Privacy Policy 

Last Updated: June 24, 2024

At Eagle Creek we understand that you care how information about you is collected, used, and shared. This Privacy Policy describes how Eagle Creek Holdings, LLC and our subsidiaries and affiliates (collectively, “Eagle Creek,” “us,” “we,” or “our”) collect, use, and share personal information in connection with our website at www.eaglecreek.com and any other websites we operate that link to this Privacy Policy (collectively, the “Site”), our social media profiles, our email communications, and our related sales activities, marketing, or events (collectively, the “Platform”), and the choices you have regarding your personal information. 

Categories of Personal Information We Collect

The categories of personal information that we collect may include the following:

  • Identifiers (such as your name, nickname, account name, unique personal identifier, online identifier/screenname, or IP address);
  • Contact Information (such as your physical or mailing address, telephone number or email address);
  • Commercial information (such as your account and profile information, including products or services purchased or considered and your purchasing histories or tendencies, communications and other interactions with us, and your marketing and product preferences); 
  • Inferences drawn from personal information (such as your preferences and other characteristics, psychological traits/ predispositions, behavior, attitudes, intelligence or abilities/aptitudes, some of which may be assigned by probabilistic methods);
  • Internet activity (such as browsing history, search history, clicks, interactions with websites, applications and advertisements, social media information, or device data, such as your computer or mobile device operating system type and version number, manufacturer and model, browser type, or screen resolution);
  • Demographic information (such as your age, date of birth, or gender);
  • Audio and video data (such as customer service call recordings and any video content that you choose to submit to us);
  • Financial information (such as your bank account number, credit card number, debit card number, other payment information);
  • Location data (such as your general geographical location); and
  • Other information that we may collect which is not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

If you submit an employment application or inquiry, we may also collect additional categories of personal information about you, such as the following:

  • Education information (such as your education status or history);
  • Employment information (such as your employment status or history, or your professional information);
  • Sensitive personal information that may be needed for recruitment and hiring (such as Social Security number, driver’s license number, information about dependents, nationality, or other information that you choose to share with us); and
  • Other information included in your inquiry or application (such as information you submit on your resume/CV or that we request as part of the recruitment or hiring process).

Sources of Personal Information 

Personal Information You Provide

When you interact with us, we may collect information about you directly that you provide. Examples of direct interaction with us include when you submit information to us through the Site (such as when you create an account, submit an order, or leave a review for one of our products), communicate with our customer service representatives, attend our events, participate in our marketing efforts (including contests sweepstakes and virtual events), participate in our customer loyalty programs, interact with our social media pages, or any other way you interact with us. 

Automatically Collected Personal Information

We, our service providers, and our advertising partners may also collect information about you, your computer, or your mobile device, and your activity over time on our Platform and across other sites and online services, including some of the online identifiers and internet activity information described above in the section titled “Categories of Personal Information We Collect.” Like many online services, the Platform uses cookies and similar technologies to facilitate automatic data collection, such as:

  • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for various purposes. For example, we may use cookies on the Site to help you navigate between pages efficiently, remember your preferences, enable functionality of the Site, help us understand user activity and patterns, and facilitate online advertising.
  • Flash cookies, or locally-stored objects, which are used on websites for purposes similar to cookies but allow storage of a larger amount of data.
  • Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns.

Personal Information From Third Parties

We may also receive personal information about you from other third party sources.  For example, we may receive personal information from our business and advertising partners, event sponsors, joint marketing partners, affiliates and related companies, and social media sites. We may also receive personal information from any third-party platforms or services that you connect with our Platform such as when creating an account, completing your order, or posting to social media from our Platform. 

As part of our recruitment and hiring process, we may also receive personal information about you from references, screening companies, background check providers, and other companies that assist us with our recruitment and hiring activities.

Referrals

You may have the opportunity to refer friends or other contacts to us and share their contact information with us.  Please do not refer someone to us or share their contact information with us unless you have their permission to do so.

Use of Personal Information 

We may use your personal information for various purposes, including the uses below and as otherwise described in this Privacy Policy or at the time of collection.

