Update: Our Privacy Policy has recently been updated on January 14th, 2025.

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Privacy Policy

Updated: 01/14/2025


INTRODUCTION

This privacy policy (“Privacy Policy") describes how Rocky Mountain ATV, Inc., doing business as Rocky Mountain ATV/MC (“RMATV," "we," "us," or "our"), collects, uses, and shares the personal information about you, as well as your rights and choices. This Privacy Policy applies to any online location and mobile applications offered by us that links to this Privacy Policy (the “Service”) and offline locations that make this Privacy Policy available to you.

If you are a California resident, please see the “Additional Disclosures for California Residents” section below.

If you are a resident of Colorado, Connecticut, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, Virginia, or any other state that enacts a materially similar privacy law to the states referenced, please see the “Additional Disclosures for Colorado, Connecticut, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia Residents” section below.

If you have any questions or wish to exercise your rights and choices, please contact us as set out in the “Contact Information” section below.

QUICK LINKS


PERSONAL INFORMATION THAT WE COLLECT

RMATV collects personal information from you when you use the Service or when you interact with us offline. This information may be directly provided to us by you or collected automatically by us from you, as further explained in this section.

A. Information You Directly Provide to Us

We collect personal information when you or your employer or organization register an account with us, when you visit our website, when you use our software, services or products, participate in a feature of our website that requests or requires your personal information, and when you otherwise transact business with or communicate with RMATV. The following categories of information may have been directly collected from you:

  • Contact information, including name, physical and mailing address, telephone number, fax number, company, email address, and other contact information that you voluntarily transmit with your communications to us;

  • Demographic information, including age, height, weight, and gender;

  • Account information, including email and password, wish list items, apparel and machine profiles, rebate history, and designated areas of interest such as dirt bike interests, ATV/UTV interests, and street vehicle interests;

  • Payment information, including credit card type or number or bank account number. However, please note that RMATV and our employees will not have access to payment data or store such data on our servers. Your payment card information, such as account numbers, is collected and processed via a third-party vendor that specializes in payment processing and has committed to PCI DSS compliance;

  • Purchase data, including your purchasing history and order information;

  • Communications content, such as any messages you send to us, feedback and questions to customer support, information you publicly post on our websites or other websites (such as product reviews or blog comments), email messages, recordings of calls with customer service or other RMATV representatives, and interactions with us on our social media channels, by telephone or in person;

  • Interest profiles, including set profiles related to apparel and recreational vehicle interests;

  • Regulatory information to satisfy regulatory obligations such as tax and other reporting obligations.

You may choose to voluntarily provide other information to us that we do not request, and, in such instances and situations, we have no control over what categories of personal information such disclosure may include. Any additional information provided by you to us is provided at your own risk.

B. Information Collected Automatically

When you visit our websites, information about your electronic device is automatically collected, including your IP address, browser type, domain name, access times, geographic location, referring website address, and other technical information. The categories of information we automatically collect includes:

  • Service use data, including data about features you use, pages you visit, products and services you view and purchase, the time of day you browse, and your referring and exiting pages;

  • Device data, including data about the type of device or browser you use, operating software, internet service provider, device identifiers such as IP address, language preferences, and whether or not you use screen reader technology;

  • Log files, which are files that record events that occur in connection with your use of the Service;

  • Cookies, which are small data files stored on your device that act as a unique tag to identify your browser; and

  • Pixels (also known as web beacons), which are types of code embedded in a website, video, email, or advertisement that sends information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code).

To learn more about how we use cookies and pixels, please see the section titled “Cookies and Other Tracking Technologies” below.

C. Information Collected from Third Parties

The following categories of third parties may have provided information about you to us:

  • Service Providers. We use a variety of third-party companies to provide you with our website, products, and services. From time to time, we may collect information about you from those third parties, including for order fulfillment and fraud protection purposes, credit checks, address verification, account authentication and verification, and other related business and commercial purposes.

  • Business Partners. We engage with business partners that may offer co-branded services, assist with the sale or distribution of products, or engage in joint marketing activities. When we engage with a business partner in joint activities, we may exchange certain customer information related to individuals that interacted with the joint activity. Such information shared and received may include the individual’s email address, name, and phone number.

