Your Privacy

Last Updated: July 19, 2023

Our Privacy Commitment

At Xcel Wetsuits, we are committed to protecting the privacy of your Personal Information (defined below). We manage your Personal Information in an open and transparent way.

We are bound by this Privacy Policy and the requirements of applicable privacy laws which regulate how we may collect, use, disclose and store Personal Information. In some jurisdictions, these laws also specify how individuals may exercise their rights or options regarding the Personal Information held about them. You may exercise these rights as explained below.

Personal information we may collect from you

We collect Personal Information about you directly from you (or from your authorised representative), when you:

• complete an online form on one of our websites or with a third party through a link from one of our websites;
• visit, search for and browse our websites or stores;
• complete a hard copy form or provide your information to us in person, in-store;
• create an online account through our website;
• purchase or return goods or services from us in certain circumstances such as through our website, if you deal with us by reference to your membership or loyalty program, or if you pay other than by cash;
• receive product, team, and event news or submit a product review;
• connect with us on social media;
• enter a competition, sweepstakes, contest, promotion or survey; or
• contact us by telephone, mail, email, or online (including via social media).

We may collect and process data from the information you give us including, without limitation, your name, address, email address and phone number, financial or credit card information, and purchase order history. You may also give us information about your areas of interest, style, gender and size, preferences, and email preferences.

With regard to your visits to our websites or use of our digital watch and app, we may automatically collect the following information about you:

• Technical information, including the Internet protocol (IP) address used to connect your computer or device to the Internet, your login information, data on your screen settings and device settings, such as point and scroll settings of your mouse, web browser type and version, geolocation and information about your ride, run or other activity, time zone settings, operating system and platform and other general information; and
• Information about your use or visit, including statistical information about visits to pages on the site, the products you viewed or searched for, page response times, download errors, duration of individual page view, page interaction information (such as scrolling, clicks, and mouse-overs) and the paths taken by you through the site, plus the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time). The nature of the information collected will depend on the purpose for which it is being collected.

We may also collect Personal Information about you from a third party or a publicly available source. We also work closely with third parties (including, for example, business partners, joint marketers, sub-contractors in technical, payment, and delivery services, advertising networks, analytics providers, social media companies, search information providers) and may receive information about you from them. We may combine this data with other information we collect.

We collect Personal Information for purposes that are directly related to our business activities and when it is necessary for or directly related to such purposes. We also collect Personal Information related to information security and other corporate service functions.

If you provide your Personal Information to a third party via a link from one of our websites, that information is collected and managed by that third party. You should familiarize yourself with their privacy policy prior to deciding whether you wish to provide them with your information.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

How do we use your Personal Information?

We use your Personal Information in the following ways:

• carry out our obligations arising from any contracts entered into between you and us and to provide services and products to you;
• to enable you to purchase products or services you decide to purchase from us and to process your orders and deal with administrative issues, including contacting you where you have initiated a transaction with us but that transaction has not been completed for any reason;
• answer your inquiries and deliver customer service to you;
• provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
• provide you, or permit selected third parties to provide you, with information about other products or services that we think may be of interest to you according to your preferences and applicable law;
• maintain and improve customer services;
• administer our membership, loyalty and/or other program;
• facilitate your interaction with us on our website and in our stores including CCTV;
• meet our legal or compliance obligations;
• manage and resolve any legal or commercial complaints and issues;
• carry out internal functions including training;
• notify you about changes to our services or terms;
• conduct marketing research and analysis;
• to administer our site, watch and app and for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes;
• to improve our site to ensure that content is presented in the most effective manner for you and for your computer or device;
• to allow you to participate in interactive features of our service when you choose to do so;
• as part of our efforts to keep our site safe and secure;
• to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
• to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

If you choose not to provide certain Personal Information, you should be aware that we may not be able to provide you with some of the services and/or products you are seeking.

Under what circumstances do we disclose your Personal Information?

In the course of conducting our business and providing our products and services to you, we may disclose your Personal Information when one of the following applies:

• you have consented to or been notified of the disclosure;
• we sell, buy, reorganize, merge, or dissolve businesses or assets;
• we engage another company or organization to perform certain business-related functions on our behalf, including web hosting, maintaining databases, cloud storage, and other information system services, promotional, research or marketing activities and processing payments, provided that such companies and organizations will only receive and/or have access to the Personal Information (if any) necessary to allow them to perform their specific functions, and we take reasonable steps to ensure such companies and organizations appropriately protect and respect the privacy of your Personal Information;
• you would reasonably expect, or have been told, that your information is passed to those individuals, bodies, or agencies;
• if you voluntarily enter a contest or sweepstakes, we may publicly disclose the name, city, and state of winners or
• it is otherwise required or authorised by law or we believe it is necessary to comply with a legal or compliance obligation, protect and defend our rights or property, act in urgent circumstances to protect the personal safety of our users or the public, or protect or defend against legal liability.

Whom we disclose your Personal Information to?

