PRIVACY POLICY

Thank you for visiting www.cutterssports.com, www.shockdoctor.com, www.shockdoctor-re.com and/or www.xoathletic.com (this “Site”). We, Shock Doctor, Inc. (“Shock Doctor”) and all websites owned and operated, have taken commercially reasonable precautions to provide a level of privacy and security appropriate to the sensitivity of the personal information we collect from our customers and users. Your credit card number and other personal information will be treated with commercially reasonable levels of safety, security features and confidentiality. Although we use reasonable measures to help protect your personal information against unauthorized use or disclosure, we cannot guarantee the security of information provided over the Internet or stored in our databases.

Scope of This Online Privacy Policy

This Online Privacy and Security Policy describes how Shock Doctor protects your privacy when you use this Site and other related web sites that display this Online Privacy and Security Policy. This Online Privacy and Security Policy is incorporated by reference and is part of our Terms of Use. If you have not already reviewed the Terms of Use, please take a few minutes to do so.

Your Consent to This Online Privacy and Security Policy

By using the Site, you are agreeing to the collection, use and disclosure of your personal information as described in this Online Privacy and Security Policy. If you do not consent to the collection, use and disclosure of your personal information as described in this Online Privacy and Security Policy, you may not use our Site.

Privacy Notices

This Online Privacy and Security Policy may be supplemented or amended from time to time by “Privacy Notices” posted on specific areas of our Site. For example, certain pages of our Site contain Privacy Notices providing details about the personal information we collect on those pages, why we need that information and choices you may have about the ways we use that information.

Personal Information We Collect

“Personal information” means information that identifies you personally, either alone or in combination with other information available to us.

Information You Provide to Us.

We collect the personal information you knowingly and voluntarily provide when you use our Site, for example: the information you provide when you place an order online, become a member of our Site, and the information you submit when you review a product, add your name to our mailing list, e-mail us with questions or comments, or respond to a customer satisfaction e-mail from us. Personal information collected on our Site in this way includes: your name, address, telephone number, e-mail address, and credit card number and your correct date of birth, which we may require that you submit accurately to ensure that you do not access the Site if you are not of a legal age to purchase items offered for sale or giveaways offered on the Site. Sometimes we may ask for your telephone number. This number may be given to our courier for delivery services. These details allow us to process your order and to let you know the status of your order. The personal information submitted to Shock Doctor shall become the sole property of Shock Doctor.

Information Sent to Us by Your Web Browser.

We collect information that is sent to us automatically by your web browser (i.e. cookies). Please check your browser if you want to learn what information your browser sends or how to change your settings. The information provided by your browser does not identify you personally. If, however, you have registered as a Shopper or a Member of our Site (as described below), or if you access our Site by clicking on a link in an e-mail we have sent you, we may link the information provided by your browser to information that identifies you personally.

We use this information primarily to create statistics that help us improve our Site and make them more compatible with the technology used by our visitors. We use these cookies to collect statistical information about the ways visitors use our Site, which pages they visit, which links they use and how long they stay on each page. Cookies are also used for anonymous tracking of interaction with online advertising; for example, to monitor the number of times that a banner ad is displayed and the number of times it is clicked.

We analyze this information in statistical form to better understand our visitors’ interests and needs and to improve the content and functionality of our Site. We may compile and report to third parties (such as advertisers) aggregate statistics about our users in terms of numbers, traffic patterns and related Site(s) information. If you choose not to receive cookies, you may still use most of the features of our website(s), including the ability to purchase items.

Information Collected From Other Sources.

We may obtain information about you from other sources, including social networks that you use to connect with us. This information may include name, user name, demographic information, updated address or contact information, interests and publicly-observed data, such as from social media and online activity.

Information We Collect Using Web Beacons.

In addition to cookies, we may also use “web beacons” and other web technologies to manage our Site and email. A web beacon is a small bit of computer code that may be used to count how many people visit a web page or tell us whether an email has been opened. We may link the information we collect using web beacons and other web technologies to information that identifies you personally. The information we obtain in this manner enables us to customize the services we offer our website visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.

How We Use Your Personal Information

Shock Doctor takes great pride in having you as a customer and we will take commercially reasonable measures to ensure your privacy as a customer when you visit our Site.

We may use the personal information you provide to us:

• to provide you with products and information you purchase or request;
• to deliver special offers, promotions or other information;
• to provide you with a personalized shopping experience;
• to invite you to participate in satisfaction surveys or provide feedback to us;
• to improve the content, functionality and usability of this Site;
• to better understand your needs and interests;
• for security, credit or fraud prevention purposes; and
• for any other purpose we identify in a specific Privacy Notice.

