BAJA DESIGNS PRIVACY POLICY

We prepared this Privacy Policy to describe our practices regarding the information we collect from users of our website, located at www.bajadesigns.com, and use of our related services, including without limitation our web and mobile applications. By submitting information through our website or through our related services, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your information in accordance with this Privacy Policy. We take your privacy seriously and we want you to know how we collect, use, share and protect your information.

This Privacy Policy applies to www.bajadesigns.com, www.Bestop.com, Bestop and any of its affiliated entities (“Bestop” “we” or “us”) and information or pages found therein. Our Terms of Use govern this Privacy Policy.

Please read this Privacy Policy carefully to understand our views and practices regarding your personal information and how we will treat it. By visiting our website and services, you are freely accepting and consenting to the practices in this Privacy Policy. You may withdraw your consent at any time and for any reason with effect to future data processing by contacting use at the address listed below in the section titled “Communications”. Without your consent, Baja Designs will use personal information, only insofar as such processing is permitted by applicable law (e.g., for the performance of an Agreement between Baja Designs and you) or where such processing is necessary for compliance with a legal obligation to which Baja Designs is subject.

This privacy policy governs the collection use and storage of personal information – personal information refers to information that is related to you.

INFORMATION WE COLLECT

We collect customer information in an effort to improve your shopping experience and to communicate with you about our products, services, contests, and promotions, and that we believe is necessary to administer our business. We, and our third party partners, collect information such as your name, email address, mailing address, and phone and credit card numbers that you provide when you begin the checkout process by entering your email address, place an order, join our mailing list, register with us or participate in a contest, promotion or survey. We also may collect information that we deem necessary to maintain and administer your account with Baja Designs. We also maintain a record of your product interests and your purchases online or in our retail store location. We may also collect information you give us about other people, such as the name and address of a gift recipient, or the name and contact info of a third party to receive any of our products or services. We may also collect information we receive about you from other sources, including third parties that help us update, expand and analyze our records and identify new customers. When you post your name, photos, reviews, questions, comments or any other materials or content to our site or service, the information contained in your posting will be used by us, be stored on our servers and other users may be able to see it. We may also receive information about you from third party marketing firms.

Lastly, we may collect personal information that is necessary for our legitimate interests, which will be disclosed to you at the time of collection. Baja Designs will use this information for the purposes of which it was collected.

Information Collected via Technology

To make our website and related services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. We also use Cookies (as defined below) and navigational data to gather information regarding the date and time and duration of your visit and the solutions and information for which you searched and which you viewed. This information includes, without limitation, characters you type, your search and browsing history, articles and links you click, and pages you view. Like most Internet services, we automatically gather this information and store it in log files each time you visit our website or access your account on our network. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our website. Persistent Cookies can be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas of our website or service may not work properly. We may also collect precise location information in order to enhance your use of the services. We use Google Analytics on our site. Google Analytics is a web analytics service provided by Google. Google Analytics uses cookies to collect anonymous traffic data to help use analyze how users use the website. The information generated by a cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the site, compiling reports on site activity for us and providing other services relating to site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. By using the website, you consent to the processing of data about you by Google in the manner and for the purposes described in this Privacy Policy. Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out of certain pieces by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

We collect web server logs. Web server logs are records of activity created by the computer that delivers the webpages you request to your browser. For example, a web server log may record the search term you entered or the link you clicked to bring you to a webpage. The web server log also may record information about your browser, such as your IP address and the cookies set on your browser by the server.

We do not respond to browser-based “do not track” signals. However, some third party sites who push content to our site do keep track of your browsing activities over time and across different websites when they serve you content, which enables them to tailor what they present to you.

During some visits, we may use software tools, to measure and collect session information, including page response times, download errors, time spent on certain pages, page interaction information, and methods used to browse away from the page.

In addition, we may use a service that collects data remotely by using so-called “pixel tags” “web beacons” clear GIFs” or similar means (collectively “Pixel Tags”) embedded in the website’s content. A Pixel Tag is an electronic image, often a single pixel (1 x 1) that is ordinarily not visible to website visitors and may be associated with cookies on the visitors’ hard drives. This information is de-identified data.

The website may offer you the ability to share your personal information through a social networking site (e.g., Facebook, Twitter, LinkedIn), using such site’s integrated tools (e.g., Facebook “Like” button, or Twitter “Tweet” button). The use of such integrated tools enables you to share personal information about yourself with other individuals or the public, depending on the settings that you have established with such social networking site. Additionally, by making personal information available on the website, you “opt in” to allow Baja Designs to provide such personal information to a social networking site without your further consent. For more information about the purpose and scope of data collection and use in connection with such social networking site or a site’s integrated tools, please visit the privacy policies of the entities that provide these social networking sites.