We may disclose your Personal Information to:

• our affiliated companies;
• third party service providers, suppliers, or sub-contractors with whom we contract in the ordinary course of business (e.g. payment systems operators, web hosting, cloud storage, database service providers, and/or other service providers);
• freight and logistics providers for the performance of any contract we enter into with them or you;
• advertisers and advertising networks that require the data to select and serve relevant adverts to you and others;
• selected organisations authorised by us to conduct promotional, research, or marketing activities;
• subject to your opt-in and/or opt-out rights, to third parties for their own marketing purposes such as co-sponsors of events or activities;
• analytics and search engine providers that assist us in the improvement and optimisation of our websites; and
• any persons acting on your behalf including those persons nominated by you, executors, trustees and legal representatives.

We may also disclose personal information to law enforcement, regulatory bodies, legal advisors, or similar third parties where we are under a legal duty to disclose or share personal information in order to comply with any legal obligation, or in order to enforce or apply our website terms and conditions and other agreements; or to protect our rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Direct Marketing, Advertising and Analytics

We will use or disclose your Personal Information for direct marketing purposes in accordance with applicable law. You can exercise your choices as described below. From time to time, we may contact you with information about products and services offered by us and our related entities and our business partners, which we think may be of interest to you. We may also provide targeted marketing to you whether directly or through online advertisement networks such as those operated by Google, based on your viewing activity of our website. For more information, see "Cookies/Tracking Technology" below.

When we use or disclose your Personal Information for the purpose of direct marketing, you can request not to receive direct marketing communications by clicking the "unsubscribe" link in any email.

You can opt-out of receiving targeted advertising derived from your viewing habits by selecting from your browser’s privacy or security settings to reject, delete or block (as the case may be) the cookies or web beacons used by us in order to conduct such targeted marketing. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, users may limit ad tracking of certain mobile ads via their device settings. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our advertising partners that participate in self-regulatory programs. You can access these and learn about targeted advertising and consumer choice and privacy at About Ads, Network Advertising and AdChoices

To be clear, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. You must separately opt-out in each browser on each device. Advertisements on third-party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.

You can ask to be removed from our marketing lists at any time by contacting us directly or by logging into your account.

Our website includes social media features. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.

We may also use analytics services such as Google Analytics and other companies to collect information regarding visitor behavior and visitor demographics on our website and services. For more information, please visit www.google.com/policies/privacy/partners/. You can manage Google’s collection and processing of data by going to Google Analytics Opt-out.

Where we store your Personal Information

In some circumstances, we may disclose your Personal Information to overseas recipients. If this occurs, we take steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the relevant privacy laws in relation to that information. We share information between our businesses, located around the world. Sometimes, we use third-party platforms and services to process sales, provide web support, send marketing messages, deliver products, or otherwise deliver information. These services are hosted and managed by organisations other than ourselves, and some of these services are hosted overseas. Your Personal Information may be stored in a secure and/or encrypted form overseas (e.g. in data storage and cloud computing facilities operated by us (or by third parties on our behalf)).

Data Quality and Security

We will take reasonable steps to ensure that your Personal Information is stored securely and is protected from misuse and loss and from unauthorized access, modification, or disclosure. We have a range of systems and communication security measures. Access to your Personal Information is restricted to those properly authorized to have access. We keep your Personal Information for as long as it is required to provide you with the products or services you requested from us and to comply with legal requirements. If we no longer require your Personal Information for any purpose, including legal purposes, we will take reasonable steps to securely destroy or de-identify your Personal Information.

We use various technologies on our websites to appropriately secure transactions and process online orders. You should, however, be aware that there is always an inherent risk in transmitting your Personal Information via the Internet.

Please do not enter any credit card details or sensitive personal information when contacting us via email, through our Live Chat function or through our website "Contact Us" form.

Children’s Personal Information

Minors under the age of 18 years are prohibited from making purchases, including subscriptions, on our websites. We do not knowingly collect Personal Information from children under the age of 16. If you are under the age of 16, please do not submit any Personal Information through our websites. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information to us. If you have reason to believe that a child under the age of 16 has provided Personal Information to us through our websites, please contact us, and we will endeavor to delete that information from our information systems and/or assets.

Cookies/Tracking Technology

Cookies are pieces of information that a website transfers to your computer or device when you visit a website. The information collected may be used by us and other third parties as described above including to improve your experience on our website. For example, if you wish to make a purchase using our online store, our cookies will collect information about what is in your shopping cart and assist us to maintain that shopping cart during the transaction.

We may also use web beacons, embedded in our website’s web pages, that work in conjunction with cookies to notify us what web pages on our website are visited by a particular IP address (including by reference to the domain name), computer or device, the date and time of visit to our site, the duration of individual page views, information downloaded, hyperlinks selected and paths taken by the visitor through the site, the visitor's screen settings, and device settings and other general information. That information will be collected either by us directly or by a service provider contracted for that purpose. By measuring how you interact with our website in this way, we may provide targeted marketing to you, based on your viewing activity of our website, whether directly or through online advertisement networks such as those operated by Google.

The website uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

Do Not Track is a privacy preference offered by certain browsers. We do not respond to "do not track" signals; however, you can exercise your privacy preferences as described above.