COOKIES AND OTHER TRACKING TECHNOLOGIES

RMATV uses tracking technologies such as cookies and pixels to collect information from your web browser through our servers or filtering systems when you visit our website(s).

A. Cookies

What Are Cookies? A cookie is a small file containing a string of characters that is sent to your computer or device when you visit a website or use an online service. The cookie then communicates with servers, ours (e.g., first-party cookies) or those of another third party (e.g., third-party cookies) that we have authorized to place on our websites. When you visit our websites again, the cookie allows us to recognize your browser or device. Cookies may store unique identifiers, user preferences, and other information. To find out more about cookies, including how to manage and delete cookies through browser settings, visit www.allaboutcookies.org.

How Long Do Cookies Last? We may use “session cookies” or “persistent cookies.” Session cookies are temporary and expire once you close your browser or once your session ends. Persistent cookies remain on your device for much longer or until you or your browser erases them. Persistent cookies have varying durations that are dependent on their expiration date.

What Types of Cookies Do We Use?

  • Necessary Cookies. These cookies are necessary for you to browse the websites and use their features, such as accessing secure areas of the websites. Without these cookies, certain aspects of the websites may not be available to you.

  • Preferences Cookies. These cookies collect information about how you have used the websites in the past and allow the websites to remember the choices you have made. These cookies allow us to improve how the websites work for you and tailor the websites to your preferences.

  • Marketing Cookies. These cookies track your online activity to help deliver advertisements that are relevant to you and your interests and measure the effectiveness of the advertising campaigns. They also limit how many times you see a certain advertisement. We may share the information collected through these cookies with others, such as advertisers.

B. Pixels (Web Beacons)

Our websites and email communications may contain small electronic files known as beacons (also known as web beacons, clear GIFs, pixel tags, and single-pixel GIFS), including third-party JavaScript code (see https://en.wikipedia.org/wiki/Web_beacon), that permit us, for example, to count users who have visited those pages or opened an email communication, and for other related statistical analysis. Beacons in email marketing campaigns allow us to track your responses and your interests in our content, offerings, and websites. You may use the tools in your device to disable these technologies as well.

HOW WE USE YOUR INFORMATION

We process your personal information for the following business purposes:

  • Selling you our products and services. These purposes include selling recreational vehicles and other related/associated products; addressing customer service issues and warranty claims; processing sales leads, quotes, invoices and payments; collecting debts; planning and conducting marketing activities, tradeshows, trials, consultations, seminars, webinars, and demonstrations; responding to inquiries; conducting web analytics, fulfilling orders, security monitoring, and business operations and administration; and addressing tax and other regulatory requirements.

  • Operating our online presence and for product and service materials. These purposes include operation of our website, remote management, education and information services, training, communication, customer service, system monitoring, and data security. We use information collected to facilitate the use of website and software features and related services, including services provided by third-party providers. We also use information collected to communicate with our customers and users to inform them of information that may be helpful or informative to them.

  • Analytics and Services improvements. We use analytic services to understand how people are using our Service, and to improve our Service.

  • Marketing. RMATV may send users and prospective customers marketing communications to inform them of new products, promotions, or other special events or offers that might be of interest to them, which may include information about products of companies that we partner with (“Special Offers”). When you register for one of our products or submit an online inquiry, you consent to receiving communications about our Special Offers. In connection with Special Offers, we may ask for contact information. If you would like to stop receiving information about Special Offers from RMATV, please see the section titled “Your Rights and Choices” below.

  • For the protection of RMATV and others. RMATV may use your personal information if we, in good faith, determine that you have used the service to menace, threaten, harass, intimidate, or otherwise deceptively pose as another person, or in any other way in violation of law. In other words, if you attempt to use the website or purchase or use a product for any unlawful means, you have no expectation of privacy, and we may use and disclose any and all information for the protection of RMATV and others.

  • Pursuant to law, rule, or regulation. If required or permitted to do so by law or if, in good faith, RMATV believes that such action is necessary to: (1) comply with laws and regulations or with legal processes; (2) protect and defend RMATV’s rights and property or prevent fraud; (3) protect RMATV against abuse, misuse or unauthorized use of RMATV’s products or services; (4) protect the personal safety or property of our personnel, users of our website or the public; and/or (5) comply with tax reporting requirements, then RMATV may use and disclose any and all information as needed. The servers that serve our website automatically identify a computer by its IP address.

