Last Updated: November 28, 2024
This Privacy Policy (“Policy”) describes how Arc’teryx collects, uses, discloses, and otherwise processes information about you, along with the privacy rights and choices available to you. “Arc’teryx” or “we” refers to Arc’teryx Equipment, a Division of Amer Sports Canada Inc., having its registered office at #110 - 2220 Dollarton Hwy, North Vancouver, BC, V7H 1A8, and our subsidiaries and affiliates. Arc’teryx is part of the Amer Sports group.
This Policy applies to personal data we collect when you use our products, websites, or applications or participate in product testing, user communities, or other types of services offered by Arc’teryx (collectively, our “Services”). It also applies to personal data we collect from you in our stores, when you interact with our customer support team, or participate in our events, promotions, or campaigns. When we talk about “personal data”, we mean information that allows us to identify you either straight away or by combining it with other information. This could include your name, your telephone number, your customer number, order numbers, or your email address. When we talk about “processing” your data, we are referring to action(s) we take with your data, whether automated or manual. This could include, for example, collecting, recording, organizing, storing, using, disclosing by transmission, or destroying your personal data.
If you have any questions regarding this Policy or our data privacy practices, you can reach out to our Privacy Team at privacy@arcteryx.com.
TABLE OF CONTENTS
- What data does Arc’teryx collect?
1.1. Technical Information
1.2. Information you provide to us
1.3. Your transactions with us
1.4. Audio and video recordings
1.5. Location data
1.6. Data obtained from third parties or via third-party platforms - How and why is Arc’teryx processing my data?
- How does Arc’teryx use my data for advertising?
- Who is my data disclosed to?
4.1. Arc’teryx group companies
4.2. Service providers and other authorized third parties
4.3. Mergers, acquisitions, business transactions, and transfers
4.4. Other disclosures - When will my data be deleted?
- How is my data protected?
- What are my data privacy rights?
7.1. Rights under applicable laws
7.2. Complaints to supervisory authorities
7.3. Opting out of e-mail/ SMS based marketing - Third-Party Links
- Our Contact Details
- Changes to this Privacy Policy
- Terms specific to certain jurisdictions
11.1. International transfers
11.2. Canada
11.3. France
11.4. United States of America
1. What data does Arc’teryx collect?
Summary: In this section, we explain the types of personal data we collect about you and how we collect this data. This includes information we collect automatically when you visit our websites and app (Section 1.1) as well as information that you provide to us directly (Section 1.2). We also collect transactional data to process payments and fulfil orders (Section 1.3) and when you visit our stores or call customer support (Section 1.4). If you use our app, we may collect your precise location, but only if you have given us your consent to do so (Section 1.5). We also receive your information from some third parties, and if you connect with us on social media (Section 1.6).
1.1. Technical Information
We automatically collect certain technical information to understand your interactions with our websites and app, including browsing behaviour, purchase behaviour, and other engagement with our Services. Such information may include your IP address, access times, the website you linked from, pages you visit, the links you use, the content you view, unique device identifiers, browser type, app version, and other technical information from your browser or device. We collect this information using cookies, pixels, session replay, and equivalent technologies. Please also see our Cookie Policy here for more information about these technologies.
1.2. Information you provide to us
When you use or register for our Services, including to test our products, make a purchase, enter a sales promotion, sign up for our marketing emails, submit a query, contact customer support service, or otherwise interact with us, we collect information. This information may include your name, email address, street address, username for your Arc’teryx account, pictures you upload, or other information you choose to provide. We use this information to authenticate you, provide you with services you requested, communicate with you, or for training purposes. Additionally, we may collect demographic information, such as your age, gender, and language preferences. We may, in accordance with applicable law, record your communication with our customer support team or with other similar contact points.
We may also collect other information you provide to us, such as your consents, preferences, and feedback.
1.3. Your transactions with us
If you make a purchase, we collect information such as delivery details, purchasing details (including payments made, credit card details, billing address, credit checks, and other such financial information), details of agreements between you and Arc’teryx, and other such transactional information.
1.4. Audio and video recordings
We capture photographs and video recordings in our stores for security and loss prevention purposes. If you contact customer support using our chat service or by phone, we may monitor and retain those conversations for training purposes.
1.5. Location data
We infer your approximate location from your IP address. With your consent, we also collect information about your precise geolocation when you use our mobile app. You may revoke your consent at any time and stop the collection of this information by changing the preferences on your mobile device.
1.6. Data obtained from third parties or via third-party platforms
We collect certain personal data from third parties, including our advertising partners, publicly available sources, and other third parties. This may include personal data such as credit information and address information updates.
When you interact with us on social media, we collect information about your interaction with our content (e.g., content viewed, shown, or clicked on, and social media handles). When we maintain pages or accounts on social media platforms such as Facebook or Instagram, the social media platform operators collect personal data on persons visiting these sites via cookies and process such data as data controllers.
