PRIVACY POLICY

This Privacy Policy is effective 2020. 

Mesa Rim Climbing Centers and our affiliates, successors and assigns (collectively, “Mesa Rim,” “we,” “our” or “us”) are dedicated to protecting your privacy. This Privacy Policy is a guide to what information we collect, how we use it and how you can access, change and remove your information. References in this Privacy Policy to “you” and “your” mean the user and/or visitor of our websites and climbing centers.  We encourage you to read this Privacy Policy before you send or share personal information with us.  You acknowledge by using our websites and services and visiting our climbing centers, that you are agreeing to be bound by the terms and conditions of this Privacy Policy.  If you have any questions, comments or complaints, be sure to contact us as set forth below in the section entitled “How to Contact Us.”

 

  1. What Personal Information We Collect.  Mesa Rim may collect information that identifies, relates to, describes, or could reasonably be linked, directly or indirectly, with you or your household (referred to herein as “personal information”). The categories of personal information we may collect or have collected directly from you include:
  • Identifiers – Including without limitation your real name, alias, account name, online identifier, email address, postal address, phone number, birthdate, or other similar identifiers. Our web server also automatically collects unique identifiers that can be used to recognize you or your electronic device, such as your domain name, IP address, beacons, pixel tags or other device and mobile identifiers or similar technology. 
  • Characteristics of Protected Classifications Under California or U.S. Law – Including without limitation your age, gender, or physical disability (if applicable).  
  • Payment Data – Including without limitation your credit and debit card information, billing address or any financial information you provide in connection to your purchase of our products or services.
  • Commercial Information – Including without limitation our products and services you purchased, obtained or considered and other purchasing or consuming histories or tendencies like the number of times you visited our climbing centers or attended one of our yoga classes.
  • Internet or Other Electronic Network Activity Information – Including without limitation your browsing history, search history, browser type, referral site and any other information regarding your interaction with our websites or advertisements. 
  • Geolocation Data – Including without limitation information that can help identify your physical location and the approximate location of your electronic devices.
  • Audio and Visual Information – Including without limitation photos or video recordings that may be taken of you if you visit our climbing centers (e.g., we may use video surveillance technology as a security measure to ensure the safety of our properties) and any voice recordings you voluntarily leave on our voice mailboxes or that we may collect when you call customer services.
  • Inferences Drawn About Your Preferences – Including without limitation your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, aptitudes, decisions and actions as it relates to our products and services.
  • Other Categories of Personal Data that Relates to or is Reasonably Capable of Being Associated With You – Including without limitation any reviews, messages and other content you submit through our websites or third party sites and platforms such as social media websites, networks or other services that host user-generated content. 
  • Data About Others – Including without limitation personal information of individuals for whom you purchase an item or gift for, such as their name, email address, phone number and home address, or of your child when submitting a Visitors Agreement and Waiver on his or her behalf.  Please do not share personal information of other individuals with us unless you have the authorization or permission to do so.

 

  1. How We Collect Your Personal Information. Mesa Rim collects your personal information from the following categories of sources: Information you voluntarily provide us; Information we collect automatically from you through your electronic device; and Information from third parties.  We may collect personal information from you in a variety of ways, including without limitation, when you: 
  • Sign and submit our Visitors Agreement and Waiver.
  • Sign up or request to be placed on our mailing or email lists.
  • Participate in our surveys, contests or other promotions.
  • Make merchandise purchases or returns.
  • Purchase our services, makes reservations or request cancellations.
  • Contact us regarding a question or concern.
  • Create an account on our websites or sign up for a membership at one or more of our climbing centers.
  • Register for one of our programs or classes conducted at one or more of our climbing centers.
  • Use our websites (i.e., through our browser cookies, web beacons, third party software development kits, and other similar technology).
  • Send us messages or other content regarding feedback and inquiries relating to our websites, climbing centers, products, services, marketing material, events, collaboration proposals and advertisements.
  • Voluntarily disclose personal information to our customer service providers and staff.
  • Voluntarily comment on our social media posts hosted by third party platforms or tag or otherwise link us on your social media posts.
  • Visit our climbing centers (i.e., through our video surveillance technology).
  • Use our guest Wi-Fi service.
  • Attend our promotional events.   
  • Interact with our service providers.
  • Otherwise submit personal information to us or provide your consent for third parties to share your personal information with us.

