Mountain Hardwear Privacy Policy

Last Updated: March 24, 2011

This privacy policy ("Policy") explains how your personal information is collected, used, and disclosed by Mountain Hardwear, Inc., its parent, subsidiaries or affiliated companies (“Mountain Hardwear” or “We”). Unless we otherwise indicate, this Policy applies to all personal information collected by Mountain Hardwear from any source, including information collected through our online services and activities, including this Website (collectively, "Sites"), and at retail locations. This Policy will not apply where we display or link to a different privacy policy.

PERSONAL INFORMATION COLLECTED

We collect information from you in various ways. We collect personal information you directly provide to us online, in our stores and through your other interactions with us. For example, we collect your name, email address, postal address, phone number, fax number, demographics and other information you provide us or allow us to collect from you. We also collect credit card numbers if you purchase our products and services. We may also obtain information from other sources and combine that with information we collect from you.

When you visit our Sites, some information is automatically collected. For example, when you visit our Sites your computer's operating system, Internet Protocol (IP) address, access times, browser type and language, and referring Web site addresses are logged automatically. We also collect information about your usage and activity on our Sites.

Cookies. We may automatically collect information using "cookies." Cookies are small data files stored on your hard drive by a Web site. Among other things, cookies help us improve our Sites and your experience. We use cookies to see which areas and features are popular and to count visits to our Sites. If you set your browser not to accept cookies or if you reject a cookie, it may affect certain features or services of our Sites.

Web Beacons. We may collect information using Web beacons. Web beacons, or "gifs," are electronic images that may be used on our Sites or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.

We use third party cookies and web beacons to help us compile aggregated statistics about our Sites. We receive assurances from those third parties that they will not collect or access your personal information on our Sites.

THIRD PARTY ADVERTISEMENTS

We may also use third parties to serve ads on our Sites. Certain third parties may automatically collect information about your visits to this and other Web sites, your IP address, your ISP, the browser you use to visit our Sites. They do this using cookies, clear gifs or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Sites and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, cookies or clear gifs in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit http://www.networkadvertising.org/managing/opt_out.asp.

USE OF PERSONAL INFORMATION WE COLLECT

We use personal information we collect for purposes described in this Policy or as disclosed to you in other ways including on our Sites, in our stores, or in connection with our services. For example, we may use your information to:

• provide and deliver products and services;
• send you information related to products and services, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
• communicate with you about new contests, promotions and rewards, upcoming events, and other news about products and services offered by Mountain Hardwear and our selected partners;
• operate and improve our Sites and services;
• process and deliver contest entries and rewards;
• manage and administer our community features and member programs and services;
• respond to your comments and questions and provide customer service;
• link or combine with other personal information we get from third parties, to help understand your needs and provide you with better service.

Mountain Hardwear may store and process personal information in the United States and other countries.

SHARING OF PERSONAL INFORMATION

Certain sections of our Sites are designed as open and public community areas for connecting and sharing with other people. When you sign up for or participate in these areas you will be asked to provide certain information that may be displayed publicly along with photos, stories, posts, and other information you choose to provide. We may also post or publish your information when you submit comments, stories, photos, and videos in connection with surveys, contests, sweepstakes, or promotions offered on the Sites.

We do not otherwise share your personal information with third parties except as follows:

• in an aggregated or anonymized form that does not directly identify you;
• with your consent, for example, when you agree to our sharing your information with other third parties for their own marketing purposes subject to their separate privacy policies;
• with third party vendors, consultants and other service providers who are working on our behalf and need access to your information to carry out their work for us;
• to (a) comply with laws or respond to lawful requests and legal process, (b) to protect the rights and property of Mountain Hardwear our agents, members, and others including to enforce our agreements, policies and terms of use or (c) in the good faith belief that disclosure is needed to respond to an emergency or protect the personal safety of any person; and
• in connection with any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company.

SECURITY OF YOUR PERSONAL INFORMATION

Mountain Hardwear takes reasonable measures to protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction.

YOUR INFORMATION CHOICES AND CHANGES

You may opt out of receiving promotional emails from Mountain Hardwear by following the instructions in those emails. If you choose to opt out of promotional emails, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. You may also send requests about your contact preferences, changes to your information or our Policy or privacy practices by writing us at:

Mountain Hardwear, Inc.
Attn: Ecommerce
1414 Harbour Way South
Ford Point, Suite 1005
Richmond, CA 94804

CHANGES TO THIS POLICY

Mountain Hardwear may change this Policy from time to time. If we make any changes to this Policy, we will change the "Last Updated" date above.

Mountain Hardwear complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Mountain Hardwear has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Mountain Hardwear’s certification, please visit http://www.export.gov/safeharbor/