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PRIVACY POLICY

Last Updated: March 22, 2021

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Thank you for visiting our Privacy Policy (“Privacy Policy”). This Privacy Policy applies to Personal Information (defined below) collected on any and all websites associated with X-Treme Sports Gear Ltd.., and its affiliates, subsidiaries and brands, including Masx Tech and Onshore Apparel (the “Company,” “we,” or “us”), and all affiliated domains that link to this Privacy Policy, through any related mobile application, through computerized devices in stores and in-store data collection forms (collectively referred to herein as the “Sites”). This Privacy Policy also explains the choices you have about the way this information is collected and used. 

 

PLEASE READ THIS PRIVACY POLICY CAREFULLY BECAUSE BY ACCESSING THE SITES AND/OR CREATING AN ACCOUNT WITH US, YOU ARE CONSENTING TO THE COLLECTION, USE, DISCLOSURE, TRANSFER AND STORAGE OF PERSONAL INFORMATION OR OTHER INFORMATION RECEIVED BY US AS A RESULT OF SUCH USE IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITES.

 

Please note that this Privacy Policy is subject to an arbitration provision, requiring—except where and to the extent prohibited by law, you to arbitrate any claims you may have against the Company on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.

 

1. INFORMATION COLLECTED

 

When you use our Sites, we collect your Personal Information and non-Personal Information. The types of information we collect from you depends on the Sites and the features you use on the Sites. “Personal Information” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household. Please note that over time, non-Personal Information may become Personal Information due to regulatory developments, technological advancements or the co-mingling of personal and non-Personal Information. The various types of information we collect from you may include:

 

  • Purchase Information: We may collect your name, billing address, shipping address, email address, telephone number, credit card number and expiration date when you make a purchase. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information) and/or to provide customer service.

  • Account Information: We may collect your name, email address, mailing address, zip code, date of birth, and gender if you create an account with us. This information will be used to help you keep track of your orders, to keep you updated about special offers, updates related to the Sites, and to facilitate checkout during purchases.

  • Information for Commercial Communications: We may collect your name, email address, mailing address, gender, and birth date if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers and new features available through the Sites.

  • Information Relating to Inquiries: We may collect your name and email address if you contact us with a question or request a Live Chat with us. This information may be used so that we can respond to your question or contact you should we disconnect from our Live Chat.  

  • Information for Promotions: We may collect your name, email address, and other contact information if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites. It will also be subject to the terms accompanying such promotion.

  • Survey Information: We may collect your name, age, zip code, shopping habits, email address and/or mailing address if you choose to participate in one of our on-line surveys. This information will be used to help provide us with relevant information about our consumers.

  • Usage Information: We may collect usage information passively, while you are visiting or interacting with the Sites. We call this “passive” collection since you may not know that this information is being collected when you visit or interact with the Sites. This information may consist of the following items: Site visitors’ IP address, IP address-related information, system Media Access Control address, network configuration information, network device information, browser plug-in type and versions, and operating system. Additionally, like any online site or service.

  • Information from Other Websites, Including Mobile Applications and Social Media Platforms: If you use a social media platform or your mobile device (or other method of communication) to interact with the Sites, that platform or application may have a specific privacy policy that governs the use of Personal Information related to it. For example, if you use a mobile application and your mobile device’s settings allow it, we may collect mobile location information from your device. Our application may be designed to collect information even if you are not logged into the application or the Sites. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings. We do not control the data collection or privacy practices of the application stores from which you download our mobile application, or of any third-party platform through which you access our Sites or contact us. You should review the privacy policy and terms of use of any third-party site or mobile application store before using or downloading any application and review and use available controls and settings on your device to reflect your preferences.

  • Information from Other Sources: We also may obtain, collect and aggregate information (including Personal Information) provided to us by our marketing service providers and other vendors. That information may include information on current subscribers or customers, and is used for a number of things including enabling us to send you the most relevant, timely and exciting offers and announcements specifically tailored for you and your interests. Of course, you can update your information or change your preferences regarding receiving announcements and other information from us at any time by accessing your account via the Sites. (For more information, see below section entitled How to Access, Correct and Update Your Personal Information?)