 

  1. How We Use Your Personal Information. Mesa Rim collects and uses your personal information for various business and commercial purposes including without limitation: 
  • Operating, managing and improving our websites, climbing centers, marketing endeavors and product and service offerings.
  • Completing product and service purchases and returns or cancellations.
  • Processing membership registrations, maintenance and cancellations.
  • Providing customer services.
  • Sending you emails about reservations you have made, technical notices, updates, security alerts, information about our policy changes and other administrative messages.
  • Administering surveys, contests and similar promotions.
  • Complying with valid legal procedures, requirements, regulations and statutes.
  • Maintaining the security and integrity of our systems, operations, websites and climbing centers.
  • Analyzing trends and usage, such as any feedback regarding our climbing centers and its programs.
  • Troubleshooting problems with our websites, software or Wi-Fi systems.
  • Preventing and addressing fraud, financial risk, unlawful access and breach of our policies and terms.
  • Helping to establish and verify the identity of users and visitors at our climbing centers.
  • Protecting the health and safety of customers and staff.
  • Pursuing legal matters and addressing crimes committed on Mesa Rim property.
  • Facilitating our accounting, auditing and reporting requirements.
  • Re-posting content voluntarily provided by you on our websites and social media networks, platforms or other user-generated content providers not operated by Mesa Rim for our marketing purposes.
  • Creating promotional videos from audio or videos taken at Mesa Rim events for our own marketing and promotional purposes.  
  • Fulfilling any other business or commercial purposes at your direction or with your consent.

 

  1. Who We Share Your Personal Information With. We will not sell your personal information to any third parties.  We may disclose and share personal information we collect from you to the following categories of third parties: 
  • Service Providers – Mesa Rim shares information with entities that help us with our websites, data analytics, advertisements, promotions, products, services and other business and commercial purposes. Our service providers may only use your personal information to perform specific services we have contracted them for and may not use it for any other purpose, although we may permit them to use aggregate information which does not identify you or de-identified data for any purpose except as prohibited by applicable law. 
  • Vendors – We may share information with vendors and other entities for various reasons including without limitation: tailoring advertisements; measuring and improving our websites and advertisements; processing and executing your reservations; billing and processing membership payments, registrations or cancellations; enabling other enhancements to our websites, climbing centers, events, products and services; and executing our other business and commercial purposes. These companies may act as our service providers, or in certain contexts, independently decide how to process your information.
  • Affiliates – We share information with our related entities including without limitation our parent, subsidiaries and sister companies, or to their employees, agents, contractors, representatives, legal counsel and/or accountants, for: operational, management and administrative purposes; internal audit, legal, regulatory, security, insurance, financial, processing and other similar purposes; or as otherwise permitted or required by law.
  • Promotional Partners – We may share information to help us provide and operate our newsletter offerings.  This includes without limitation sharing your information with our third party partners participating in our promotions or events or other third parties for administrative purposes.
  • Third Parties in Connection with a Merger, Acquisition or Other Business Transaction – We may share information if Mesa Rim is involved in a merger, acquisition, financing, joint venture, reorganization, dissolution, liquidation or other event where we sell or transfer all or a portion of our business assets or equity.  We will not provide you with notice before disclosure in such cases. 
  • Third Parties for Security and Compelled Disclosure Purposes – Mesa Rim must disclose information about you in response to lawful requests by public authorities, including but not limited to meet national security or law enforcement requirements. We may share information about you in connection with legal requirements, such as in response to an authorized subpoena or when we believe in good faith that disclosure is necessary to protect our rights, investigate fraud or protect the health and safety of you and others. Such disclosures may be carried out without notice to you.
  • Third Parties that You Direct Us to Share With – We share information at your request or direction, such as when you purchase a gift card for an individual and direct us to send it to a certain recipient.  We may also share your information with other third parties that you have consented or directed us to share your information with.

