Privacy Policy

Last updated: May 26, 2021

INTRODUCTION AND ACCEPTANCE OF PRIVACY POLICY

Trails Offroad LLC ("Trails Offroad," the "Company," "we," or "us") values your trust and wants you to be familiar with how we collect, use, and disclose information. This Privacy Policy describes our practices in connection with information that we collect through:

  • Our website at https://www.trailsoffroad.com (the "Website");
  • Our social media pages that we control from which you are accessing this Privacy Policy (our "Social Media Pages")
  • HTML-formatted email messages that we send to you that link to this Privacy Policy or other communications with you;
  • Our mobile application (the "App"); and
  • Offline business interactions you have with us.

Collectively, we refer to the Website, Social Media Pages, emails, the App, and offline business interactions as the "Services."

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE WEBSITE OR APP OR USE OUR SERVICES.

INFORMATION WE COLLECT

We collect information in the following ways: if and when you provide information to us, information we collect automatically when you utilize our Services, information we collect from other sources, and information we collect through our Services.

Information You Provide to Us

When you contact us or interact with our Services, we collect information that alone or in combination with other information could be used to identify you. The amount and type of information depends on the context and how we use the information and includes the following examples:

  • Basic Account Information: We ask for basic information from you in order to set up your account. When you sign up, some information is required to create an account on our Services, such as your username, email address, and zip code.
  • Transaction and Billing Information: If you buy a subscription to our Services, you will provide additional personal and payment information that is required to process the transaction and your payment, such as your name, credit card information, and contact information.
  • Communications With Us: You may also provide us information when you respond to surveys or communicate with us about a support question.
  • Additional Information: To help improve your experience or enable certain features of the Services, you may choose to provide us with additional information, such as the Make and Model of your vehicle, a profile picture, your reviews and photographs of trails, questions you post on the Services, your responses to other users' questions through the Services, statistics on your trail usage, the number of years you have participated in off-roading, and a brief personal description included with your user profile.

Information We Collect Automatically

We also collect some information automatically:

  • Log Information: We collect information that web browsers, mobile devices, and servers typically make available, such as the computer operating system, browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use our Services.
  • Device Information: We collect information that may include the name of your device, the operating system, and the browser you are using to access the Services. Information collected may depend on the type of device you use and its settings.
  • Usage Information: We collect information about how you use our Website and App, including the type of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities. We also collect information about what happens when you use our Services (e.g., page views, trails downloaded as GPX files, login frequency) along with information about your device (e.g., screen size, name of cellular network, and mobile device manufacturer). We use this information to, for example, provide our Services to you, as well as get insights on how people use our Services, so we can make our Services better.
  • Geolocation Information: If you have enabled location services within our App on your mobile device or on your computer via the Website, we may collect your precise location information based on city, state, zip code, country, latitude, and longitude. We may also derive your approximate location from the IP address of your computer or mobile device. Geolocation data is used for purposes of directing you to nearby trails and offering other relevant content and services.

Information from Cookies and Similar Technologies

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Pixel tags (also called web beacons) are small blocks of code placed on websites and emails. To collect information automatically as described in this section, Trails Offroad and its service providers may use cookies and other technologies like pixel tags to help us identify and track visitors, usage, and access preferences for our Services, as well as track and understand email campaign effectiveness. Our use of cookies is specified in our Cookie Policy, which is updated regularly to reflect current practices. You can turn off your web browser's ability to accept cookies, but if you do so, certain parts of our Services may not work for you.

Information We Collect from Other Sources

We may also get information about you from other sources. For example, if you create or log into your All-Access Member account through another service (i.e., Google Single Sign-On), we will receive information from that service (such as your basic profile information) via the authorization procedures used by that service. If you elect to authenticate to our Service using your account on another service, we may receive from the other service information like your external account name as well as other information you may choose to make available to us based on your external account settings, such as contact lists and profile photos (if any). You can stop sharing the information from the other service with us by removing our access to that other service.