 

2. COOKIES AND OTHER SESSION IDENTIFIERS

 

Like many sites, we, and third parties we allow, utilize a technology called "cookies." A cookie is a piece of information that is placed on your browser when you access the Sites. In many cases, the information collected using cookies (and related technologies) are used in non-identifiable ways, without any reference to Personal Information. For example, we use information we collect about users of the Sites to optimize our Sites and to understand traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with Personal Information. In that case, this Privacy Policy governs how we use that information.

 

Cookies help provide additional functionality to the Sites and help us to more accurately analyze usage of the Sites. For instance, the Sites may set a cookie on your browser that allows the Sites to remember you during future visits. We use cookies to monitor and to maintain information about your use of the Sites. Cookies are also used to track the identity of the website you visited immediately prior to visiting the Sites; other than that, we do not track information about your use of other websites. Cookies also allow us to hold selections in a shopping cart when a user leaves the Sites without checking out. Cookies are not used on the Sites to store your account information as this information is stored securely on a server. When you log in at the Sites with your username and password, we will assign you a secure session ID. The server then passes your information to you through this secure session ID. Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue in your browser until they are deleted or expire). Some of the cookies we use may be flash cookies or Adobe cookies. While they are harmless, they may contain demographic information and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted.

 

Google Analytics — To help facilitate the delivery of relevant content, we use Google Analytics and have implemented all Google Advertising Features, including Remarketing, Impression Reporting, Demographics, and Interest Reporting. Google Analytics uses cookies to report on user interactions on our websites. We use the data collected for optimizing marketing, refining advertising, and generally making advertising more effective. To learn more about Google Analytics privacy practices and opt-out mechanisms, please visit the Google Analytics Security and Privacy Principles page at https://support.google.com/analytics/answer/6004245?hl=en>. Google also provides a complete privacy policy and instructions on opting-out of Google Analytics at https://tools.google.com/dloage/gaoptout.

 

 

Third Party Advertisers — We may use advertisers, third-party ad networks, and other advertising companies, to serve advertisements on our Sites and on third-party websites. Please be advised that such advertising companies may gather information about your visit to our Sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which web pages you were viewing when such ads were delivered. Depending on the particular advertising services they provide, these third-party advertising companies may employ first-party cookies or third-party cookies. Unlike third-party cookies, first-party cookies are hosted on the Company’s servers. If you would like more information about this practice and to know your choices please visit http://www.networkadvertising.org/managing/opt_out.asp or http://preferences.truste.com/truste/. PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.

 

While we recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Sites, you have the ability to control the use and moderation of our cookies. However, if you elect not to allow cookies to be placed as provided herein, you may not be able to use or to enjoy all of the services and features of the Sites. Specifically, you can configure the settings on your browser (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your Web browser’s help section for information on how to do this.

 

3. HOW WE USE THE INFORMATION COLLECTED

 

We may use the information we collect as necessary and to fulfill your requests, including in the following ways:

 

Access and Use: If you provide Personal Information in order to obtain access to or use of the Sites or any functionality thereof, we will use your Personal Information to provide you with access to or use of the Sites or functionality and to monitor your use of the Sites or specific functionalities.

 

Internal Business Purposes: We may use your Personal Information for internal business purposes including, without limitation, to help us improve the content and functionality of the Sites, to better understand our users, to improve the Sites, to protect against, identify or address fraudulent activities, to manage your account and to provide you with customer service and to generally manage the Sites and our business.

 

Marketing: We may use your Personal Information to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Sites which may be of relevance to you. If you wish to change or update your Personal Information or to change your subscription preferences, you may do so as provided herein. We also use your Personal Information for other marketing reasons, such as administering our loyalty programs.