 

  1. Privacy Policies of Third Parties and External Links. Our websites contain links to several third party websites, software or applications not owned or controlled by Mesa Rim, and this Privacy Policy does not apply to such websites, software or applications or the use of any data by such websites, software or applications. Other websites may also reference or link to our websites. Mesa Rim is not responsible for the privacy practices or the content of such other websites. Should you decide to navigate to any websites, software, or applications external to our websites, you do so entirely at your own risk.  We are not responsible for the actions, privacy, security or content of such third-party websites, software and applications. If you are asked to provide information on one of these websites, software and applications, we encourage you to carefully review their privacy policy before sharing your information.

 

  1. Cookies and Other Similar Technology. We also collect information automatically through the use of electronic tools. We may log the name of your Internet service provider, IP address or use “cookie” technology to store your preferences and record session information.  A “cookie” is a small piece of data placed on your electronic device by us. We use cookies to maintain session and preference information to improve the use of our websites. The information stored on our cookies can only be read by the Mesa Rim web server.  You may set your web browser to decline our cookies; however this may render portions of our websites unusable.  To learn more about cookies, including how to see what cookies have been set on your electronic device and how to manage and delete them, please visit https://www.allaboutcookies.org.

 

We also allow cookies to be placed on your electronic device by third parties for the purpose of website analytics. This allows third parties to collect data about your use of our websites. We do not share the data that third parties collect with anyone besides such third parties.

 

Additionally, we may use log files to track how our websites are being accessed and used. Log files track anonymous user information such as IP addresses, browser types, Internet service providers, referring and exit pages, platform type, date and time stamps, and number of clicks to, from, and within a website.  We may use clear web beacons to track user movement through our websites for aggregated website traffic measuring.  A web beacon is a small tag (which may be invisible to you) that may be placed on our websites’ pages and messages. 

 

We may use the above technologies (or ones we incorporate in the future) for a variety of purposes, including without limitation:  

  • to report, in aggregate, how our visitors find and use our websites;
  • to understand overall visitor behavior; and
  • to update and improve our websites.
  1. Security and Storage.  We believe our websites incorporate safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information we have collected.  We have put in place reasonable precautions to protect information from loss, misuse and alteration.  However, despite our efforts, please be aware that no security measures are perfect or impenetrable and we cannot guarantee that the information you transmit or provide to us will be completely secure.

 

We will retain your personal information for as long as needed to provide you with our services (e.g., as long as you have an online account with us) or as needed to fulfill our own obligations, including without limitation preventing fraud, meeting regulatory requirements, resolving disputes, improving our services or maintaining security, and in each case, as consistent with applicable law. We may retain non-personal information that has been sufficiently aggregated or anonymized for a longer period.

 

  1. Policy Changes.  Mesa Rim may at any time amend the provisions in this Privacy Policy. Changes to this Privacy Policy will be reflected by the “Effective Date” as displayed in  this Privacy Policy.  If the changes are significant, we may provide a more prominent notice. Your periodic review of our Privacy Policy will ensure that you are apprised of our current privacy practices.

 

  1. Children.  Our websites are intended for general audiences and is not directed to children under 18. We do not knowingly collect personal information from children under 18. If you become aware that a child has provided us with personal information, please contact us at [hello@mesarim.com] or call [(858)201-4411]. If we become aware that a child under 18 has provided us with personal information, we will take reasonable steps to remove such information and terminate the child’s account (if applicable).  Children under the age of 18 may use our services provided in our climbing centers under the supervision and permission of their parent or guardian.  We may collect information of children under the age of 18 who wish to use our climbing centers, services, equipment or programs directly from the child’s parent or guardian.  Such information includes, without limitation, the child’s name, birthdate, climbing experience, reason they are visiting our climbing center and other information that parents or guardians voluntary provide us.  Mesa Rim does not intend to collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA, and Mesa Rim will comply with COPPA for any services that it renders that uses Children’s Personal Information. If we obtain knowledge that we have collected Children’s Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA. 

