- on our Site;
- in email, text, and other electronic messages between you and our Site; and
It does not apply to information collected by:
- us offline or through any other means, including on any other website operated by Pelican or any third-party (including our affiliates and subsidiaries); or
- any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from the Site.
Scope; Third Party Websites
Some of our affiliated websites owned by Pelican such as www.peli.com, www.pelicanprogear.com are governed by their own separate privacy policies.
Our Site may also contain links to third party sites that are not owned or controlled by Pelican. For example, consumers in certain countries and jurisdictions may be directed to websites owned and operated by independent Pelican dealers.
Please be aware that we are not responsible for the privacy practices of sites not owned or operated by Pelican.
Terms and Conditions
INFORMATION WE COLLECT AND WHY WE COLLECT IT
We collect several types of information from and about users of our Site (“Personal Data”), specifically information:
- by which you may be personally identified, such as contact and login information, name, postal and work address, e-mail address, telephone number, payment information (e.g., bank account information, credit/debit card information, billing/shipping information), purchase information regarding products and services offered on our Site, opt-in selections for receiving additional information from Pelican, or other Personal Data you provide in connection with your use of the Site;
- that is about you but individually does not identify you, such as traffic data, logs, referring/exit pages, date and time of your visit to our Site, error information, clickstream data, and other communication data and the resources that you access and use on the Site; and,
- about your internet connection, the equipment you use to access our Site and usage details.
By submitting a telephone number to us you agree that a representative of Pelican can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our products and/or services.
We collect this information:
- directly from you when you provide it to us, for example when you submit orders or ask us questions;
- automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; and,
- From third parties, for example, Google Analytics, advertisers, service providers, ISPs and other business partners that allow us to better understand the use of our Site and how we can improve it.
Information You Provide To Us
You can provide information to us on our Site by filling in forms on our Site, such as when you create an account to use our Site, buy and order products from us, fill out our Contact Us form or create an account for dealer support. We also may keep records and copies of your correspondence (including email addresses) if you contact us. You may provide information to us through surveys, quizzes, and contests we administer. We also will collect information that you provide to us when you enter search queries. The information we collect includes Personal Data, such as your name, address, email address, payment account (e.g., bank, credit card, debit card) information, and telephone number. The Personal Data we collect from you is required to enter into a contract with Pelican, for Pelican to perform under the contract, and to provide you with our Site’s products and services. If you refuse to provide such Personal Data or withdraw your consent to our processing of Personal Data, then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site or transmitted to other users of the Site or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site 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.
No Information From Children Under Age 18
If you are under the age of 18, please do not attempt to register with us at this Site, purchase products or provide any Personal Data about yourself to us. If we learn that we have collected Personal Data from a user under the age of 18, we will promptly delete that information. If you believe we might have any information from a user under the age of 18, please Contact Us Online or call us at (800) 473-5422. We are not liable for any damages that may result from a user’s misrepresentation of age.
Information We Collect Automatically
We collect certain information automatically as you use our Site, such as:
- IP address
- Browser type
- Computer or device type
- Unique device identifiers
- Operating system version
- The website from where you navigated to your Site
- Time and date of using our Site
- The name of your Internet service provider (ISP)
- The pages anad products on our Site that you view and products selected
- Location data
The information we collect automatically may include Personal Data, and we may maintain such automatically collected information or associate such automatically collected information with Personal Data we collect in other ways or receive from third parties. Such automatically collected information helps us to improve our Site and to deliver a better and more personalized service by enabling us to:
- estimate our audience size and usage patterns;
- store information about your preferences, allowing us to customize our Site according to your individual interests;
- speed up your searches; and
- recognize you when you return to our Site.
HOW WE USE AND SHARE YOUR INFORMATION
To Provide Products, Services, and Information
As described above, we collect information from you so that we can offer, sell and ship products to you and to provide you with information and support that you request from us. We use your information to register and service your online account, process orders for products, process payments, and fulfill your orders. We use your Personal Data to contact you about your orders and requests. We may send you information about our products and services, and new offerings. We may use your information to send newsletters, advertisements, or other promotional communications about our Site, products, and services. We may also administer surveys, sweepstakes, promotions, and contests using your information. We may provide information to third party service providers that help us maintain, fulfill, and deliver our Site and our products and services. We may use your information to notify you about changes to our Site or any products or services we offer or provide though them. In addition, we may use your information in any other way we may describe when you provide the information, for any purpose in which you provide it, and for any other purpose with your consent.
We may use third parties (including our subsidiaries and affiliates) to help host our Site; operate our online catalog, store and shopping experience; send out email updates about the Site; provide marketing and advertising services for us; remove repetitive information from our user lists; and provide and administer the Site, our products, and our services. These third party service providers will have access to your Personal Data in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service. We use demographic information to better understand our customers, and improve our products and services.
You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info). 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 also opt out of receiving targeted ads from members of the NAI on its website.
We belong to ad networks or use marketing companies that may use your browsing history across participating websites to show you interest-based advertisements on those websites. Please note that if you choose to opt out, you will continue to see ads on our Site, but they will not be based on how you browse and shop.
Our Site does not respond to “do not track” signals or similar mechanisms to indicate you do not wish us to collect information about your online activity or receive interest-based ads. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org).
In addition to sharing for reasons as described elsewhere in this Policy, we will share Personal Data with companies, organizations or individuals outside of the Pelican when we have your consent to do so.