Passwords

Where we have given you (or where you have chosen) a password that enables you to access certain parts of our site or to use certain site functionality, you are responsible for keeping this password confidential. We ask you not to share a password with anyone and to choose a unique password.

Your privacy choices

Upon your request, we will (a) correct or update your personal information; (b) stop sending marketing emails to your email address; and/or (c) disable your account to prevent any future purchases through that account. You can make these requests as described below. Please do not email your credit card number or other sensitive information.

We always permit you to unsubscribe or opt-out of marketing emails; however, because we have to communicate with you about orders that you choose to place, you cannot opt-out of receiving emails related to your orders although you can update your information. If you would like to manage your advertising, cookie, and analytics choices, please see the "Direct Marketing, Advertising and Analytics" section above.

California residents: Please see the additional information below.

Changes to our Privacy Policy

This privacy policy is effective as of the date listed above. From time to time, our Privacy Policy will be reviewed and, if appropriate, updated. If any changes are made to this policy, these will be posted on our sites. If you use our site after the revised Privacy Policy is updated, you will be bound by it. We will notify you if there are any changes to this policy that materially affect how we collect, store or process your personal information. If we would like to use your previously collected personal information for different purposes than those we notified you about at the time of collection, we will provide you with notice and, where required by law, seek your consent, before using your personal information for a new or unrelated purpose.

User Data Access/Deletion

If you wish to be removed from our database for any reason, simply send us an email requesting to be removed via our Contact Us page.

How to contact us with privacy questions or concerns

If you are have queries, concerns or complaints about the manner in which your Personal Information has been collected or handled by us or would like to request access to or correction of the Personal Information we hold about you, please use the contact us form or direct your email to onlinesales@xcelwetsuits.com.

Privacy Information For California Residents

Effective January 1, 2020, the California Consumer Protection Act ("CCPA") requires us to provide California consumers with certain information about the processing of their personal information and rights available to them with respect to such information.

The table below sets out generally the categories of personal information (as defined by the CCPA) about California residents that we collect, disclose for a business purpose, and "sell" as defined by the CCPA. In certain instances, we will share personal information among our affiliated companies and with third parties who provide valuable services to us as described in the section above titled "Whom we disclose your Personal Information to."

Categories of personal information	Do we collect?	Do we disclose for a business purpose(s)?	*Do we sell?
Name, Contact Information and other Identifiers: Identifiers such as a real name, alias, address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name.	Yes	Yes	Yes
Customer Records: Paper and electronic customer records containing personal information, such as name, signature, physical characteristics or description, address, telephone number, bank account number, credit card number, debit card number, or any other financial or payment information, medical information, or health insurance information.	Yes	Yes	No
Purchase History and Tendencies: Commercial information including records of personal property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.	Yes	Yes	No
Usage Data: Internet or other electronic network activity information, including, but not limited to, browsing history, clickstream data, search history, and information regarding a resident’s interaction with an internet website, application, or advertisement.	Yes	Yes	Yes
Profiles and Inferences: Inferences drawn from any of the information identified above to create a profile reflecting preferences, characteristics, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.	Yes	Yes	No
Geolocation Data: Includes precise location information about a particular individual or device (via our digital watch)./td>	Yes	Yes	No
Audio, Video and Electronic Data: Includes audio, electronic, visual, thermal, olfactory, or similar information such as, thermal screenings and CCTV footage (e.g., collected from visitors to our stores, photographs and images (e.g., that you provide us or post to your profile) and call recordings (e.g., of customer support calls)]./td>	Yes	Yes	No

*According to the CCPA definition of "Sell"

The section above titled "Information we may collect from you" describes the categories of sources from which we collect your personal information. The section above titled "How do we use your Personal Information?" describes how we use your personal information. The section above titled "Whom we disclose your Personal Information to." sets forth the categories of third parties with whom we share your personal information.

California law gives consumers the right to make the following requests, up to twice every 12 months:

• The right to request a copy of the personal information that we have collected about you in the prior 12 months.
• The right to request details about the categories of personal information we collect, the categories of sources, the business or commercial purposes for collecting information, and the categories of third parties with which we share information.
• The right to request deletion of the personal information that we have collected about you, subject to certain exemptions.
• The right to opt-out of the sale of your personal information.

When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records or require you to log into your existing account. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify you and/or the requestor as required by law. Authorized agents may be required to provide proof of their authorization, and we may also require that the relevant consumer directly verify their identity and/or the authority of the authorized agent. You can submit a request either (a) online via Do not sell my personal information, (b) or by emailing us at onlinesales@xcelwetsuits.com.

The CCPA prohibits discrimination against California consumers for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California consumers related to their personal information, unless the different prices, rates, or quality of goods or services are reasonably related to the value of the consumer’s data. We do not discriminate against consumers when they exercise their CCPA rights.

Separate from the CCPA, under California’s "Shine the Light" law (Cal. Civ. Code § 1798.83), California residents who provide us with personal information, as defined in that law, are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third party sharing in the prior calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to onlinesales@xcelwetsuits.com. In your request, please attest to the fact that you are a California resident and provide a current California address.