  • Aggregated and de-identified data. We may de-identify data to create statistical data or system usage data by removing all personal identifiers and/or aggregating your data with other’s data so that it is not identifiable as to any particular person. Such de-identified data may be retained and used by RMATV to improve its products and services and for other proper purposes, provided that such retention and use is permitted by applicable laws.

HOW WE SHARE OR DISCLOSE YOUR INFORMATION

We may disclose or share your personal information with other parties in the following circumstances:

  • Third-party service providers. We use third-party service providers (or subprocessors) to process personal information to facilitate your use of our products and in the operation of our business. This includes providing personal information to third parties for their processing in performing functions on our behalf, particularly the functions listed above in the “How We Use Your Information” section above. These functions include collecting debts, hosting software, performing security services, analyzing data, performing surveys, administering our website, and/or providing technical support services. RMATV also uses third-party payment processors.

  • Regulatory or other government bodies in compliance with law and protecting our legal rights. We may disclose your personal information to regulatory bodies if we have a good-faith belief that doing so is required under applicable laws or regulations. This may include submitting personal information required by tax or other governmental authorities, or lawfully requested by governmental agencies, including law enforcement and judicial authorities. We may also disclose your personal information to exercise or defend our legal rights; to take precautions against liability; to protect the rights, property, or safety of RMATV or any individual or third party; to maintain and protect the security and integrity of our information system; to protect RMATV against fraudulent, abusive, or unlawful acts; or to investigate and defend RMATV against third-party claims or allegations.

  • Entities in connection with corporate transactions. We may have to disclose certain information to entities involved in a transaction with RMATV in connection with the actual merger, purchase, sale or any other type of acquisition, business combination of all or any portion of our business or assets, change of control, or a transfer of all or a portion of our business or assets to another third party (including in the case of any bankruptcy proceeding).

  • Aggregated and de-identified data. We may share aggregated user statistics as well as non-personally identifiable information (such as de-identified usage data) to describe our services to prospective partners, licensees, advertisers, and other third parties.

  • Consent. We may share your information in any other situations where you have provided us with your consent.

We do not share personal data (phone numbers) and consent with third parties. Information, such as phone numbers, collected from consumers during opt-in consent may be used by third-party service providers. The information gathered during the SMS opt in will not be shared or sold to third parties, especially for promotional aims.

STORAGE AND SECURITY OF PERSONAL INFORMATION

Although no system or website can guarantee the complete security of your information, we take all commercially reasonable steps to ensure your information is protected in accordance with all applicable laws and regulations, as appropriate to the sensitivity of your information. However, no electronic data transmission can be guaranteed to be secure from access by unintended recipients. Although we are committed to employing reasonable technology to protect the security of our website, even with the best technology, no website is 100% secure.

RETENTION OF PERSONAL INFORMATION

We keep your information for as long as necessary in accordance with the purposes for which it was collected, our business needs, and our legal and regulatory obligations. If we dispose of your information, we will do so in a way that is commercially reasonable, taking into account the sensitivity of the information.

RMATV reserves the right to retain usage data relating to our products and services, as well as data that has been anonymized and/or aggregated, to the extent permitted by applicable laws.

YOUR RIGHTS AND CHOICES

A. Account

You may access, update, or remove certain information that you have provided to us through your account by visiting your account settings or sending an email to the email address set out in the “Contact Information” section below. We may require additional information from you to allow us to confirm your identity.

Please note that we will retain and use information about you as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

B. Communications

Emails. You can opt-out of receiving promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link or by emailing us at the email address set out in the “Contact Information” section below with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt-out of non-promotional emails, such as those about your account, transactions, servicing, or RMATV’s ongoing business relations.

C. Cookies and Tracking Technologies

Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.

Do Not Track. Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. We currently do not respond to browser “do not track” signals.

D. Analytics

We use Google Analytics to conduct analytics of our Service. We provide you with the ability to exercise certain controls and choices about how we collect, use, share, and store your information. Google provides tools to allow you to opt out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Please note that your opt-out will only apply to the specific browser or device from which you opt out.