Please read further to learn more about the ways we use personal information we collect from you in specific situations:

Registering as a Shopper.

When you purchase products from Shock Doctor on our Site, you must become a “Registered Shopper” by submitting certain personal information so that we can fill your order. You are not required to provide a username or password in order to become a Registered Shopper. We collect and store this personal and transactional information in our customer database. This information is used to fill your order, respond to your requests and track and inform Shock Doctor sales tactics and trends. We may also use this information to contact you in the future regarding your satisfaction with the products and services you purchase.

Registering as a Member.

When you visit the Site you have the opportunity to sign up to be a “Member” of the Site by submitting certain personal information and a username and password. We collect and store this personal and transactional information in our customer database. This information is used to fill your order (if you submit an order), respond to your requests and track and inform Shock Doctor sales tactics and trends. If you sign up to be a Member of our Site, we may also use your personal information to send you promotional e-mails, direct mail, news-letters and other information we think may be of interest to you. These items will only be sent to you if you choose to become a Member. If you wish to discontinue receiving such items from Shock Doctor, please let us know by following the instructions on future e-mails you receive from us, or by writing us at the above postal address and telling us that you do not want to receive such mailings from our company.

Email Comments and Inquiries.

We welcome your comments regarding this Site and encourage you to submit reviews of products you have used. Please note, however, any comments, feedback, suggestions, product reviews or other communications (collectively, “Comments”) sent to us shall be and remain the exclusive property of Shock Doctor. Your submission of Comments will constitute an assignment to Shock Doctor of all worldwide rights, title and interests in all copyrights and other intellectual property rights in the Comments.

Shock Doctor will be entitled to copy, disclose, display or perform publicly, improve and modify any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Shock Doctor will also be entitled to reduce to practice, use and improve upon any ideas or inventions that you submit to us in any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information, product ideas, inventions or original artwork.

We reserve the right to edit reviews and other materials presented by users, but we do not take responsibility for the truth or accuracy of the Comments, nor do we take responsibility if the Comments we publish are deemed objectionable or offensive by certain individuals or entities.

With Whom We Share the Personal Information We Collect Through This Site

We may share the personal information we collect through this Site as described below and in any applicable Privacy Notices.

Our Service Providers.

We may share personal information collected through our Site with companies and organizations that perform services on our behalf, for example, companies that provide support services to us (such as data storage and web hosting services) or that help us market our products and services. When we share personal information with our third-party service providers, these service providers are required by contract to use the personal information we share with them only to perform services on our behalf and to protect the confidentiality of your personal information.

Specifically, we may use a third-party company to authenticate and validate the personal information you provide to make sure our e-mail arrives successfully. If we use a third-party service provider in this way, we will have legally binding agreements with the third-party service provider that prohibits them from using your information for any purpose other than what Shock Doctor instructs them to do with it.

Select Third Parties.

We may from time to time share your personal information with carefully selected organizations so that they may contact you with information and offers that we believe will be of interest to you.

If you do not wish your personal information to be shared in this manner, you may “opt-out” at any time by sending us an e-mail.

Business Transfers.

Information submitted to our Site is an asset of Shock Doctor and/or its affiliates and will become part of our normal business records. Your personal information may be transferred to another company (either an affiliate or an unrelated third party) that has acquired the stock or assets of Shock Doctor, one of our affiliates, or one of our operating divisions, for example, as the result of a sale, merger, reorganization, dissolution or liquidation. If such a transfer occurs, the acquiring company’s use of your personal information will still be subject to this Online Privacy and Security Policy and any applicable Privacy Notices.

Government and Legal Disclosures.

We may disclose the personal information we collect through our Site when we, in good faith, believe disclosure is appropriate to comply with the law (or a court order or subpoena); to prevent or investigate a possible crime, such as fraud or identity theft; to enforce the Terms of Use or other agreements that govern your use of our Site; to protect the rights, property or safety, Shock Doctor, our users or others; and/or to protect your vital interests.

How You Can Access and, if Necessary, Change Personal Information

If for any reason you are concerned that the personal information held by our Site is not correct, please visit the appropriate website and, after logging into the Site using the 'Sign In' menu on the home page, your personal information will be made available for review and change in the 'My Account' section. Information may be changed online within My Account and Address book.

Secure Shopping

Credit Card Information.

