Colorado CPA

This Colorado Privacy Notice supplements the Wind ’n’ Sails Privacy Policy and provides additional information for Colorado residents regarding their rights under the Colorado Privacy Act (“CPA”) and its implementing regulations.

The terms used in this notice have the meanings given to them under the CPA. The rights described below are subject to applicable exceptions and limitations under Colorado law.

This notice generally applies to Colorado residents acting in an individual or household context and does not apply to information or individuals outside the scope of the CPA.

Wind ’n’ Sails may collect and process personal data when you visit our website, purchase our products, create or use an account, communicate with us, participate in promotions or loyalty programs, or otherwise interact with us.

Depending on how you interact with Wind ’n’ Sails, this information may include categories such as:

For additional information about the categories of personal data we process, the purposes for which we process that data, and the categories of third parties to which personal data may be disclosed, please review our Privacy Policy.

Wind ’n’ Sails may process personal data for targeted advertising as that term is defined under applicable Colorado law.

Depending on the services and technologies used on our website, personal data processed for targeted advertising may include identifiers, internet or electronic network activity, commercial information, and information about your interactions with our website and advertisements.

Colorado residents have the right to opt out of the processing of personal data for targeted advertising.

You may exercise this right through our Privacy Preferences page or through a recognized Universal Opt-Out Mechanism as described below.

Wind ’n’ Sails does not sell personal data as “sale” is defined under the Colorado Privacy Act.

If our practices change in a manner that constitutes a sale of personal data under applicable law, we will update our disclosures and provide the legally required opportunity to opt out.

Wind ’n’ Sails does not process personal data for profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers, as those terms are defined under the Colorado Privacy Act.

If these practices change, we will update this notice and provide applicable rights and choices as required by law.

Subject to applicable exceptions and limitations, Colorado residents may have the following rights under the CPA.

You have the right to confirm whether Wind ’n’ Sails is processing personal data concerning you and, if so, to access that personal data.

You have the right to request correction of inaccuracies in your personal data, taking into account the nature of the personal data and the purposes for which it is processed.

You have the right to request deletion of personal data concerning you, subject to applicable exceptions and retention requirements permitted by law.

Where required, we will instruct applicable processors to take appropriate action with respect to personal data covered by an approved request.

When exercising your right to access personal data, you have the right, where applicable, to obtain the personal data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.

We are not required to provide information in a manner that would disclose our trade secrets.

You have the right to opt out of the processing of personal data for:

Wind ’n’ Sails currently processes certain personal data for targeted advertising and provides an opt-out mechanism for that processing.

Wind ’n’ Sails does not currently sell personal data or engage in profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.

Colorado residents may exercise applicable opt-out rights through a Universal Opt-Out Mechanism (“UOOM”) that meets the requirements of the Colorado Privacy Act and its implementing regulations.

Colorado currently recognizes Global Privacy Control (“GPC”) as a Universal Opt-Out Mechanism.

When we detect a legally recognized and valid opt-out preference signal, such as GPC, we will process the signal as a request to opt out of applicable processing for targeted advertising and/or the sale of personal data, as required by Colorado law.

A Universal Opt-Out Mechanism generally applies to the browser or device from which the signal is sent. If you use multiple browsers or devices, you may need to enable the signal separately on each browser or device.

Where permitted by law, we may provide you with an opportunity to associate your opt-out preference with your account or other information we maintain about you.

We will not require you to create an account or log in solely as a condition of recognizing a valid Universal Opt-Out Mechanism, except as otherwise permitted by applicable law.

You may use an authorized agent to exercise your right to opt out of the processing of personal data for targeted advertising, sale, or qualifying profiling on your behalf, as permitted by Colorado law.

We may take commercially reasonable steps to verify the authority of an authorized agent and may request information reasonably necessary to establish that the agent has authority to act on your behalf.

A qualifying Universal Opt-Out Mechanism may also communicate an opt-out request on your behalf.

Where the CPA requires consent before processing sensitive data, Wind ’n’ Sails will obtain the required consent before engaging in that processing.

Sensitive data may include certain categories of information designated as sensitive under Colorado law, including certain information concerning racial or ethnic origin, religious beliefs, health conditions or diagnoses, sex life or sexual orientation, citizenship or citizenship status, genetic or biometric data used for unique identification, personal data from a known child, biological data, and other information treated as sensitive under applicable Colorado law.

Colorado law provides additional protections concerning the personal data of minors.

Where those provisions apply to Wind ’n’ Sails, we will process the personal data of minors in accordance with applicable Colorado requirements, including obtaining consent where required before engaging in restricted processing activities.

You may submit an applicable Colorado privacy request through our Privacy Preferences page or by contacting us using the information provided below.

We may request information reasonably necessary to authenticate your identity before completing certain requests.

We will not require authentication for an opt-out request when authentication is not permitted or required under applicable Colorado law.

If we cannot authenticate a request using commercially reasonable efforts when authentication is required, we may request additional information reasonably necessary to authenticate the request. If we remain unable to authenticate the request, we may be unable to fulfill it.

We generally will respond to an authenticated consumer request within 45 days after receiving the request.

Where reasonably necessary based on the complexity and number of requests, we may extend the response period by an additional 45 days. If an extension is required, we will notify you within the initial 45-day period and explain the reason for the delay.

Information provided in response to a request will be provided without charge for the first request during a 12-month period. For a second or subsequent request during the same 12-month period, we may charge a fee to the extent permitted by Colorado law.

If we decline to take action on your privacy request, we will inform you of the reason for our decision and provide instructions for appealing that decision.

You may submit an appeal through the method identified in our response to your request, including through our Privacy Preferences process where available.

Our appeal process will be conspicuously available and designed to be as easy to use as the process for submitting the original privacy request.

We generally will respond to an appeal within 45 days after receiving it and provide a written explanation of the action taken or not taken.

Where reasonably necessary based on the complexity and number of requests, we may extend the appeal response period by up to an additional 60 days. If we extend the response period, we will notify you within the initial 45-day period and explain the reason for the delay.

If you have concerns regarding the outcome of your appeal, you may contact the Colorado Attorney General.

Wind ’n’ Sails will not unlawfully discriminate against you for exercising rights provided to you under the Colorado Privacy Act.

We may update this Colorado Privacy Notice from time to time to reflect changes in our practices, technologies, legal requirements, or other circumstances.

When required by applicable law, we will provide notice of material changes and obtain consent where required.

For questions regarding this Colorado Privacy Notice or our privacy practices, or to exercise an applicable privacy right, please visit our Privacy Preferences page or contact:

Wind ’n’ Sails
Email: privacy@windnsails.com

For additional information about how Wind ’n’ Sails collects, uses, discloses, and protects personal data, please review our Privacy Policy.