Changes made per January 2020
“Personal Information” is information, whether true or not, that can be used to identify you (whether alone or in combination), which may include:
- “Entity Data” such as first name, last name, username or similar identifier, title, company name, and government issued identification number.
- “Contact Data” such as billing address, shipping address, email address and telephone numbers.
- “Financial Data” such as bank account, payment card details and credit history.
- “Transaction Data” such as details about payments to and from you and other details of products and services you have purchased from us.
- “Technical Data” such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our websites.
- “Profile Data” such as your username and password to access the Website, account number, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- “Usage Data” such as information about how you use our Website, products and services.
- “Preference Data” such as your preferences in receiving marketing from us and our third parties, and your communication preferences.
- “Applicant Data” such as your employment history, education history, and professional certificates that you submit to us during a job application as further explained in our Climb Channel Solutions Recruitment and Hiring Privacy Statement.
Climb Channel Solutions will never sell your Personal Data to Third Parties.
2. HOW WE COLLECT INFORMATION
Information You Give Us
- Sensitive Information. Unless we specifically request or invite it, we ask that you not send us, and you not disclose, any sensitive personal data (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through this Website or otherwise to us. In those cases where we may request or invite you to provide sensitive personal data, we will do so with your express consent.
Information We Collect Automatically From Your Use of Our Services
The methods that we and our Service Providers may use to collect Usage Information include:
- Log Information: We collect information about your use of our Services, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, cookies that may uniquely identify your browser or your account, and related data, and store it in log files.
3. HOW WE USE INFORMATION WE COLLECT
We and our Service Providers may use information about you for the following purposes:
- To provide, maintain, protect and improve our Services, develop new services, and protect Climb and our users;
- To facilitate, manage, personalize and improve your online experience;
- To respond to your inquiries and fulfill your requests, such as to send you newsletters, brochures, catalogs and e-mails;
- For our business purposes, such as data analysis, audits, credit checks, fraud monitoring and prevention, enhancing, improving, or modifying our Services, identifying usage trends, and operating and expanding our business activities; and
- To send you advertisements and communicate with you about products, services, offers, promotions, rewards and events we believe may be of interest to you (for information about how to manage these communications, see Section 13).
If you are a user from the United States, we may use your Personal Information for marketing purposes. If you are a user from outside the U.S., we will not use your Personal Information for direct marketing purposes unless we have received your express consent. You always have the right to opt-out from marketing and can require us to cease using the data at any time for marketing purposes at no cost to you, regardless of location.
Change of Purpose
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
4. HOW WE SHARE INFORMATION
We share your Personal Data with your consent or as necessary to complete any transaction or provide any service you have requested or authorized. Furthermore we share your Personal Data;
- As necessary, for the following purposes: (a) to comply with legal process; (b) to respond to requests from public and government authorities, including public and government authorities outside your country of residence to meet national security or law enforcement requirements; (c) to enforce our terms and conditions; (d) to protect our operations and protect our rights, privacy, safety or property, and/or that of you or others; and (e) to allow us to pursue available remedies or limit the damages that we may sustain;
- To a Third-Party in connection with or during negotiations of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
Without limiting the forgoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose.
Sharing for Marketing Purposes
We will not share your Personal Information with third parties for direct marketing purposes unless we have received your express consent. Users have the right to opt-out from direct marketing and can require us to cease to use the data at any time for direct marketing purpose at no cost to you.
Please note that by using our Services you initially agree (implied consent) to share your Personal Information and Usage Information, as described in this section.
Climb Channel Solutions will never sell your Personal Data to Third Parties.
Security of Personal Data
Climb Channel Solutions uses appropriate technical and organization controls and measures to secure and protect your Personal Data from unauthorized loss, misuse, and disclosure, such as strong user access controls, encryption and comprehensive employee policies and training. Unfortunately, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, Climb Channel Solutions cannot warrant that Personal Data will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. Climb Channel Solutions will notify you in the event we become aware of a security breach involving your personally identifiable information (as defined by the applicable foreign, federal, state, and local laws).
5. SWEEPSTAKES, CONTESTS, AND PROMOTIONS
We may offer sweepstakes, contests, and other promotions (each, a “Promotion”) jointly sponsored or offered by third parties that may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your Personal Information may be disclosed to third parties for administrative purposes and as required by law (e.g., on a winners list). By entering a Promotion, you are agreeing to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.
6. INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS
7. THIRD-PARTY SERVICES AND SOCIAL FEATURES
8. ADVERTISING, ANALYTICS SERVICES, AND ONLINE TRACKING
Online Behavioral Advertising
Some information about your browsing of the Services and certain Third-Party Services may be collected across time and services and shared with third parties to deliver ads and/or other content to you on the Services and certain Third-Party Services. Climb may receive information about Third-Party Services that you have visited and use it for marketing purposes—a practice sometimes termed “(re)-targeting,” “interest-based advertising,” and “online behavioral advertising.”
We are not responsible for third parties or Third-Party Services associated with advertising and analytics services, and related tracking activities. We encourage you to consult their privacy policies and notices for information on their practices and see Section 13 regarding certain choices some of them may offer you. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” visit http://www.allaboutdnt.com.
9. DATA SECURITY
We seek to use reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. In addition, Climb will not keep your Personal Information for longer than necessary for the purposes set out in this policy. Unfortunately, no data transmission or storage system is completely secure, and we cannot guarantee the security of your information collected through our Services. Your Personal Information is stored on servers in the U.S. and maintained with the assistance of a Third-Party data storage provider. We have proper procedures in place in case of a breach and we will notify you in such case.
10. INTERNATIONAL TRANSFER
However, Climb adheres to the Privacy Shield Framework regulation, as set forth by the U.S. Department of Commerce in consultation with the European Commission, regarding the collection, use and retention of Personal Information received from the European Union. As Climb Channel Solutions, Inc. is a U.S. company, it has voluntarily decided to comply with the EU – U.S. Privacy Shield Framework and will be subject to the investigatory and enforcement powers of the Federal Trade Commission.
Please read our Privacy Shield Statement
Climb Channel Solutions will use a self-assessment approach to verify compliance with this Privacy Statement and periodically verify that the Privacy Statement is accurate, comprehensive for the information intended to be covered, prominently displayed, implemented and accessible.
All North American entities and subsidiaries adhere to the Privacy Shield Principles and our EU office adheres to GDPR regulations on top of that (and where GDPR regulations supersede the Privacy Shield Principles). Our subsidiaries are listed in our Privacy Shield certification record. To learn more about the EU – U.S. Privacy Shield Framework, please visit https://www.privacyshield.gov/EU-US-Framework. To view Climb’s certification please visit https://www.privacyshield.gov/list.
11. CHILDREN’S PRIVACY
Our Services are not intended for children and are not targeted to children under the age of thirteen (13). If you are a child under the age of thirteen (13), you are not permitted to use the Services and should not send any information about yourself to us through the Services.
Removal of Data
Anyone (whether under the age of eighteen (18) or not) who have registered to use the Services, and who have posted content or information on the Services, can request removal by contacting us at compliance@ClimbCS.com or by sending a letter to Climb Channel Solutions, Inc., 4 Industrial Way West, Eatontown, NJ 07724 (Attention: Compliance Department) with information detailing where the content or information is posted. We will make reasonably good faith efforts to remove the post from prospective public view or anonymize it so the person cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that we do not control.
12. ACCESSING AND CHANGING INFORMATION
Climb will provide web pages or other mechanisms allowing you to correct or update some or all the Personal Information you have provided us. We may require additional identification from you in order to execute the changes.
ALL Users have a right to access their Personal Information, request corrections and/or deletions, and oppose the use of their Personal Information for specific purposes, subject to exceptions allowed by law. Such users are also entitled to request information on the origin of their Personal Information, the recipients or types of recipients to whom their Personal Information is provided, the reason for which their Personal Information is being stored, and the ways in which their Personal Information has been or may have been used or disclosed by us within a year before the date of the request. If you would like to do so, please send your request in writing by sending an email to compliance@ClimbCS.com or by sending a letter to Climb Channel Solutions, Inc., 4 Industrial Way West, Eatontown, NJ 07724 (Attention: Compliance Department). For all requests, we will need evidence of your identification to carry out your requests. To protect your privacy and the privacy of others, we will need evidence of your identity before we can grant you access to information about you or change it. You will not be charged for compliance with such a request.
Changes and Deletions
We will make good faith efforts to make requested changes in our then-active databases as soon as practicable (but may retain prior information for records to the extent not prohibited by applicable law). Please note that it is not always possible to completely remove or delete all your information or public postings from our databases and that residual data may remain on backup media or for other reasons.
Your Data Protection Rights
You have the following data protection rights:
- If you wish to access, correct, update or request deletion of your Personal Data, you can do so at any time by contacting us using the contact details provided under the “Questions and Contact Information” heading below.