To Provide the Platform and our Products and Services

We use the personal information we collect to provide our Platform, products and services, including to: 

  • Provide the products and services that you have ordered or requested, and to communicate about your orders and other matters relating to your account or the Platform; 
  • Enable and provide our customer service; 
  • Address your comments, questions or complaints; 
  • Personalize your experience on the Service; 
  • Understand your opinions, preferences and shopping habits; 
  • Administer and fulfill our contests and other promotions, including any special discounts we may offer; 
  • Share reviews, testimonials, or other user-generated content; and
  • Manage any gift card programs, loyalty programs, or other promotional programs we may offer.

Direct Marketing

We may use your personal information to market our products and services to you, including by sending you marketing communications and other information regarding our products, services, or special events. You may opt-out of our marketing communications as described below in the section titled “Opt-Out of Marketing Communications.” 

Research and Development

We use personal information, including usage trends and user preferences, to analyze and improve our Platform, products and services, evaluate new technology for our businesses, conduct market research, formulate our business strategies, analyze business information about organizations to which you may belong (i.e., your employer), and for other research and development activities. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect.  We make personal information into anonymous data by removing information that makes the data personally identifiable to you.  We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Platform and promote our business.

We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.

 

Business Operations, Compliance, Fraud Prevention, and Safety

We may use personal information in connection with our business operations, including to facilitate our merger or acquisition activities, to facilitate internal audits, dispute resolution, or investigations, and to enable us to monitor and evaluate our third party service providers and their activities. In addition, we may use personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to secure, protect, and maintain the integrity of our Platform, products, services, information assets, business, database, and technology systems, to keep records of transactions, to comply with our contractual obligations, to detect, investigate, deter, and address actual or potential fraud, harm, or unauthorized, unethical or illegal activity, including cyberattacks and identity theft, to establish and maintain data back-ups for our business continuity and disaster recovery, protect our, your, or others’ rights, privacy, safety, or property (including by making and defending legal claims, and to comply with various legal obligations, lawful requests, legal process, or other rules to which we are subject, such as to respond to subpoenas or requests from government authorities. 

Advertising

We, our service providers, and our third party advertising partners may collect and use your personal information for advertising purposes. We may work with third-party advertising companies and social media companies to help us advertise our business, identify potential customers, and display ads on our Platform and other online services, including through the use of interest-based advertising. These companies may use cookies and similar technologies to collect information about you (including the device information and online activity information described above) over time across our Platform and other sites and services, and use that information to serve ads that they think will interest you. In addition, some advertising partners may use hashed customer lists that we share with them to deliver ads to you and to similar users on their platforms. You can learn more about your choices for limiting interest-based advertising, in the “Advertising Choices” section below.

Rakuten Advertising

Rakuten Advertising may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage, and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use, and sale of your personal data and your rights, please use the below links.

Privacy policy: https://rakutenadvertising.com/legal-notices/services-privacy-policy/

Your rights: https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/

Recruitment and Hiring

If you submit an inquiry or application for employment, we will use your personal information for our recruitment and hiring processes, including evaluating your candidacy, confirming eligibility for employment, conducting background and other pre-employment screening, communicating with you regarding your inquiry or application, and for other purposes.

Sharing of Personal Information

We may share your personal information with the entities and individuals listed below, and as otherwise described in this Privacy Policy or when your personal information is collected.

Related Companies

We may share some or all of your personal information with our subsidiaries and affiliates to help us provide our products and services and for the other purposes described in this Privacy Policy.

Service Providers

We may also share your personal information with service providers who provide services to us or conduct activities on our behalf. For example, service providers help us perform website hosting, maintenance services, database management, web analytics, billing, shipment, payment processing, SMS and/or email services, marketing, advertising, and other services. 

Business Transaction Participants

If we sell all or part of our business or make a sale or transfer of assets or are otherwise involved in a corporate divestiture, financing, merger, consolidation, acquisition, reorganization, sale, spin-off, or other disposition of all or any portion of the business or assets of, or equity interests in, Eagle Creek or our related companies (including, in connection with a bankruptcy or similar proceedings), we may transfer your personal information to a third party as part of that transaction, including at the negotiation stage.

Law Enforcement, Government Authorities, and Others

Under certain circumstances, we may be required to disclose your personal information to law enforcement, government authorities, and other parties if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).  We may also disclose your personal information in the good faith belief that such action is necessary to comply with a legal obligation or for other compliance and protection purposes, including those described in the section above titled “Business Operations, Compliance, Fraud Prevention, and Safety.”