Some content or applications, including advertisements, on the Services are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies to collect information about you when you use our Services. We do not control how these third-party tracking technologies operate or how they may use the collected data. If you have any questions about an advertisement or other content, you should contact the responsible provider directly. For information about how you can opt out of receiving advertising from many providers, see "Choices" in "How and Why We Use Your Information".

HOW AND WHY WE USE YOUR INFORMATION

Purposes for Using Information

We use information about you as mentioned above and for the purposes listed below:

  • To operate, maintain, and improve our Services;
  • To provide our Services, for example, to set up and maintain your account or charge you for any of our paid Services;
  • To communicate with you and respond to your inquiries, comments, feedback; or questions;
  • To further develop and improve our Services, for example by adding new features that we think our users will enjoy;
  • To monitor and analyze trends and better understand how users interact with our Services, which helps us improve our Services and make them easier to use;
  • To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition for example, we may analyze how many individuals purchased a plan after receiving a marketing message or the features used by those who continue to use our Services after a certain length of time;
  • To measure or understand the effectiveness of the advertising we serve to you and others and to deliver relevant advertising to you;
  • To monitor and prevent any problems with our Services, protect the security of our Services, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect the rights and property of Trails Offroad and others, which may result in us declining a transaction or the use of our Services; and
  • To personalize your experience using our Services and target our marketing messages to groups of our users. If we do, where required by law we will only send you such emails if you consent to us doing so at the time you provide us with your personal information. You may opt out of receiving emails by following the instructions contained in each promotional email we send you or by contacting us at support@trailsoffroad.com or adjusting your user preferences in your user profile. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding our Services and to respond to your requests.

We may use personal information to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

We may use non-personal data for any business purpose.

Sharing Information

We do not sell our users' private personal information. We share information about you in the limited circumstances spelled out below and with appropriate safeguards in place to protect your privacy:

  • Subsidiaries, Employees, and Independent Contractors: We may disclose information about you to our subsidiaries, our employees, and individuals who are our independent contractors that need to know the information in order to help us provide our Services or to process the information on our behalf. We require our subsidiaries, employees, and independent contractors to follow this Privacy Policy for personal information that we share with them.
  • Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us, or to provide their services to you or your site. This group includes vendors that help us provide our Services to you (like payment providers that process your credit and debit card information), those that assist us with our marketing efforts (e.g., by providing tools for identifying a specific marketing target group or improving our marketing campaigns), those that help us understand and enhance our Services (like analytics providers). We require vendors to agree to privacy commitments in order to share information with them.
  • Legal Requests: We may disclose information about you in response to a subpoena, court order, or other governmental request, including to meet national security or law enforcement requirements.
  • To Protect Rights, Property, and Others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of Trails Offroad, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
  • Business Transfers: In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company, or in the unlikely event that Trails Offroad goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Privacy Policy.
  • With Your Consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties with which you authorize us to do so, such as if you use the "share with a friend" feature in our Services.
  • Aggregated or De-Identified Information: We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our Services.
  • Published Support Requests: And if you send us a request (for example, via a support email or one of our feedback mechanisms), we reserve the right to publish that request in order to help us clarify or respond to your request or to help us support other users.

How Long We Keep Information

We keep personal information for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a legitimate business need to do so, or as required by law (e.g., for tax, legal, accounting or other purposes), whichever is the longest. If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies. To determine the appropriate retention period for your personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information, and whether we can achieve those purposes through other means, and the applicable legal requirements.

Children's Privacy

Our Services are not intended for general audiences and not for children under the age of 18. No one under age 18 may provide any personal information on the Services. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Services. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at support@trailsoffroad.com.

Security

While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Services for potential vulnerabilities and attacks. However, you use the Services at your own risk. We comply with industry standards to protect personal information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Services or email. Please keep this in mind when disclosing any personal information to Trails Offroad. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Services, or third party websites.