HOW WE USE AND SHARE INFORMATION ABOUT YOU

Baja Designs uses your information for research and marketing purposes; to facilitate the creation of and secure your account on our network; identify you as a user in our system; provide improved administration of our website and services; improve the quality of experience when you interact with our website and services; send you administrative e-mail notifications; respond to your inquiries related to employment opportunities or other requests; send promotional communications; send upgrades and special offers related to our services and for other marketing purposes of Baja Designs or Bestop Premium Accessory Group companies; make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback. We use customer information to provide accurate services and to advise our valued customers of promotions that may be of interest to them.

We may share your information with third parties to perform services on our behalf such as: fulfilling orders, delivering packages, sending Baja Designs marketing materials, fulfilling subscription services, conducting research and analysis, handling and processing credit card payments. We may disclose your information to trusted third parties whom we engage to process your information for us. We may disclose information with other companies and organizations for fraud and credit risk purposes. We may disclose your information to third parties with regard to the analysis and support of your use of the website. We may be required to share information in response to a regulation, court order or subpoena or discovery request. We may also share information to respond to a government request or when we believe disclosure is necessary or appropriate to protect the rights, property or safety of Baja Designs, our customers, or others; to prevent harm or loss; or in connection with an investigation of suspected or actual unlawful activity. We may also share your information with a manufacturer or its designee in connection with any service, purchase, or warranty related questions. Note that Baja Designs may be required to share EU and Swiss personal data in response to lawful requests from public authorities including to meet national security and/or law enforcement requirements.

We may share your information with the companies in the Bestop Premium Accessories Group. We may also share personal information in the event of a corporate sale, merger, acquisition, dissolution or similar event.

We may create de-identified data records from information by excluding information (such as your name) that makes the data personally identifiable to you. We use this de-identified data in many ways, including to analyze request and usage patterns so that we may enhance the content of our services and improve site navigation. Baja Designs reserves the right to use and disclose de-identified data to third party companies for any purpose in its discretion.

We may enter into agreements with third party companies. A third party company may want access to information that we collect from you (including without limitation your email address for marketing purposes) and we may share, license, trade, or sell such information with a third party.

We may also use and share your information to fulfil other legitimate purposes permitted by applicable law.

LINKS TO OTHER WEBSITES

Please be aware that this website may contain links to other sites that will not follow the same Privacy Policy as Baja Designs. Clicking on an advertisement or on links or other elements on the website may take you to an entirely different website. These websites may send their own cookies to you and may collect data and make use of that data in ways that Baja Designs would not. Once you have left this website, this Privacy Policy will no longer apply to any personal information or any other data collected from or provided by you. You should review the applicable privacy policy to determine how that other website will handle such data.

DATA SECURITY

While we strive to protect your personal information, we cannot ensure or warrant the security of any personal information you transmit to us. Any such transmission is done at your own risk. Baja Designs takes reasonable security precautions to secure the personal information that you choose to provide us against loss, misuse, alteration or unauthorized access of such information. Unfortunately, no transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Baja Designs to intercept or access transmissions or private communications unlawfully.

SMS

www.bajadesigns.com 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.

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

INFORMATION FROM CHILDREN

By using this website you agree to respond truthfully and accurately about your age. Children under the age of 13 years are expressly prohibited from using the website, or submitting or providing any personal information on the website.

Notice to California Residents – Your California Privacy Rights (As Provided by California Civil Code section 1798.83).

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California Customer”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. California Customers may request further information about our compliance with this law by e-mailing info@bajadesigns.com or mailing us at: Baja Designs. 185 Bosstick Blvd. San Marcos, CA 92069, United States. Please note that we are required to respond to one request per California Customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

International Operations.

• Baja Designs and Bestop Premium Accessory Group companies are based, and this website is hosted, in the United States of America. If you are from a country outside of the United States of America with laws governing data collection, use, and disclosure that may differ from U.S. law and you provide personal information to Baja Designs, please note that any personal information that you provide to Baja Designs may be transferred to the United States of America. By providing your personal information, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in any terms and conditions related to the use of and access to the Platform.