 

Specific Reason: If you provide Personal Information for a certain reason, we may use the Personal Information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Information you provide to answer your question or to attempt to resolve your issue and will respond to the email address from which the contact came.

 

Aggregated Information: In an ongoing effort to better understand and to serve the users of the Sites, we (either directly or working in concert with our marketing services providers) may conduct research on our customer demographics, interests and behavior based on Personal Information and other information that has been provided or received by us. For example, we may combine information about visitors to the Sites to determine how best to target our marketing and the products that we offer in certain areas of the country. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and is not classified or treated as Personal Information under this Privacy Policy.

 

4. HOW WE SHARE YOUR INFORMATION

 

We may share the information described in Section 1 above to the following categories of third parties in the following circumstances:

 

Order Fulfillment and Fraud Protection:  If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personal Information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card). In addition, we may share your Personal Information with fraud protection services to assist us in preventing fraud and protecting our customers from credit card fraud.

 

Business Transfers: As with any business, it is possible that as our business develops, we might sell, assign, buy, transfer or otherwise acquire or dispose of certain businesses or corporate assets. In the event of such or similar event, Personal Information may be part of the transferred assets. In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign your Personal Information collected via the Sites, and you acknowledge and agree that any successor to or acquirer of us and/or our eCommerce service provider will continue to have the right to use your Personal Information and other information in accordance with the terms of this Privacy Policy.

 

Subsidiaries and Affiliates: We may also share your Personal Information with our subsidiaries and/or affiliates. Our subsidiaries and affiliates will be bound to treat and to maintain any Personal Information in accordance with this Privacy Policy.

 

Agents, Consultants and Related Third Parties: As noted above with respect to our eCommerce service provider, we sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us; we may provide or otherwise give them access to certain Personal Information. We employ a vetting process to assess our partners’ data protection practices.

  

Legal Requirements: We may disclose your Personal Information if required to do so by law (including, without limitation, responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Sites or the public or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.

 

5. HOW TO ACCESS, CORRECT AND UPDATE YOUR PERSONAL INFORMATION

 

You can access, correct and/or update certain Personal Information that you have provided to us by clicking on "Update Account" within the "My Account" area of the Sites. 

 

6. STEPS TAKEN TO KEEP YOUR INFORMATION SECURE

 

We take commercially reasonable measures to ensure the security and confidentiality of your Personal Information. We have implemented information security measures that contain administrative, technical and physical controls that are designed to reasonably safeguard your Personal Information. Even though we have taken and will continue to take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with Personal Information. Please understand that no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us. Understand that any information that you transfer to us is done at your own risk. We recommend that you take additional measures to protect yourself, including by installing anti-virus software, closing browsers after use, keeping your passwords confidential, and making sure that you regularly update software and apps. If we learn of a data security system breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Sites. We may post a notice via the Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive written notice of a data privacy or security breach. If you have reason to believe that your Personal Information that we have collected or our system security has been breached, please notify us by e-mailing darryn@x-tremesportsgear.com.

 

7. YOUR CHOICES AND INDIVIDUAL RIGHTS

 

You have several choices available when it comes to your Personal Information. We will honor the choices you make regarding your Personal Information. If you have created and maintained a user account on the Sites, you will be able to sign in and update your account (including contact) information. You may also write to us at the address provided in Section 13 to update your contact information or to change your subscription preferences. In addition, you may:

 

Limit the Personal Information You Provide: You can use the Sites and limit the Personal Information you provide either by disabling cookies or by not registering an account with us. If you choose to limit the Personal Information you provide and/or to disable cookies, you may not be able to use certain functionalities of the Sites. For instance, in order to purchase goods and services on the Sites, payment and shipping information must necessarily be provided.

 

 

Opt Out of Marketing Emails: For email marketing, you will have an opportunity to change your subscription preferences by clicking on an "unsubscribe" hyperlink contained in all promotional emails sent by us or on our behalf. Please note that while we honor all subscription requests as timely as possible, it may take up to ten (10) business days to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Sites, be sent certain transactional communications related to the purchase or shipment of items purchased. Thus, if you order online, we will send you an email confirming your order and may need to contact you by email or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations.

