CCPA

ATHLON OUTDOORS

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective Date: January 1, 2020

Last Updated: December 31, 2019

1.              Overview

This Privacy Notice for California Residents (the “Notice”) supplements the information contained in the Athlon Sports Communications, Inc. Privacy Policy (the “Privacy Policy”) for its websites, including AthlonOutdoors.com, Tactical-Life.com, PersonalDefenseWorld.com, RealWorldSurvivor.com, GunsOfTheOldWest.com, BallisticMag.com, NewPioneerMag.com, and SkillsetMag.com (collectively, “Athlon,” “we,” “us,” “our”) and applies solely to all visitors, users, and others who reside in the State of California (“consumer(s),” “you,” or “your”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice. This Notice governs each website, mobile site, application, and any service provided thereby, regardless of how distributed, transmitted, published, or broadcast (each, a “Service”) provided by Athlon, its parent, subsidiaries and/or affiliates that link to this Notice.

2.              Information We Collect

Our Services collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, our Services have collected the following categories of Personal Information from consumers within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.Some Personal Information included in this category may overlap with other categories.	NO
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	NO
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	NO
G. Geolocation data.	Physical location or movements. Zip code and country.	YES
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other Personal Information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope, such as:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personally identifiable information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Athlon obtains the categories of Personal Information listed above from the following categories of sources:

• Directly from you. For example, from information you provide through the Services and through any correspondences, such as when you set up an account, enter a sweepstakes or contest, complete a survey, make a payment, subscribe to our Services, or respond to communications (e.g., surveys, polls, requests for feedback).

3.              Use of Personal Information

We may use, sell, or disclose the Personal Information we collect for one or more of the following purposes:

• To administer the Services;
• To communicate information to you, such as new features, products, or services, as well as communications on behalf of third parties regarding their products, services, or other sales and marketing information;
• To work with our service providers who perform certain business functions or services on our behalf and who are bound by contractual obligations consistent with this Notice;
• To show you content and sponsored messaging based on geographic location information from you and/or your computer, mobile, or other device;
• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to a question about our products or services, we will use that Personal Information to respond to your inquiry.
• As described to you when collecting your Personal Information or as otherwise set forth in the CCPA; and
• For other purposes identified to you and as requested by you (please note that you have the right to withdraw your consent to such use at any time by contacting us via the information below).

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

4.              Sharing Personal Information

We may disclose your Personal Information to a third party for a business purpose or sell your Personal Information, subject to your right to opt-out of those sales (see Personal Information Sales Opt-Out and Opt-In Rights, below). While we may seek to require such parties to enter contracts describing the purpose and requiring the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract, we may not have such contracts in place with all third parties. The CCPA prohibits third parties who purchase the Personal Information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.

We share your Personal Information with the following categories of third parties:

• Service providers and other third parties that help us administer and provide the Service.
• Parents, subsidiaries, and affiliates.
• Carefully selected companies who we think may offer services and/or products that may be of interest to you.
• Data brokers or aggregators who may, for example, use the information to compile combined datasets for behavioral analysis or profiling.

5.              Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Athlon has disclosed only Personal Information categorized as “Identifiers” (see Information We Collect, above).

We disclose your Personal Information for a business purpose to the following categories of third parties:

• Service providers and other third parties that help us administer and provide the Service.
• Parents, subsidiaries, and affiliates.
• Sweepstakes sponsors to whom you have agreed to have your Personal Information shared or distributed by us.
• Data brokers or aggregators who may, for example, use the information to compile combined datasets for behavioral analysis or profiling.

6.              Sales of Personal Information

In the preceding twelve (12) months, Athlon has sold only Personal Information categorized as “Identifiers” (see Information We Collect, above).

We sell your Personal Information to the following categories of third parties:

• Sweepstakes sponsors to whom you have agreed to have your Personal Information shared or distributed by us.
• Carefully selected companies who we think may offer services and/or products that may be of interest to you.

7.              Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

8.              Access to Specific Information and Data Portability Rights

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 (12) months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights, below), we will disclose to you:

• The categories of Personal Information we collected about you.
• The categories of sources for 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 (also called a data portability request).
• If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
  • sales, identifying the Personal Information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

9.              Deletion Request Rights

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. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights, below), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

10.           Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Visiting http://www.athlonoutdoors.com/contact/
• Calling us at 212-402-3783
• Emailing aohelp@athlonoutdoors.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. To authorize an agent to act on your behalf with respect to the rights contained in this Notice, we may require proof from the agent that you have provided the authorized agent written permission to do so, and we may require that you verify your own identity directly with us. If you have provided the agent with power of attorney, that may be sufficient.

You may only make a verifiable consumer request for access or data portability twice within a twelve (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 or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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. To verify your requests, we ask that you provide information required to match the request with the consumer about whom information has been. We verify requests by matching information you provide to information that we maintain in our records. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights, below.

11.           Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, up to an additional forty-five (45) days, we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

12.           Personal Information Sales Opt-Out and Opt-In Rights

If you are sixteen (16) years of age or older, you have the right to direct us to not sell your Personal Information at any time (the “right to opt-out”). We do not sell the Personal Information of consumers we actually know are less than sixteen (16) years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between thirteen (13) and sixteen (16) years of age, or the parent or guardian of a consumer less than thirteen (13) years of age. Consumers who opt-in to Personal Information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: Do Not Sell My Personal Information

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. However, you may change your mind and opt back in to Personal Information sales at any time by emailing aohelp@athlonoutdoors.com until our request page is fully operational.

You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.

13.           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.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

While we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels, we do not currently offer such incentives. If and when we do implement financial incentives, we will notify you as required by the CCPA.

14.           Other California Privacy Rights

California Civil Code Section 1798.83 permits California residents to request and obtain a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, California residents are entitled to request and obtain such information, by e-mailing a request to ­­­­­­­­­­­­­­­­­­­aohelp@athlonoutdoors.com.

15.           Changes to Our Privacy Notice

Athlon reserves the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice on the Website and update the Notice’s effective date. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.

16.           How to Contact Us

If you have any questions or comments about this notice, the ways in which Athlon collects and uses your information described above and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact our representative(s) at the following:

• Phone: 212-402-3783
• Website: http://www.athlonoutdoors.com/contact/
• E-mail Address: aohelp@athlonoutdoors.com
• Mailing Address: Attention: Matthew Hogan; 60 E 42^nd Street, Suite 820; New York, NY 10165

Please be assured that any Personal Information that you provide in communications to us will not be used to send you promotional materials, unless you so request.