Legal Requests or Requirements and to Prevent Harm
We will share Personal Data with third party companies, organizations or individuals outside of Pelican if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
- Enforce applicable Terms and Conditions, including investigation of potential violations.
- Detect, prevent, or otherwise address fraud, security or technical issues.
- Protect against harm to the rights, property or safety of Pelican, our users, customers or the public as required or permitted by law.
Transfer in the Event of Sale or Change of Control
ACCESS TO YOUR INFORMATION AND CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:
- Reviewing Your Personal Data. You can review and change your Personal Data by logging into the Site and visiting your “My Account” page. You may also notify us through the contact information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible. Please note that if you request access to your Personal Data other than through our Site, you may be charged a fee subject to a maximum set by applicable law. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
- Disclosure of Your Information for Third-Party Advertising. We will only share your Personal Data with unaffiliated or non-agent third parties for promotional purposes with your express consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your Personal Data or otherwise seek such consent. If you wish to change your choice, you may do so at any time by logging into the Site and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to email@example.com.
- Promotional Offers from Pelican. We will only use your email address and other contact information to promote our own products and services with your express consent. If you wish to consent to such use, you can check the relevant box located on the form on which we collect your Personal Data or otherwise seek such consent. If you wish to change your choice, you may do so at any time by logging into the Site and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to firstname.lastname@example.org. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Pelican as a result of a product purchase, warranty registration, product service experience, or other transactions.
SECURITY OF YOUR INFORMATION
In order to help protect your Personal Data, access to your data on our Site is password-protected, and sensitive data (such as a social security number) is protected by encryption when it is exchanged between your web browser and our Site. To protect any data you store on our servers, we also regularly audit our system for possible vulnerabilities and attacks, and we use a tier-one secured-access data center. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
CONSENT TO PROCESSING OF PERSONAL DATA UN UNITED STATES
DATA RETENTION PERIOD
Pelican will retain your Personal Data for the entire time that you keep your account open. After you close your account, we may retain your Personal Data:
- for as long as necessary to comply with any legal requirement;
- on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
- for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and,
- for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.
COMPLAINTS, QUESTIONS, AND HOW TO CONTACT US
- Pelican Products, Inc.
- 23215 Early Avenue
- Torrance, California 90505
- Tel: (310) 326-4700
- Toll Free: (800) 473-5422
- Fax: (310) 326-3311
PROVISIONS APPLICABLE TO CALIFORNIA RESIDENTS
Information We Collect
Our Site collects 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, our Site has collected the following categories of personal information from its consumers within the last twelve (12) months:
- Category A (Identifiers): including, your real name, postal address, unique personal identifier, online identifier, photos or images of you, Internet Protocol address, email address, account name, or other similar identifiers.
- Category B (Personal information categories under the California Customer Records Statute): including, name, address, telephone number, bank account number, credit card number, debit card number, or any other financial information.
- Category C (Internet or other similar network activity): including, your browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
- Category D (Commercial information): including, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
For purposes of this section, personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Other information excluded from the CCPA’s scope as expressly set forth in the statute.
Note that information Company obtains from a consumer acting on behalf of a company and whose communications with Company occur solely within the context of Company conducting due diligence regarding, or providing or receiving a product or service to or from another company, are generally exempt from much of CCPA.
Company obtains personal information listed above from the following categories of sources:
- For all of the above categories collected, we collect this information directly from you.
Use and Disclosure of Non-Exempt Personal Information
- Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with applicable law.
- Short-term, transient use, provided your personal information is not disclosed to a third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
- Testing, research, analysis, and product development and demonstration, including to develop and improve our Site, products, and services.
For all of the above categories of personal information collected, we will also use your personal information as described to you when collecting it or as otherwise permitted by the CCPA. Company 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.
When we disclose personal information for a business purpose, we generally enter into 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 all of the above categories of personal information collected for a business purpose to third party vendors who provide marketing, payment processing, and other services to us.
Your Rights and Choices for Non-Exempt Information
The CCPA provides 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 Pelican disclose certain information to you about our collection and use of your CCPA covered personal information over the past twelve (12) months. Once we receive and verify your request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we disclosed your personal information for a business purpose, a list identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that Pelican delete any of your CCPA covered personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), 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:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect bugs or errors in our Services, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information are permitted by law or that are compatible with the context in which you provided it.
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 Contact Us or call us at (800) 473-5422.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf (“an Authorized Agent”), may make a verifiable consumer request related to your personal information. Please note that Pelican is not obligated to provide information to a consumer in response to a request more than twice in a twelve (12) month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an Authorized Agent. Before completing your request to exercise the below, we will verify that the request came from you based on information we have for you in our records, or though some other method in compliance with the CCPA.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. With few exceptions, we will only review and fulfill a request from your Authorized Agent if (a) you grant the Authorized Agent written permission to make a request on your behalf, (b) you or the Authorized Agent provides us notice of that written permission, and (c) we are able to verify your and the Authorized Agent’s identity in connection with that notice and the request.
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 forty-five (45) days of its receipt. If we require more time, 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 twelve (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.
You have the right not to receive discriminatory treatment by us for exercising any of your rights under the CCPA. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. At the time of offering any financial incentive, we will provide a summary of the incentive and further information relating to the material terms, opt-in methods, and how you may withdraw your consent or opt-out of such incentive. We also will provide further explanation as to how the incentive complies with CCPA.