OCR US Holdings LLC (“Tough Mudder”, “us”, “we”, “our”) is strongly committed to protecting the privacy of your personal information. The policies below are applicable to OCR US Holdings LLC’s website, ToughMudder.com (the “Website”), regarding its collection of your personal information.
2. YOUR ACCEPTANCE
4. INFORMATION WE MAY COLLECT
Except as disclosed below, we do not sell, barter, give away, or rent your Personal Information (defined in Section 4(a) below).
An online credit card transaction may be required in order to complete certain purchases of products and/or services on the Website. During this process, we generate and collect certain personally identifiable information, which includes, but may not be limited to: first and last name, first and last name of the credit card owner, credit card billing address, credit card number, credit card security code, credit card expiration date, shipping address, telephone number and email address. You also may have the opportunity to permit us to maintain this information in a personal profile for you so you do not have to re-enter the information each time you make a purchase.
- (b) Aggregated Information. When you interact with our Website, we may collect certain non-personal information. For example, our servers keep an activity log that tracks all visitors to the Website. The information in the activity log does not identify you individually, but may include (among other data): your IP address, your registered domain or home server, time of access, date of access, web page(s) visited, number of clicks, software crash reports, type of browser used, session identification number, search terms, search results, access times and referring website’s address(es).
Click-stream data is information collected by our computers when you request web pages from the Website. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such non-personal information. This data helps us analyze how visitors arrive at the Website, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising and the like.
5. HOW WE MAY USE YOUR INFORMATION
(i) If you fill out a Media Profile Survey, we may share your Personal Information with members of the media and other third parties for marketing and promotional purposes.
(ii) If you fill out a Tough Mudder Universe Survey, we may post certain Personal Information about you in the “Participant Profiles” portion of our Website and may share it with third parties for marketing and promotional purposes. We will not post your contact information on our Website, but please be careful about what you disclose to us and do not disclose any information that you expect to keep private.
(iii) If you fill out a survey expressing interest in volunteering for and/or hosting a Tough Mudder event or if you request to receive posters or our newsletter, we may use your Personal Information to contact you and may share your Personal Information with third parties for purposes of fulfilling your request.
- (c) Use of Anonymous Information. We may use anonymous information to help us determine how you use parts of the Website and how we can improve our Website. We may also use anonymous information to provide information in aggregated form to our partners and other third parties about how our users collectively use the Website. We may also use or share anonymous information (or other information, other than Personal Information) in any other manner that we decide is appropriate or necessary.
- (e) Emergency Situations. We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to applicable law or comply with legal process served on us or the Website; (b) protect and defend the our rights or property, the Website or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Website or the public. In addition, certain business transitions, such as mergers, acquisitions, liquidation or sale of all or a portion of Tough Mudder’s assets, may require the disclosure and/or transfer of your personally identifiable information.
7. LINKING TO OR FROM OTHER WEBSITES
8. GOVERNING LAW
9. CALIFORNIA RIGHTS
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information by us to a third party for the third party’s direct marketing purposes. To make such a request, please contact us at [email protected].
We may sell, transfer or otherwise share some or all of its assets in connection with a merger, reorganization or sale of assets, or in the event of bankruptcy. In such an event, Personal Information may be one of the assets transferred.
11. CHANGES TO THIS POLICY
12. MANAGING YOUR INFORMATION/OPTING-OUT
It is possible for you to use many features of the Website without giving us any personally identifiable information. While we believe our disclosure of your personally identifiable information will result in opportunities that may be of interest to you, you may always opt-out of receiving future e-mail messages and newsletters from us, request that your information be removed from our Website, or to not give your information to any third party by opting out (except as required by law). To make such a request, you can send us a message at [email protected]. Please provide us a commercially reasonable time to remove your Personal Information from our website. However, you should be aware that under some circumstances, we may not be able to fulfill a purchase on this Website without your Personal Information.
13. LIMITATION OF LIABILITY
By providing us with any personally identifiable information, you expressly and unconditionally release and hold harmless Tough Mudder, its affiliated entities and their directors, members, shareholders, partners, officers, employees, agents, contractors and other representatives from any and all liability for any injuries, loss or damage of any kind directly or indirectly arising from or in connection with any use and/or misuse of your personally identifiable information collected or received by Tough Mudder directly or indirectly through the Website, including without limitation any such personally identifiable information provided by Tough Mudder to third party companies, business partners, advertisers and sponsors.