E. Legal Privacy Rights

You may have additional legal privacy rights under certain applicable laws, including but not limited to the California Consumer Privacy Act and other similar laws that may come into effect. For more information about your rights under these respective laws, please see the sections titled “Additional Disclosures for California Residents” and “Additional Disclosures for Colorado, Connecticut, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia Residents” below; and for more information about how to exercise your respective rights under these laws, please see the section titled “Exercising Legal Privacy Rights” below.

CHILDREN

Our website is not intended or designed to be used by anyone under the age of 13, and children’s personal information should not be shared with us. RMATV does not collect personal information from any person it knows to be under the age of 13. Additionally, if you are between the ages of 13 and 17, do not transact with us through this website or otherwise, and do not send any personal information, unless you are supervised by a parent/guardian or have received permission from your parent/guardian.

LINKS TO PRIVACY POLICIES OF OTHER WEBSITES

Our website may contain links to third-party websites and services. Please note that these links are provided for your convenience and information and may operate independently from us and have their own privacy policies and/or notices. You are strongly encouraged to review such policies or notices. We do not endorse or make any representations or warranties concerning, and will not in any way be liable for, any informational content, products, services, software, or other materials available on other websites, even if one or more pages of the other websites are framed within, or linked to, a page of our website.

CHANGES TO PRIVACY POLICY

We review this Privacy Policy regularly and may update it from time to time. We will post any changes on this page and may also provide notice of material changes to our Privacy Policy on our website home page. If you object to any changes to this Privacy Policy, you may close your account and discontinue use of our website and services.

DISABILITY NOTICE

If you have a disability and would like to access this Privacy Policy in an alternative format, please contact us at [email protected] or as otherwise provided in the “Contact Information” section below.

CONTACT INFORMATION

If you have any questions about this privacy policy or your personal information that we hold, would like to cease receiving marketing materials from us, have any complaints, or would like to exercise any of your other rights related to your personal information, please contact us at:

Rocky Mountain ATV/MC’s Privacy Point of Contact: Security Director
Address: 1551 American Way, Payson, UT 84651
Toll-free Number: 1-(800)-336-5437
Email: [email protected]

NOTICE FOR NEVADA RESIDENTS

If you are a Nevada resident, you have the right to submit a request directing us not to make any sale of your personal information. RMATV does not sell your personal information. However, to request email confirmation that we do not sell your personal information, please send an email to [email protected] with ‘Request for Nevada Privacy Information’ in the subject line and in the body of your message. We will provide the requested information to you via an email response.

ADDITIONAL DISCLOSURE FOR CALIFORNIA RESIDENTS

All terms and phrases used under this section have the same meanings given to them in the California Consumer Privacy Act and its implementing regulations, as amended (collectively, the “CCPA”).

A. Notice at Collection

In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA:

  • Identifiers, including name, physical and mailing address, telephone number, fax number, company, and email address.

  • Demographic Information, including information related to age, height, weight, and gender.

  • Commercial information, including purchases and information related to engagement with the Service.

  • Internet activity, including interactions with our Service and information related to the device and software used to interact with our Service.

  • Inferences, including information about your interests, preferences, and favorites.

For more information on the specific information we collect, including the sources we receive information from, review the section titled “Personal Information That We Collect” above. We collect and use these categories of personal information for the business purposes described in the section titled “How We Use Your Information” above. The categories of entities with whom we share personal information can be found in the section titled “How We Share or Disclose Your Information” above.

B. Notice of Financial Incentive

RMATV provides a number of discount and rebate programs that may be considered a financial incentive as the term is defined under the CCPA. For detailed information about our financial incentive programs, please see our financial incentive notice found HERE.

C. California Residents’ Legal Rights

If you are a California resident, you have the following rights with respect to your personal information:

  • Right to Know: You have a right to request that we disclose, up to two times per year, what personal information we’ve collected about you.

  • Right to Access: You have a right to access the personal information that we collected from you in accordance with the applicable law.

  • Right to Delete. You have a right to request deletion of your personal information, subject to certain exceptions.