Choices

You have several choices available when it comes to information about you:

  • Limit the Information that You Provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our Services may not be accessible.
  • Opt-Out of Electronic Communications: You may opt out of receiving promotional messages from us. Just follow the instructions in those messages. If you opt out of promotional messages, we may still send you other messages, like those about your account and legal notices.
  • Delete Your Account: If you no longer want to use our Services, you can delete your Trails Offroad account. Please keep in mind that we may continue to retain your information after closing your account, as described in "How Long We Keep Information" above, for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, or reasonably needed for our legitimate business interests.
  • Opt-Out of Tracking Technologies and Advertising: You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of the Services may become inaccessible or not function properly.

Privacy Policy for Residents of Certain States in the USA

Some USA state laws (e.g., California and Nevada) provide state residents with additional privacy rights. This Privacy Policy meets current U.S. state privacy and data protection law and will be updated as these laws evolve. We do not sell your personal information as defined by any applicable US law, including the California Consumer Protection Act (2018) (the "CCPA").

California Residents: Additional Disclosures Related to Collection, Use, and Disclosure of Personal Information

If you are a California resident, the CCPA requires us to disclose the following information with respect to our collection, use and disclosure of personal information.

  • Categories of Personal Information Collected: In the preceding 12 months, we have collected the following categories of personal information: identifiers, personal information categories listed in the California Customer Records statutes, commercial information, internet or other similar network activity, geolocation data, and inferences drawn about your preferences. For examples of the personal information we collect, please see "Information We Collect" above.
  • Business or Commercial Purpose for Collecting and Using Personal Information: We collect personal information for the business purposes described in "How and Why We Use Information" above.
  • Categories of Sources of Personal Information: We collect personal information directly from you, automatically, and from other sources, each of which is more particularly described in "Information We Collect" above.
  • Categories of Personal Information Disclosed: In the preceding 12 months, we have disclosed the following categories of personal information for business or commercial purposes: identifiers and personal information categories listed in the California Customer Records statutes.
  • Categories of Third Parties with whom We Share Personal Information: We may share your personal information with the third parties as described in "Sharing Information" above.
  • Sale of Personal Information: Trails Offroad does not sell your personal information.

Your Consumer Rights

California consumers have the right to request access to their personal information, additional details about our information practices and deletion of their personal information (subject to certain exceptions). We describe how California consumers can exercise their rights under the CCPA below. Please note that you may designate an authorized agent to exercise these rights on your behalf by providing written materials demonstrating that you have granted the authorized agent power of attorney. Please note that if an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your personal information.

  • Right to Know: You may request access to the specific pieces of personal information we have collected about you in the prior 12 months. You may also request additional details about our information practices, including the categories of personal information we have collected about you, the sources of such collection, the categories of personal information we share for a business or commercial purpose, the categories of third parties with whom we share your personal information, and the specific pieces of personal information we collected about you (also called a data portability request). We are required by law to verify your identity prior to granting access to your data in order to protect your privacy and security.
  • Deletion: You may request that we delete the personal information we have collected about you. Please note that we may retain certain information as required or permitted by applicable law, and we may deny your deletion request if retaining the personal information is necessary for us or our service providers under one of the nine statutory exceptions listed in Cal. Civ. Code § 1798.105, as amended by AB 1146. We are required by law to verify your identity prior to deleting your information in order to protect your privacy and security. If you request to delete your personal information, certain of our products and services may no longer be available to you.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us in writing at Trails Offroad LLC, 1801 North Broadway, 5th Floor, Denver, Colorado 80202,or send an email to support@trailsoffroad.com. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not deny you goods or services; charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; provide you a different level or quality of goods or services; and/or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Information for European Union Residents: Your EU Privacy Rights

If you are located in certain countries, including Switzerland or those countries that fall under the scope of the European Union's General Data Protection Regulation ("GDPR"), data protection laws give you rights with respect to your personal data (as defined by GDPR), subject to any exemptions provided by the law, including the rights to:

  • Request access to your personal data;
  • Request correction or deletion of your personal data;
  • Object to our use and processing of your personal data;
  • Request that we limit our use and processing of your personal data; and
  • Request portability of your personal data.