 

Social Media & Other Public Platforms: You may also manage the sharing of certain Personal Information with us when you connect with us through a social media platform or application, such as through Facebook Connect or Instagram. Please refer to the privacy settings of the social media website or application to determine how you may adjust your permissions and manage the interactivity between us and your social media platform(s) or application(s). That said, we want you to be aware that when you post information to public forums, including publicly viewable social media platforms, that information will become available to all who access such platform pages. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

 

8. LINKING TO OR FROM ANOTHER WEBSITE

 

The Sites may contain links to other websites not operated or controlled by us (the "Third-Party Sites"). The policies and procedures set forth herein do not apply to any Third-Party Sites. We are not responsible for the privacy practices or content of such Third-Party Sites. We are not responsible for the actions of these Third-Party Sites; rather, the owners and operators of all Third-Party Sites are responsible for all Personal Information provided, collected, maintained, stored or otherwise disclosed on those sites, if any. The links on the Sites do not imply that we endorse or have reviewed the Third-Party Sites, including their privacy policies, if any. If you have any questions about how these Third-Party Sites’ use your Personal Information, we strongly encourage contacting those sites directly for information on their privacy policies and practices.

 

If you have accessed the Sites through a link from certain of our advertising or marketing partners, the Sites may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed Web pages is collected by us, and our use of such information is governed by this Privacy Policy.

 

9. HOW WE RESPOND TO DO NOT TRACK SIGNALS

 

Please note that our Sites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Information.

 

10. INFORMATION COLLECTED FROM CHILDREN

 

Protecting the privacy of children is extremely important to us. The Sites are directed toward a general audience and are not directed at nor intended for use by children under the age of 13. We do not knowingly collect or intend to collect Personal Information from anyone who is under the age of 13. If you are under the age of 13, you should not provide any Personal Information to us. 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 through the Sites. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, please contact us through the methods provided in Section 13 and we will endeavor to delete that information from our databases.

 

 

11. CHANGES REGARDING THIS PRIVACY POLICY

 

The Sites and our business may change from time to time. As a result, (and for other business and/or technological reasons), it may be necessary for us to make changes to this Privacy Policy. We reserve the right to update, change, amend or modify this Privacy Policy at any time and from time to time without prior notice. When we do, we will also revise the "Last Updated" date at the top of this Privacy Policy. Please review this policy periodically, and especially before you provide any Personal Information.

 

If we make any material changes to this Privacy Policy (as determined by us), we will post a notice on the Sites notifying users of the changes and providing an opportunity for you to take action relative to those changes prior to their implementation. In some cases, we also may send an email notifying registered users of upcoming changes.

 

This Privacy Policy was last updated on the date indicated above. Your continued use of the Sites after any changes or revisions to this Privacy Policy become effective shall indicate your agreement with the terms of such revised and then-current Privacy Policy.

 

12. DISPUTES AND AGREEMENT TO ARBITRATE

 

Except where and to the extent prohibited by law, by using the Sites, you and the Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent: 

 

  • to the Company at: X-Treme Sports Gear 976/21 Soi Sangcham Rama 9 Rd, Huai Kwang, Bangkok 10310, Thailand and

  • to you at: your last-used billing address or the billing and/or shipping address that we may have on file for you.

 

Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. 

 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.

 

  

 

13. CONTACTING US

 

If you have any questions, comments, or concerns regarding our Privacy Policy or privacy practices, please send an email to darryn@x-tremesportsgear.com, call us at the number below, or write to us at the following address:

 

          X-Treme Sports Gear Ltd. 
            Attention: Onshore Apparel

            976/21 Soi Sangcham Rama 9 rd

            Huai Kwang, Bangkok, 10310

            Thailand
 

            Phone: +66 2 641 5461

            Monday thru Friday 9am to 6pm (Indochina Time ICT)

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