CHANGES TO PRIVACY POLICY

This Privacy Policy is subject to occasional revision, and if we make any substantial changes in the way we use your information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our website or on our service. Any material changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site or on our service. These changes will be effective immediately for new users of our website or services. Please note that at all times you are responsible for updating your information to provide us with your most current e-mail address. In any event, changes to this Privacy Policy may affect our use of information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our website, or services, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

YOUR CHOICES; COMMUNICATION

If you have any questions or concerns about this Privacy Policy, please contact us directly and direct your inquiries to our Customer Service Department at:

Baja Designs

185 Bosstick Blvd

San Marcos, CA 92069

Or by email at info@bajadesigns.com

If Baja Designs needs, or is required, to contact you concerning any event that involves information about you, we may do so by email, telephone, or mail.

You may choose to provide us with your email address for the purposes of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional communications by following the unsubscribe instructions in emails that you receive from us. Although we will remove your name from our mailing list after receiving your request within the timeframe permitted by applicable law, you may still receive mailings from us that had been initiated prior to your name being removed. If you decide not to receive marketing communications, we may still send you transactional communications, such as those about your account, to fulfill orders you have made, or to ask you to rate the product you purchased.

You may have a right, in accordance with applicable laws, to access, update, correct, and in some cases requests deletion of the personal information that we hold about you. When updating your personal information, we may ask you to verify your identity before we can act on your request. Any access request will be subject to the relevant fee, if any, to meet our costs in providing you with details of the information we hold about you. We will comply with your request as soon as reasonably practicable and in accordance with applicable laws. We may need to retain certain information for recordkeeping purposes, as required under applicable legal obligations, or to complete any transactions that you began prior to requesting such change or access.

Baja Designs retains your personal information:

For so long as your Account is active or as needed to provide you with Services or to fulfill our contractual obligations;
As necessary to comply with our legal obligations, resolve disputes, and enforce our agreements; and
For so long as is necessary for the purposes for which we collected such personal information.
We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Baja Designs are unable to reach a resolution to the dispute, except for disputes from individuals from the European Union, European Economic Area, and Switzerland handled through the Privacy Shield dispute mechanisms above, you and Baja Designs will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) as set forth in the Terms of Use.

Notice to Residents of the European Economic Area.

This section applies only to residents of the European Economic Area.

In accordance with applicable data protection laws, you may have the right to request: access to, rectification, and erasure of your personal information; restriction of processing of personal information; objecting to certain processing of personal information; and the right to data portability. Where any processing of personal information is solely dependent upon your consent, you have the right to withdraw such consent at any time (For example, we suggest by using the any unsubscribe link contained in an applicable marketing message, or, emailing us at the “Communications” details below). Where you believe that we have not processed your personal information in accordance with applicable data protection laws, you may lodge a complaint with the respective supervisory authority or data protection regulator. The provision of personal information by you will be for contractual, marketing, or analytical purposes as referred to in this Privacy Policy. If we do not have access to such personal information from you, then we will not be able to undertake certain Services for you. We may withhold information where the search for that information would require disproportionate effort or have a disproportionate effect to, for example, the cost of providing the information, the time it would take to retrieve the data, or how difficult it may be to obtain the information requested. To exercise your rights under these provisions, please contact us at the “Communications” details below. When we receive your requests, we may ask you to verify your identity before we can act on your request.

Bestop, Inc. and its subsidiaries, including Baja Designs, comply with the US-EU and Swiss-US Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use, and retention of transferred from the European Union and Switzerland to the United States. Bestop, Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. Bestop, Inc.’s participation in the Privacy Shield applies to all personal data that is subject to this policy and is received from the European Union, European Economic Area, and Switzerland. Bestop, Inc. is responsible for the processing of such personal data it receives under the Privacy Shield Frameworks and subsequent transfers to a third party acting as an agent on its behalf. In particular, Bestop, Inc. remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Bestop, Inc. proves that it is not responsible for the event giving rise to the damage.. The Federal Trade Commission (FTC) has jurisdiction over Bestop, Inc.’s compliance with the Privacy Shield. In compliance with the Privacy Shield Principles, Baja Designs commits to resolve complaints about your privacy and our collection or use of your personal information. EU and Swiss individuals with questions or concerns about the use of their personal data, or with questions about how you can access your data, should contact us at info@bajadesigns.com. If a customer’s question or concern cannot be satisfied through this process Baja Designs and Bestop, Inc. have further committed to refer unresolved privacy complaints under the Privacy Shield to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus in the United States. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by Baja Designs or Bestop, Inc., EU and Swiss individuals may bring a complaint before the BBB Online Privacy Shield dispute process. Information about how to file a complaint before the BBB Privacy Shield program can be found at: www.bbb.org/EU-privacy-shield/for-eu-consumers/. The BBB services are provided at no cost to EU and Swiss individuals. Finally, as a last resort and in limited situations, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.