- In addition, if you are a resident of the European Union, you can object to processing of your Personal Data, ask us to restrict processing of your Personal Data or request portability of your Personal Data. Again, you can exercise these rights by contacting us using the contact details provided under the “Questions and Contact Information” heading below.
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details provided under the “Questions and Contact information” heading below or access our preference center.
- Similarly, if we have collected and process your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority. (Contact details for data protection authorities in the European Economic Area are available here.)
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
13. CHOICES: TRACKING AND COMMUNICATIONS OPTIONS
Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Please be aware that if you disable or remove cookies some parts of our Services may not work and that when you revisit our Services your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations. With respect to our mobile applications, you can stop all collection of information by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling location identifying services, by adjusting the permissions in your mobile device.
You may opt-out of receiving promotional communications (e-mails or text messages) from us at any time by (i) for promotional e-mails, following the instructions as provided in e-mails to click on the unsubscribe link or changing your communication preferences by logging onto your account; and (ii) for text messages, following the instructions as provided in text messages from us to text the word, “STOP”. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscriptions may continue. Even if you opt-out of receiving promotional communications, we may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or our ongoing business relations.
Our mobile applications may send you notifications that may include alerts, sounds, and icon badges. These push notifications or in-app messages may include both operational messages and promotional messages regarding products, services and offers that may be of interest to you. These can be configured in Settings. As with e-mails, even if you opt-out of receiving promotional communications, we may continue to send you non-promotional push notifications, such as those about your use of the applications or our ongoing business relations.
14. PRIVACY RIGHTS IN NON-U.S. JURISDICTIONS
Accuracy and Access to Personal Information
EU persons may request access to their Personal Information under this policy to the full extent required by applicable law in the home country of the person making the request. Such persons may request the correction, amendment, or deletion their Personal Information that is inaccurate or has been processed in violation of the Privacy Shield Principles. Climb will reasonably fulfill such requests to the extent required by applicable law.
Users from outside the U.S. have the right to ask us not to process their Personal Information for marketing purposes. We will inform you (before collecting your information) if we intend to use your information for such purposes or if we intend to disclose your information to any Third-Party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your information.
You can exercise these rights at any time by contacting us at compliance@ClimbCS.com or by sending a letter to the addresses set forth in Section 16 below.
Revocation of Consent
Users from both the U.S. and outside the U.S. also have the right to revoke their given consent regarding the use and sharing of their Personal Information. However, it is important to note that in some cases such request may not be immediately or fully executed because it is possible that we have a legal obligation to keep using your Personal Information. Also, you must consider that for certain purposes, the revocation of consent means that we cannot continue providing the services you requested. You can revoke your consent at any time by contacting us at compliance@ClimbCS.com or by sending a letter to the addresses set forth in Section 15 below.
Accountability and Inquiries
Any EU person who is not satisfied with Climb’s compliance with the EU – U.S. Privacy Shield may contact Climb to resolve such complaints at compliance@ClimbCS.com or by sending a letter to the addresses set forth in Section 16 below
Any EU person who remains dissatisfied may contact his or her national Data Protection Authority in the country where the person resides. Climb has agreed to cooperate and comply with appropriate EU Data Protection Authorities and the Department of Commerce in resolving such disputes, including human resources in the context of the employment relationship. If an EU person remains dissatisfied and meets the pre-arbitration requirements of Annex I Part C of the EU – U.S. Privacy Shield Framework, the person may invoke binding arbitration pursuant to procedures in Annex I of the EU – U.S. Privacy Shield Framework Principles found here: https://www.privacyshield.gov/EU-US-Framework.
YOUR CALIFORNIA PRIVACY RIGHTS
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. For our U.S. users, we may from time to time elect to share certain information about you collected by us on the Service with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. If you are a California resident, you may opt-out of such future sharing by contacting us at compliance@ClimbCS.com or by sending a letter to Climb Channel Solutions, Inc., 4 Industrial Way West, Eatontown, NJ 07724 (Attention: Compliance Department). Requests must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address or mail address.
15. CONTACT US
Climb Channel Solutions, Inc.
4 Industrial Way West, 3rd Floor
Eatontown, NJ 07724
(Attention: Compliance Department)
EU users can contact us at:
Climb Channel Solutions EMEA B.V.
Regus – Arena
Arena Boulevard 61
1101 DL Amsterdam,
(Attention: Compliance Department)