Business and Advertising Partners

We may also share personal information collected about you with third parties who we partner with for product sales, plant care assistance, advertising campaigns, surveys, special offers, or other events or activities in connection with our Platform.  We may also share or permit the collection of your personal information by advertising companies that we work with, such as companies that collect activity on the Platform and other online services to help us advertise our products or that wish to provide you with information and promotions that may interest you.

Professional Advisors

We may disclose your personal information to our professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Your Choices

You can make the following choices with respect to your personal information.

Access or Delete Personal Information

To submit a request to access or delete your personal information, please submit your request by:

  • Filling out the form on our Do Not Sell My Information page
  • Sending us mail at: Eagle Creek Holdings LLC, 2620 S. Copper Frontage Rd Unit 2, Steamboat Springs, CO 80487

When you submit an access or deletion request, we may request specific information from you to help us confirm your identity and validate/process your request. Applicable law may require or permit us to decline some or all of your request. 

Opt-out of Marketing Communications

You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email, or by submitting the DSAR form on our Do Not Sell My Information page. Please note, you may continue to receive service-related and other non-marketing emails.  

Text Messages

We may offer communications via SMS texts or similar technology sent by Eagle Creek or our service providers, such as when we send you text messages for customer service, account-related, or marketing purposes. To stop receiving text messages from Eagle Creek, reply STOP to any message you receive from us. Note that we may send you a message to confirm receipt of your STOP request. Message and data rates may apply for this service. You can also opt-out of our marketing texts by emailing us your request and mobile telephone number to privacy@eaglecreek.com. 

Cookies

Most browsers let you remove and/or stop accepting cookies from the websites you visit.  To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Platform and our Site may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.

We use Google Analytics to help us understand user activity and patterns on the Site. You can learn more about these cookies here and about how Google protects your data here. You can prevent the use of Google Analytics relating to your use of our Site by downloading and installing a browser plugin available here.

Do Not Track

Our Site currently does not have a mechanism to recognize an Internet browser’s “Do Not Track” signals, and we cannot follow those signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com. 

Advertising Choices

You can limit the use of your information for interest-based advertising by blocking third-party cookies in your browser settings, using browser plug-ins/extensions, and/or using your mobile device settings to limit the use of the advertising ID associated with your mobile device.  Several of the companies who utilize cookies or other tracking or monitoring mechanisms enable you to opt out of advertising through mechanisms established by trade groups. If you wish to reduce this type of third-party, interest-based advertising, you may opt out of advertising from members of the National Advertising Initiative here, and from members of the Digital Advertising Alliance here. The opt-out preferences described above must be set on each device and/or browser for which you want them to apply.  

Please note that we also may work with companies that offer their own opt-out mechanisms or do not participate in the opt-out mechanisms described above, so even after opting-out, you may still receive some cookies and interest-based ads from other companies. For example, we may work with Facebook and Google to help us with advertising our Platform. You can learn more about and find opt-out instructions for Google by clicking here and Facebook by clicking here. If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.

Declining to Provide Information

We need to collect personal information to provide certain services. If you do not provide the information requested, we may not be able to provide those services.

Children

The Platform is not directed to, and we do not intend to collect personal information from, anyone who is under the age of 16. If you are a parent or guardian of a child under the age of 16 and suspect they have provided personal information to us, you may contact us using the contact information at the bottom of this Privacy Policy. 

Security

We have taken steps designed to implement reasonable security procedures and measures that are intended to protect your personal information and our information technology systems that store personal information. Unfortunately, no transmission of information over the Internet nor storage of information electronically can be guaranteed to be 100% secure and we cannot guarantee the security of your personal information.

Links To Other Websites and Services

Our Platform may contain links to third-party websites and services to which this Privacy Policy does not apply. When you click on a link to any other website, mobile application or online service, you will leave our Platform and go to another location, and another entity may collect personal information from or about you. In addition, our content and advertisements may be included on other websites or online properties that are not associated with us. We have no control over, do not review, and are not responsible for, these third-party websites and services or for their content or actions. Other online services may follow different rules regarding the collection, use and sharing of your personal information, and your use of such sites and services will be governed by the terms of use, privacy policies, and other terms, notices, and policies set forth on or referenced in those locations. We encourage you to read the privacy policies of other online services that you visit or use. The links to third-party websites and services are for your convenience and do not signify our endorsement of, or affiliation with, any third party or its services.