 

  1. Your Choices You Have Over How Your Information is Used.  In this section, we describe the rights and choices available to all users.
  • Review and Update your Account Information – If you have created an account on our websites, you may review, update, or delete certain personal information regarding your account by logging into your account or selecting the link entitled “Manage Membership” and editing your account profile information.
  • Opt Out of Marketing Communications – You may opt out of marketing-related emails and postal mail by following the opt-out or unsubscribe instructions located at the bottom of our correspondence.  You may also unsubscribe to any of your subscriptions with us by logging onto your account or selecting the link entitled “Manage Membership” and requesting we adjust your subscription preferences.  You may continue to receive service-related and other non-marketing correspondence (e.g., confirmation emails regarding your enrollment to one of our training programs).  [NOTE – Does Mesa Rim send text messages to its customers? If so, we should include a description here on how to opt out of such communications.]
  • 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. Note that disabling cookies and/or other tracking tools may prevent us or our service providers from providing you certain features of our websites.  
  • Advertising Choices – Your electronic device settings may allow you to limit the use of advertising IDs associated with your electronic device for interest-based advertising purposes.  Additionally, you can manage third party advertising preferences for some of the third parties we work with that serve advertising across the internet by using the choices available at http://www.networkadvertising.org/managing/opt_out.asp and www.aboutads.info/choices. We do not guarantee that all of the third parties we work with will honor the elections you make using those options, but we strive to work with third parties that do. 
  • Privacy Settings and Location Data – Users of our websites can disable our access to their electronic devices’ precise geolocation in their electronic device settings.
  • Choosing Not to Share Your Personal Information – If you do not provide information that we need to provide you with our products and services, we may not be able to provide you with such products and services or provide you access to certain features of our websites or climbing centers.  For example, if you do not complete our Visitors Agreement and Waiver then you will not be able to use our facilities and have access to some of our services at our climbing centers.  
  • Third-Party Platforms or Social Media Networks – We encourage you to review your privacy options and settings of third-party platforms that you use in connection with our websites, climbing centers, products, services and events, including without limitation social media platforms and networks.  We recommend you understand what choices you have about sharing information from those platforms and networks.

 

California residents have additional rights as set forth below in the section entitled “California Residents: Your California Privacy Rights.”

 