If you use third-party sizing services on our Services, we may receive information about your body measurements and recommended size from the third party we partner with to provide sizing information.
We may also collect information from other users of our Services, such as if another user purchases a product that they wish us to send directly to you.
2. How and why is Arc’teryx processing my data?
Summary: This section describes how and why Arc'teryx processes your personal data. We also describe the legal basis of processing for each activity, which is a set of reasons why Arc’teryx can legally process your personal data.
We process your personal data for the purposes below (note that one or more purposes may apply at the same time):
- Provide Services to you: Provide you with the service you have requested and fulfil your other requests, such as providing customer support, processing your order, or otherwise performing the contract you have with us.
Legal basis: fulfilling our contractual obligations - Create and administer your online accounts.
Legal basis: fulfilling our contractual obligations - Financial administration: Accounting, tax and bank management, issuing invoices, and cashing.
Legal basis: Meeting our legal obligations - Fraud detection: Prevent and detect fraud or other misuses.
Legal basis: Meeting our legal obligations and our legitimate interest in fighting fraud - Communicate with you:
- Send you personalized information about promotions, offerings, and our features by email, SMS, online ads, push notification based on your profile, interests, and recent interactions with us.
Legal basis: your consent - Respond to your inquiries, provide information relating to our products and/or services you are using, and contact you about your online account.
Legal basis: our legitimate interest in communicating important information and responding to your enquiries - Allow you to post reviews
Legal basis: our legitimate interest in informing users about the features of our products and services
- Send you personalized information about promotions, offerings, and our features by email, SMS, online ads, push notification based on your profile, interests, and recent interactions with us.
- Customer support: Record conversations to improve customer support services and to train our staff during telephone contacts with our customer support team.
Legal basis: our legitimate interest in improving services and training staff - Legal compliance: Identify, investigate, and prevent customer activities that may violate our terms and conditions or otherwise be illegal. We will use data in connection with legal claims, compliance, regulatory, and investigative purposes as necessary including disclosing such information in connection with legal process or litigation.
Meeting our legal obligations and our legitimate interest in protecting our assets and other compliance interests - Whistleblowing: Process and investigate a notification we receive via our website whistleblowing channels.
Meeting our legal obligations - Marketing: Send marketing messages, emails, newsletters, if you have subscribed to such messages or consented to receiving them.
Legal basis: your consent - Personalization: Personalization for purposes such as targeted direct marketing, including automated processing of your personal data to evaluate, analyze, or predict your personal preferences or interests to, for example, send you marketing messages concerning products or services best suitable for you. We may also create aggregate and statistical information based on your personal data.
Legal basis: your consent - Third-party advertisement services: Display to you and other individuals that have similar interests personalized promotional and commercial by using third-party advertising platforms such as Facebook or Google.*
Legal basis: your consent - Market research: Carry out statistical studies, conduct market research based on segments, and other general business analysis. We may process personal data to develop our products and/or Services and to better understand our customers’ behaviour or preferences. Where technically feasible, we use aggregate and statistical information for these purposes and aim to minimize using data directly identifiable to you.
Legal basis: our legitimate interest in getting to know you better and improving our services - Business operations: Business improvement, prognosis, and reporting. We use some personal data to help us operate our business through using data to create accurate financial and other reports, making business forecasts, and conducting audits or other internal functions.
Legal basis: our legitimate interest in getting to know you better and improving our services - Website analytics: To understand website usage and improve operation using cookies and other similar technologies.*
Legal basis: your consent - Website/content personalization: To offer personalised content and offers on website that you are likely to be interested in, based on the cookies installed.*
Legal basis: your consent - Develop our products and services:Allow you to voluntarily complete questionnaires, surveys, or tests relating to our products and Services.
Legal basis: your consent
* For more information, please see our Cookie Policy here.
3. How does Arc’teryx use my data for advertising?
Summary:Arc’teryx works with other companies to show ads and understand how well the ads work. We use technology like cookies (small data files) and pixels (tiny image files) to collect information about what you do online and serve you ads that are more tailored to your interests. This section explains how we use personal data for advertising. There is more information below on how to opt out of these practices.
We engage partners to provide analytics services, serve advertisements, and perform related services across the web and in mobile applications. To do this, Arc’teryx and these partners may use cookies, pixels, SDKs, device identifiers, and other technologies to collect information about your use of our Services and other websites and mobile apps, including your IP address, web browser and mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, order information, items added to cart, and conversion information. This information is used to deliver advertising targeted to you on other companies’ sites or mobile apps, understand the effectiveness of this advertising, analyze and track data, determine the popularity of certain content, and better understand your activity. Depending on where you reside, you can opt out of ad targeting through cookies and similar technologies on our website by following the prompts in the Cookie Preference Center link in the site footer. Your opt-out choice will be linked to your browser only; therefore, you will need to renew your opt-out choice if you visit our website from a new device or browser, or if you clear your browser’s cookies.