International Users

Eagle Creek is headquartered in the United States. Regardless of where you live, by using our U.S. websites or engaging with us while within the U.S., you consent to have your personal data transferred, processed, and stored in the United States, and allow us to use and collect your personal information in accordance with this Privacy Policy. If you live outside the U.S., we may host a website or application designed for use in your jurisdiction, and we encourage you to use that website or application. We are a global company, and personal information we collect may be transferred to the United States and other jurisdictions, as permitted by law.

Notice for California Residents

This section applies only to California residents. It describes how we collect, use and share personal information of California residents when we act as a “business” as defined under California privacy laws, and their rights with respect to their personal information. For purposes of this section, “personal information” has the meaning given under California privacy laws but does not include information exempted from the scope of those laws. In some cases we may provide a different privacy notice to certain categories of California residents, in which case that notice will apply instead of this section.

Personal Information That We Collect, Use, and Disclose

We describe:

  • The categories of personal information we may have collected about you in the preceding twelve months in the section above called “Categories of Personal Information We Collect”;
  • The categories of sources from which we collect your personal information in the section above called “Sources of Personal Information”;
  • The business and commercial purposes for which we collect this personal information in the section above called “Use of Personal Information”; and
  • The categories of third parties to whom we disclose this information in the section above called “Sharing of Personal Information.”

Each of the personal information categories described above in the section called “Categories of Personal Information We Collect” may be disclosed for the business purposes described in this Privacy Policy.  In addition, when we share some of those categories of personal information with certain third parties, such as our advertising partners like Google and Facebook, it may be considered a “sale” of personal information under California privacy laws. In the preceding twelve months, we have disclosed the following categories of personal information for purposes that may qualify as a “sale”:

  • Identifiers;
  • Contact information;
  • Commercial information;
  • Inferences;
  • Internet activity; and
  • Demographic information.

Your Rights as a California Resident

California privacy laws provide California residents with the rights listed below:

  • Right to Access.  You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve months, including:
    • The categories of personal information we collected about you.
    • The categories of sources of the personal information we collected about you.
    • Our business or commercial purpose for collecting or selling that personal information.
    • The categories of third parties with whom we share that personal information.
    • The specific pieces of personal information we collected about you.
  • Right to Delete.  You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.
  • Right to Opt-Out of Sales.  If we “sell” your personal information or pro, you can opt-out.  
  • Right to Nondiscrimination.  You are entitled to exercise the rights described above free from discrimination in the form or legally prohibited increases in the price or decreases in the quality of our products and services.  

Please note, these rights are not absolute and in some cases we may not be able to respond your request, such as when a legal exemption applies or if we are not able to verify your identity.  

How to Exercise Your California Privacy Rights

You can request to exercise your access and deletion rights by following the instructions provided above in the section titled “My Choices.” You can request to opt-out of the “sale” of your personal information by filling out the form on the following page: https://www.eaglecreek.com/pages/do-not-sell-my-information

You may also designate an authorized agent to make a request on your behalf.  If you do so, we may require the requester’s proof of identification, the authorized agent’s proof of identification, and any other information that we may request in order to verify your request, including evidence of valid permission for the authorized agent to act on your behalf.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights).  However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive.

We try to respond to all legitimate requests within 45 days of your request.  Occasionally it may take us longer than 45 days to respond, for instance if your request is particularly complex or you have made a number of requests.  In this case, we will notify you of the delay, and may continue to update you regarding the progress of our response.


Changes to This Privacy Statement

We reserve the right, at any time, to modify this Privacy Policy.  If we make revisions that change the way we collect, use, or share personal information, we will post those changes in this Privacy Policy.  You should review this Privacy Policy periodically so that you keep up to date on our most current policies and practices.  We will note the last updated date of the latest version of our Privacy Policy at the top of this page.  Your continued use of the Platform following posting of changes constitutes your acceptance of such changes. 


Contacting Us

You may contact us regarding this Privacy Policy via email [privacy@eaglecreek.com] or by writing to us at the address below:

Eagle Creek Holdings, LLC

2620 S. Copper Frontage Unit 2

Steamboat Springs, CO 80487