  1. California Residents: Your California Privacy Rights. California residents have specific rights regarding their personal information as described below.  These rights are subject to certain exceptions.  When required, we will respond to most requests within 45 days, unless it is reasonably necessary for us to extend our response time.
  • Right to Know About Personal Information Collected or Disclosed – You have the right under the California Consumer Privacy Act (“CCPA”) to request we disclose certain information regarding our practices with respect to your personal information. If you submit a valid and verifiable request and we confirm your identity and/or authority to make the request, we may disclose to you any of the following at your direction:
    • The categories of personal information we have collected about you in the last 12 months.
    • The categories of sources for the personal information we have collected about you in the last 12 months.
    • Our business or commercial purpose for collecting 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.
    • If we disclosed your personal information to a third party for a business purpose, a list of the personal information types that each category of recipient received.
  • Right to Request Deletion of Personal Information – You have the right under the CCPA to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.  If you submit a valid and verifiable request and we can confirm your identity and/or authority to make the request, we will delete all information that we are not allowed to maintain under applicable law.   
  • How to Exercise the Above Rights – To exercise your rights discussed described above, please submit a verifiable consumer request to us by visiting our online privacy rights portal.  Alternatively, you may email us at [hello@mesarim.com] or call us at [(858) 201-4411].  You may make a verifiable consumer request no more than two times within a 12 month period. The verifiable consumer request must:
    • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information from.  Such verification process will involve you confirming at least three pieces of personal information we have collected about you (e.g. your email address, telephone number or mailing address);
    • Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it; and
    • Include a statement that you “declare under penalty of perjury that you are the person about whom the CCPA request has been made.”
  • We have the right to ask you additional information to verify your identify if your request relates to sensitive or valuable personal information. 
  • Right to Appoint an Authorized Agent – You are also permitted to designate a natural person or business entity registered to do business in the State of California to act as your authorized agent and submit the above requests on your behalf. For an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity and permission according to our verifiable consumer request method described in the subsection entitled “How to Exercise the Above Rights” before processing your authorized agent’s request.
  • Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights – You have a right not to receive discriminatory treatment from us if you exercise any of your rights under the CCPA.  Please note that if you do decide to exercise your right to delete your personal information, many of our services will not work the same.  Some examples, include but are not limited to:
    • Customer Service: Our ability to handle customer service requests may be limited. We will not have the ability to look up your prior reservations, visits to our climbing centers or account information and may request proof of your transactions with us to service your needs.
    • Notifications: If you are not signed up for our newsletters, you may not receive notification of special events and programs that we may offer at a first come first serve basis.
  • Financial Incentives.  We may offer you financial incentives to provide us with personal information that is reasonably related to our good-faith estimate of the value of such information.   We will calculate the value of our financial incentives by using the expense related to the offer.  Our financial incentives could result in different prices, rates, or quality levels for our products or services.  The terms of any financial incentive we offer will be presented to you at the time you sign up.   You must opt-in to any financial incentive program and may revoke your consent at any time by contacting us as set forth below in the section entitled “How to Contact Us” or by following the unsubscribe instructions set forth in the terms of our financial incentives.  [NOTE – Please confirm. Does Mesa Rim provide discounts to its members or subscribers to its newsletters?]
  • Additional Disclosures Related to Collection, Use, and Disclosure of Personal Information – Section 1 of this Privacy Policy describes the categories of personal information we collect, and Section 3 describes the business or commercial purpose for which we collect and may use your personal information.  We do not believe that we “sell” your personal information (or information of children under the age of 16) as defined under the CCPA. We will not do so in the future without providing you (or a child’s parent or guardian) with notice and an opportunity to opt-out of such sale as required by law.
  • Direct Marketing and Do Not Track Signals – Under California’s “Shine the Light” law, California residents may request and obtain a notice once a year about the personal information we shared with other businesses for their own direct marketing purposes.  Such a notice will include a list of the categories of personal information that were shared (if any) and the names and addresses of all third parties with which the personal information was shared (if any).  The notice will cover the preceding calendar year.  To obtain such a notice, please contact us as described below.  In addition, under this law you are entitled to be advised how we handle “Do Not Track” browser signals.  We do not track our users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party websites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such websites, most web browsers (like Safari) allow you to set the DNT signal on your browser so third parties (particularly advertisers) know you do not want to be tracked.  [NOTE – Please confirm.]
  • California’s Erasure Law – Any California resident under the age of 18 who have posted content or information on our websites, can request removal by contacting us, detailing where the content or information is posted. Mesa Rim will then make reasonably good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. 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 Mesa Rim does not control.

 

  1. Nevada Residents: Your Nevada Privacy Rights. Nevada law requires website operators to provide a way for Nevada consumers to opt-out of the sale of certain information that the website operator may collect about them. Mesa Rim does not “sell” your personal information to third parties as defined in Nevada law, and will not do so without providing you with notice and an opportunity to opt-out of such sale as required by law. If you have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact us via the methods set forth below in the section entitled “How to Contact Us.”

 

  1. Geographic Restrictions. We may limit the availability of our websites to any person or geographic area at any time.  If you access our websites from outside the United States, you do so at your own risk.

 

OUR WEBSITES ARE INTENDED FOR UNITED STATES RESIDENTS ONLY.  IF YOU ARE A USER ACCESSING OUR WEBSITES FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE AND DISCLOSURE THAT DIFFER FROM THE LAWS OF THE UNITED STATES, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF OUR WEBSITES, YOU ARE TRANSMITTING YOUR PERSONAL DATA TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.

 

  1. How to Contact Us.  If you have questions or concerns regarding our Privacy Policy or need to obtain a copy of this Privacy Policy in alternate format due to a disability, please contact us by email at [hello@mesarim.com], telephone at [(858) 201-4411] or mail at: 10110 Mesa Rim Road, San Diego CA, 92121

Mesa Rim – Online Privacy

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