying information from customer during a transaction. Big Agnes may extract some personally identifying information about that transaction in a non-identifiable format and combine it with other non-identifiable information, such as clickstream data. This information is used and analyzed only at an aggregate level (not at an individual level) to help Big Agnes understand trends and patterns. This information is not reviewed at an individual level.


6. Information Security.


(a) Commitment to Online Security.
Big Agnes employs physical, electronic and managerial procedures to safeguard the security and integrity of personal information. Billing and payment data is encrypted whenever transmitted or received online. Personal information is accessible only by staff designated to handle online requests or complaints. [All Big Agnes agents and contractors with access to personal information on the Big Agnes web site(s) are also bound to adhere to ABC security standards.]


(b) No Liability for Acts of Third Parties.
Big Agnes will exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, Big Agnes shall not be liable for unauthorized disclosure of personal information due to no fault of Big Agnes including, but not limited to, errors in transmission and unauthorized acts of [ABC staff and/or third parties].


7. Privacy Policy Changes and Opt-Out Rights.


(a) Changes to Privacy Policy.
This privacy notice was last updated on [5/8/2023]. Big Agnes reserves the right to [change OR update] its privacy policy statement at any time. A [notice of such change OR notice of any material change] will be [prominently] posted on the Big Agnes Web site [home page OR on page] for [thirty (30) days]


(b) Opt-Out Right.
[Customer and/or prospective customer] has the right at any time to cease permitting personal information to be collected, used or disclosed by Big Agnes and/or by any third parties with whom Big Agnes has shared and/or transferred such personal information. Right of cancellation may be exercised by contacting Big Agnes via e-mail [privacy@bigagnes.com], telephone or [certified] postal mail. After processing the cancellation, Big Agnes will delete customer or prospective customer's personal information from its data base.


8. Access Rights to Data.


(a) Information Maintained by ABC.
Upon customer's request, Big Agnes will provide a reasonable description of customer's personally identifiable information that ABC maintains in its data bank. Big Agnes can be contacted by e-mail at [privacy@bigagnes.com], telephone [877.554.8975, or [certified] postal mail [Big Agnes Inc. PO Box 773072 Steamboat Springs CO 80477].


(b) Corrections and Changes to Personal Information.
Help Big Agnes to keep customer personal information accurate. If customer's personal information changes, or if customer notes an error upon review of customer information that Big Agnes has on file, please promptly e-mail Big Agnes [privacy@bigagnes.com] and provide the new or correct information.


(c) Your California Privacy Rights.
California Civil Code Section 1798.83 permits customers of ABC who are California residents to request certain information regarding ABC’s disclosure of personal information for their direct marketing purposes. To make such a request, please write to: [privacy@bigagnes.com]. Within 30 days of receiving such a request, ABC will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. ABC reserves its right not to respond to requests submitted other than to the address specified in this paragraph.
California’s privacy laws require a company to provide notice to California users of their rights to receive information on to which entities their information was shared for marketing purposes.


9. Accountability.


(a) Questions, Problems and Complaints. If you have a question about this policy statement, or a complaint about Big Agnes compliance with this privacy policy, you may contact Big Agnes by e-mail [privacy@bigagnes.com]. If Big Agnes is unable to resolve your complaint to your reasonable satisfaction or if customer does not receive acknowledgment of an inquiry, customer may elect to proceed by contacting [provide name of third party privacy service organization and information on how to contact the organization].