In addition to ad targeting activities that rely on cookies and similar technologies, we work with advertising partners to translate other identifiers, such as your email address or phone number, into a unique identifier (called a hashed value) that such partners can then use to show ads promoting Arc’teryx that are more relevant to you across the web and in mobile apps. Depending on where you reside, you may opt out of these disclosures by sending an email to privacy@arcteryx.com.
You can also learn more about interest-based ads, or opt out of having your web browsing information used for behavioural advertising purposes by companies that participate in the Digital Advertising Alliance, by visiting www.aboutads.info/choices or www.youronlinechoices.eu (if you reside in Europe) or https://youradchoices.ca (if you reside in Canada). Your device may also include a feature that allows you to opt out of having certain information collected through mobile apps used for behavioural advertising purposes.
The activities described in this section may constitute “targeted advertising”, “sharing”, or “selling” under certain privacy laws. See Section 11.4 below for details.
4. Who is my data disclosed to?
Summary: In this section we explain why and to whom we disclose personal data. As we are a group company, we share personal data with our affiliates (Section 4.1). We also share personal data with service providers that provide certain services to us (Section 4.2). We may also transfer personal data for business reasons (Section 4.3) or where required by law (Section 4.4).
4.1. Arc’teryx group companies
Arc’teryx discloses information to Arc’teryx affiliates (which may include other Amer Sports group companies) for the purposes set forth in this Policy. The purposes may include, for example, billing and delivery of your purchases, providing services such as customer support services, developing and maintaining digital solutions, and managing, analyzing, and personalizing your experience as set forth above. Other companies or brands in the Amer Sports group will not send you direct marketing, unless you separately subscribe to marketing messages from these companies or brands.
You can find information on all Amer Sports group brands at Amer Sports’s website here.
4.2. Service providers and other authorized third parties
We may transfer your personal data to authorized third parties who process personal data on our behalf for the purposes described in this Policy, such as technical, logistics, e-commerce, marketing, invoicing, and payment service providers. Some service providers, such as a payment service provider, process your personal as data controllers and their services are subject to their own privacy policies.
4.3. Mergers, acquisitions, business transactions, and transfers
We may disclose and/or transfer your personal data to relevant parties in connection with, or during negotiations of, certain corporate transactions including merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company. In such cases, we may disclose your information to prospective or actual purchasers and their advisors.
4.4. Other disclosures
We may disclose and otherwise process your personal data in accordance with applicable laws to defend Arc’teryx’s legitimate interests, for example, in civil or criminal legal proceedings. Your personal data may be shared with government authorities, regulators, and/or law enforcement officials if required for the purposes above, if mandated by law.
5. When will my data be deleted?
Summary: We try to keep personal data current, and we delete data that is old or wrong. We will keep personal data for only as long as we need to, or if required by law. Once we no longer need your personal data, we will either delete it or “anonymize” it so that it cannot be used to identify you.
We take reasonable steps to keep the personal data we possess accurate and up-to-date and to delete outdated, incorrect, or unnecessary personal data. Some of our Services may allow you to manage your profile and the information in such profile. We encourage you to access your personal data via your profile from time to time to ensure that it is correct and up to date. For Services where you may manage your profile, you are responsible for providing us with correct details and for updating your personal data in case of any changes.
We store your personal data only for a period necessary to fulfil the purposes stated in this Policy or as required by applicable laws. After the personal data is no longer needed or required to be stored under applicable laws, it will be deleted or permanently anonymized.
6. How is my data protected?
Summary: We work hard to keep personal data safe by using various technical tools and measures.
We implement technical and organizational measures designed to prevent and minimize risks associated with processing your personal data. Such measures include, where appropriate, using firewalls, secure server facilities, encryption, implementing access controls, carefully selecting processors and sub-processors, training our personnel involved in the processing, and other necessary measures to provide appropriate protection for your personal data against unauthorized use or disclosure. Where appropriate, we also make back-up copies and use other such means to prevent accidental loss or destruction of personal data. If a particular part of our Services supports online transactions, we will use an industry-standard security measures, such as ones available through Secure Sockets Layer, to protect the confidentiality and security of online transactions.
7. What are my data privacy rights?
Summary: You have some legal rights when it comes to the personal data we have about you. If you want to exercise these rights, you can reach out to us with your details (Section 7.1). If you believe we do not comply with applicable privacy laws, you can also complain to government authorities that enforce privacy laws (Section 7.2). Lastly, if you do not want marketing emails or texts from us, you can choose to opt out (Section 7.3).