Shock Doctor uses carefully selected service providers to process credit card transactions on our behalf. When you provide credit card information through this Site, your information goes directly from your computer to a server operated by our service provider. Our service provider uses your credit card information only to process your transaction and is bound by contract to treat all of your personal information as confidential. Although our service providers send us most of the information you provide when you complete a transaction, for your security, our service providers do not share your credit card information with us.

Password Protection.

If you sign up to become a Member of the Site, you will submit a password. You are responsible for maintaining the confidentiality of your password. We have the right to assume that anyone accessing our Site using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing our Site using a password assigned to you, even if the individual is not, in fact authorized by you. If you have reason to believe that your password may have been compromised or used without authorization, you agree to notify us promptly by sending us an e-mail, calling us at 1-800-233-6956, or writing us at:

110 Cheshire Lane

Suite 120

Minnetonka, MN 55305

We take reasonable precautions to provide a level of security appropriate to the sensitivity of the personal information we collect. We will only collect personally identifiable information to the extent deemed reasonably necessary to serve you in view of our legitimate business purposes as set out above, and we will use our best endeavors to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. For example, our Site uses Secure Sockets Layering (SSL) to encrypt your personal information before it travels over the Internet. SSL technology is the industry standard for secure online transactions. If SSL is enabled, you will see a padlock at the top of your browser and you can click on this to find out more information about the SSL digital certificate registration. You will also notice that when you look at the location (URL) field at the top of the browser, it begins with 'https:' instead of 'http:'. This means that you are in secure mode. Because we use SSL, placing an order online at our Site is just as safe as giving your credit card number over the phone.

In addition, we will take reasonable steps to ensure that third-party business partners to whom we transfer any data will provide sufficient protection of that personal information. Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal Information, we cannot guarantee the security of the data you transmit to the Site(s); any transmission is at your own risk. Once we have received your information, we will use reasonable efforts to try to prevent unauthorized access.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and to the extent we have your email address, we may notify you by email.

Privacy Policy Changes

We reserve the right to change this Online Privacy and Security Policy and any Privacy Notice by posting the revised version of this Online Privacy and Security Policy on our Site. These changes will only apply to personal information we collect after we have posted the revised Online Privacy and Security Policy on our Site. Your use of our Site following any such change constitutes your agreement that all personal information collected from or about you through this Site after the revised Online Privacy and Security Policy is posted will be subject to the terms of the revised Online Privacy Policy. We recommend that you regularly check this page to ensure that you have read the most recent version.

From time to time, for example, because of changes in the law or technology or the way we operate our business, we may ask your permission to use the personal information we have collected from you in new or different ways. We will do this by sending you a notice by e-mail or postal mail at the last e-mail or postal address you provided us, asking you to agree to the change. If you do not expressly agree to the change, we may, at our discretion, delete all or some of your personal information from our databases to avoid using your information in ways to which you have not consented.

You may access the current version of this Online Privacy and Security Policy at any time by clicking on the link marked "Privacy Policy" at the bottom of each page of our Site.

This Online Privacy and Security Policy was last modified on March 5, 2015 and is effective as of that date.

Links to Third-Party Web sites

Our Site may contain links to web sites that are not operated by Shock Doctor. These links are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party web sites nor any association with their operators. Shock Doctor does not control these web sites and is not responsible for their data practices. We urge you to review the privacy policy posted on any web site you visit before using the web site or providing any personal information about yourself.

As required, this Privacy Policy may be supplemented by additional legal requirements in jurisdictions where we conduct business. Nothing in this Privacy Policy or otherwise will create, or add to, any right or claim (whether legal, equitable or otherwise) that any individual or person may have at law or otherwise against Shock Doctor, Inc., the company or any third party or any of their respective directors, officers, employees, agents or representatives; nor will the existence of this Privacy Policy or its application impose or add to any obligations or liability upon Shock Doctor, Inc. that Shock Doctor, Inc. does not already otherwise have under law.

Children’s Privacy

Shock Doctor’s Site(s) is not directed at nor targeted to children under the age of 13. We do not use our Site to knowingly solicit personal information from or market to children under the age of 13. We request, if you are under the age of 13, do not provide us with any personal information. If we learn that someone under 13 has provided personal information to our Site, we will use reasonable efforts to remove such information from our databases.

Governing Law

This Privacy Policy is part of our Terms and Conditions and, as such, shall be governed under the laws of the State of Minnesota, United States of America without regard to its conflicts of law provisions.

Questions & Comments

We welcome your questions and comments regarding this Online Privacy and Security Policy. Please contact us at info@shockdoctor.com if you would like to speak with us concerning this Online Privacy and Security Policy or any of our other privacy policies or practices.

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