You can usually access, correct, or delete your personal data using your account settings and tools that we offer, but if you aren't able to do that, or you would like to contact us about one of the other rights, scroll down to "How to Reach Us" to, well, find out how to reach us. European Union ("EU") and Swiss individuals also have the right to make a complaint to a government supervisory authority.

Legal Bases for Use of Your Information

The legal bases for using your information as set out in this Privacy Policy are as follows:

  • Where use of your information is necessary in order to fulfill our commitments to you under our Terms of Service and/or other agreements with you or is necessary to administer your account (for example, in order to enable access to our Services on your device or charge you for your subscription);
  • Where use of your information is necessary for compliance with a legal obligation;
  • Where use of your information is necessary in order to protect your vital interests or those of another person;
  • Where use of your information is necessary for our legitimate interests or the legitimate interests of others (for example, to provide and update our Services, to improve our Services so that we can offer you an even better user experience, to safeguard our Services, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, to monitor and prevent any problems with our Services, and to personalize your experience); or
  • Where we have your consent, in accordance with applicable law (for example before we place certain cookies on your device and access and analyze them later on).

Data Processors

We rely on the following third-party services to help our Services operate:

  • Chargebee (USA) – for membership management
  • Stripe (USA) - to safely and securely handle customer billing
  • RevenueCat (USA) – to enable in-app subscriptions and purchases
  • Heroku (USA) – to host our application
  • Amazon Web Services (USA) - to host our images and files
  • Mapbox (USA) - to host our geometry data and basemap tiles
  • ButterCMS (USA) - to host our blog posts
  • Public Government APIs (USA) - to present weather information and to present MVUM data to our writers
  • Sparkpost (USA) - for transactional emails
  • YouTube (USA) - to host our videos
  • Google Cloud (USA) – to facilitate Google single sign-on for customers
  • Google APIs (USA) - to help us with geocoding, reverse geocoding, and retrieving information at a point
  • Zoho Sales IQ (USA) – for customer support software

International Transfer of Data

The information discussed in this Privacy Policy is processed in the United States ("US"). Trails Offroad requires your explicit consent for use of the Services that require you to provide personal information as part of the Services. If you are located in the European Economic Area (the "EEA") this explicit consent is in accordance with Article 49(1)(a) of GDPR and provides a lawful basis (GDPR Article 6) for the processing of your personal data (as defined by GDPR), including the international transfer to the US. The US may have data protection laws less stringent than or otherwise different from the laws in effect in the country in which you are located.

Sensitive Information

Do not send us, directly or indirectly, any sensitive or special categories of personal information (e.g., social security numbers or other national identifiers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics, or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise. We do not require and do not request any sensitive or special categories of personal information in connection with our provision of the Services. Any such information that may be implied or apparent from images you provide to us through the Services are incidental to our provision of the Service. We do not as a matter of course monitor any content you upload through the Services. Please review our Terms of Service for details regarding User Content.

Links to Other Websites

The Services may contain advertisements for or links to other websites, products, or services not operated or controlled by Trails Offroad, including Social Media Pages ("Third Party Sites"). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing links to Third Party Sites, we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.

Changes to Our Privacy Policy

Although most changes are likely to be minor, Trails Offroad may change its Privacy Policy from time to time, and in the Company's sole discretion. Trails Offroad encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

How to Reach Us

If you have a question about this Privacy Policy, or you would like to contact us about any of your rights mentioned herein, please contact us at support@trailsoffroad.com. You may reach us by mail at Trails Offroad LLC, 1801 North Broadway, 5th Floor, Denver, Colorado 80202, USA.