7.1. Rights under applicable laws
Applicable data privacy laws guarantee several rights to you in relation to your personal data being processed by us. Depending on where you reside, you may have the following rights:
- Request information and access to the data we have collected from and about you.
- Request that we rectify or delete any incomplete, incorrect, or outdated data we hold about you. However, we cannot delete data that is necessary for compliance with legal obligations or if the data must be retained according to applicable laws.
- Request and receive the data we have collected about you in a commonly used and machine-readable form.
- Request restriction of processing of personal data.
- Right to object to personal data being processed for direct marketing purposes, sending promotional materials, or for the performance of market research.
- Right to withdraw your consent where personal data is processed based on your consent.
To exercise any of the rights mentioned above, please contact us through the contact point referred in this Policy. When you contact us, please state the reason why you are contacting us (e.g. you wish to request a copy of your personal data, or to update your personal data) and information that will help us to identify you. We may also request additional information from you to properly identify you so we can fulfil your request. Applicable law may contain additional restrictions and other provisions that relate to your rights above.
7.2. Complaints to supervisory authorities
If you have concerns about our processing of your personal data, we encourage you to contact us in the first instance. However, if we are not able to resolve your concerns, you have the right to file a complaint with the local supervisory authority where you reside.
7.3. Opting out of e-mail/ SMS based marketing
You may opt out of brand marketing e-mails or SMS messages by following the guidance in those communications (for emails, this is typically provided via an “unsubscribe” link) or by contacting Arc’teryx via e-mail or on our website.
If you opt out, we may still send you non-marketing e-mails, such as service notifications, business-related information, or other information.
8. Third-Party Links
Our products or services may also contain links to other companies’ websites and other third-party services that have privacy policies of their own. We recommend that you carefully read the privacy policies of such services. Arc’teryx is not responsible for the privacy practices or contents of any such third-party services.
9. Our Contact Details
The main data controller responsible for processing your personal data according to this Policy is:
Arc’teryx Equipment, a Division of Amer Sports Canada Inc.
#110 – 2220 Dollarton Highway
North Vancouver, BC
Canada V7H 1A8
Attn: Arc’teryx Privacy
1-866-458-2473
You may contact us via the contact details given above, or via email at privacy@arcteryx.com.
As stated previously, Arc’teryx is a member of Amer Sports group. One or more of the other Amer Sports group entities may also process your personal data (for purposes stated in this Policy) as data controllers either independently or jointly with Arc’teryx. For more information on these Amer Sports group entities, please contact Arc’teryx via the above contact methods, or you can contact the relevant Amer Sports group entity directly at https://www.amersports.com/.
10. Changes to this Privacy Policy
We may periodically update and revise this Policy. If we make changes, we will notify you by revising the date at the top of this Policy. If we make material changes, we will provide you with additional notice such as by adding a statement to the website or by sending you a notification.
11. Terms specific to certain jurisdictions
Summary: Arc’teryx operates in some countries where you may have additional rights in relation to your personal data or where additional disclosures are required. We have listed below the relevant additional rights and disclosures that may apply.
11.1. International transfers
We may use resources and servers located in various countries around the world to provide services to you. Therefore, your personal data may be transferred outside the country where you use our Services, including to countries outside the European Economic Area (EEA) or Japan. These countries may include countries such as the USA. In such cases we take steps to ensure to the best of our capabilities the adequate protection of your personal data. For international transfers of your personal data, we generally rely on safeguards such as the Standard Contractual Clauses of the European Commission or contractual agreements. If you wish to know more about international transfers, you may contact us via the contact details given below.
11.2. Canada
If you are a Canadian resident, this section applies to you.
Consent
By submitting personal information to Arc’teryx, our service providers, or our agents, you consent to the collection, use, disclosure, and transfer of your personal information in accordance with this Policy and as permitted or required by law.
You may withdraw your consent at any time to the collection, use, disclosure, or transfer of your personal information by contacting Arc’teryx as set forth in Section 9 above. If you withdraw your consent (or if you decide not to provide certain personal information), you acknowledge that Arc’teryx may not be able to provide you, or continue to provide you, with certain products, services, or information that may be of value to you.
Canada’s Anti-Spam Law (CASL)
Arc’teryx will only send you commercial electronic messages (“CEMs”) where we have your express or implied consent to do so. Your consent to receive CEMs is implied where we have an existing business relationship with you, or you have reached out to us and made an inquiry at a certain point. You may unsubscribe from receiving CEMs at any time, by clicking the unsubscribe button on an email. If you opt out, we may still send you non-promotional messages, such as those relating to your account or our ongoing business relations.
11.3. France
You have a right to define guidelines relating to the fate of your personal data in the event of your death.
11.4. United States of America
If you reside in the U.S., please see our U.S. State Privacy Notice here for additional disclosures that apply to you, along with our California notice at collection.