  • Right to Correct. You have a right to ask that RMATV correct the personal information it has about you, subject to certain exceptions.

  • Right to Opt-Out of the Sale or Sharing of Your Personal Information. You have a right to opt-out of the sale or sharing of your personal information (as those terms are defined in the CCPA).

  • Right to Non-Discrimination. You have a right to exercise the above rights without being discriminated against.

These rights may be limited in some circumstances. For more information about how to exercise your legal rights and limitations that may apply, please see the section titled “Exercising Legal Privacy Rights” below.

D. No Sale of Information Disclosure

We do not sell or share (as those terms are defined in the CCPA) your personal information that is collected by us when you use our Service.

ADDITIONAL DISCLOSURES FOR COLORADO, CONNECTICUT, INDIANA, IOWA, MONTANA, OREGON, TENNESSEE, TEXAS, UTAH, AND VIRGINIA RESIDENTS

A. Notice of Collection

To learn more about the categories of personal information we collect about you and how we use it, please see “Personal Information that We Collect” and “How We Use Your Information” sections above. To learn more about the categories of third parties with whom we may share your personal information, please see the “How We Share or Disclose Your Information” section above.

B. Respective State Residents’ Legal Rights

If you are a resident of Colorado, Connecticut, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, Virginia, or any other state that enacts a materially similar data law, you have certain rights enumerated under the applicable law, which may include:

  • Right to Know and Access. You have a right to request that we disclose what personal information we’ve collected about you.

  • Right to Delete. You have a right to request that we delete your personal information.

  • Right to Correct. You have a right to ask that RMATV correct the personal information it has about you, subject to certain exceptions.

  • Right to Opt-Out. You have a right to opt-out of the sale or use of your personal information for targeted advertising or profiling.

  • Right to Non-Discrimination. You have a right not to be discriminated against for exercising your rights described herein.

To exercise any of these rights, please see the section titled “Exercising Legal Privacy Rights” below.

EXERCISING LEGAL PRIVACY RIGHTS

If you are a resident of California, Colorado, Connecticut, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, Virginia, or other state that enacts a materially similar privacy law providing any rights listed in this Privacy Policy, you may exercise your respective legal rights in accordance with the below procedures.

A. Verification Requirements

For certain requests, we may require specific information from you to help us verify your identity and process your request. Depending on your request, we will ask for information such as your name, address, email address, phone number and account number (to the extent available) used in connection with your RMATV account or applicable purchases. For certain requests, we may also ask you to provide details about the most recent purchase you made. If we are unable to verify your identity, we may deny your requests to know or delete.

B. Request to Know, Access, and Delete Information

If you are a resident of a state that provides you with heightened legal rights to your personal information, including California, Colorado, Connecticut, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia, you may exercise your right to know, access or delete information through any of the following means:

In the request, please specify which right you are seeking to exercise and the scope of the request.

There are certain circumstances where applicable law allows us to retain certain information, and we will not be able to delete such information. In such instances, we will inform you of what information cannot be deleted and for what reason.

C. Correction Requests

You can correct information related to your account by:


D. Right to Opt-Out of Sale, Profiling, and Context-Based Behavioral Advertising

The use of certain third-party providers and their cookies or other tracking technologies for such third parties’ commercial use or profiling or cross-context behavioral advertising must be capable of opt-out. However, as stated in this Privacy Policy, we do not sell or share your information to third parties for these purposes, and therefore, we do not offer any opt-out right.

If you believe that we are forwarding personal information to a third party and it is using it in a manner that exceeds such third party’s processing on our behalf as a service provider or processor (as those terms are understood under applicable law), please contact us at our at [email protected] so that we may look into the matter further.

E. Authorized Agents

Residents of California, Colorado, and Connecticut may designate an authorized agent to submit a request on your behalf to access or delete your personal information. To do so, you must: (1) provide that authorized agent written and signed permission to submit such request; and (2) verify your own identity directly with us. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.

F. Responding to Requests

Requests properly submitted will be responded to within the required period under applicable law. If a request is deficient, we may deny the request but will use reasonable efforts to explain the deficiency in the request so that you may correct the request. Please note that we may charge a reasonable fee for multiple requests in the same 12-month period, as permitted by applicable law.