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PERFORMANCEBIKE.COM PRIVACY POLICY

Performance, Inc. which operates PerformanceBike.com ("Performance Bicycle") is committed to respecting your privacy and protection. The purpose of this Privacy Policy is to inform you of what personal information we may collect from you, how we use it and the choices you have regarding our use of it. Performance Bicycle is the sole owner of the information collected on www.performancebike.com.

A Note to Non-US Users

If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using this website, you consent to this transfer and the processing of your data (personal or otherwise) in accordance with this Privacy Policy. You also consent to the adjudication of any disputes arising in connection with this website in the federal and state courts of, and in accordance with the laws of, the state of North Carolina. The applicable laws in the United States regarding the processing of data (personal or otherwise) may be less stringent than the laws in your country.

A Note to California & Canadian Users

California and Canadian users may have certain rights to know how their personal information may be shared with third parties who engage in direct marketing activities. This Privacy Policy explains our practices.

A Note to All Users

By using this website, you consent to this transfer and the processing of your data (personal or otherwise) in accordance with this Privacy Policy. You also consent to the adjudication of any disputes arising in connection with The Site in the federal and state courts of, and in accordance with the laws of, the state of North Carolina.

The Information We Collect

Registration: (Request a catalog/Join our e-list/Create an Account)
If you request a catalog or join our e-list a user is required to give their contact information (such as name, address and email address). We use this information to send the customer a catalog and/or marketing emails. It is optional for the user to provide unique identifiers (such as, username and password), but encouraged so we can provide a more personalized experience on our site. We rent our customer’s mailing address to other third party catalog companies. If you wish to remove your name from third party rentals, it can be done by emailing our Customer Support at customerservice@performancebike.com. Or, contact us by telephone or postal mail at the contact information listed below.

Placing an Order
We request information from the user on our order form. A user must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). This information is used for billing purposes, to fill customer’s orders and to send the customer a catalog. If we have trouble processing an order, the information is also used to contact the user. We rent our customer’s mailing address with other approved third party direct marketing companies. If you wish to remove your name from third party rentals, it can be done by emailing our Customer Support at customerservice@performancebike.com. Or, contact us by telephone or postal mail at the contact information listed below.

Cookies
A cookie is a piece of data stored on the user’s computer tied to information about the user. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time. We use persistent cookies with our service providers. This allows us to track our customer’s visit on www.Performancebike.com and help improve our web site’s functionality, navigation and performance. Once you close your browser, we do not use cookies to store any of your personal or financial information on your computer. We recognize that you have a choice to refuse cookies. If you choose not to accept the Performance cookie, you may still use our site for browsing but purchasing is not possible. By choosing to accept the Performance cookie, we will save items in your shopping bag for 30 days and you will not have to log in more than once during each visit (user must close browser to end visit), thereby saving time while on our site. If you are shopping on the Performance web site and are having difficulty adding product to your shopping cart or completing your order, please check your privacy settings in your browser. Your privacy setting should be set at “Medium” to shop on the Performance web site. If you prefer not to change your privacy settings, you can always place your order by phone at 800-727-2453.

Third Party Cookies
Performance Bicycle has engaged a third party service provider to track and analyze non-personally identifiable usage and volume statistical information from visitors to the website to help us administer our web site in order to constantly improve the web site quality. We do track and analyze personally identifiable usage for customers who have completed a purchase, requested a catalog or signed up for our e-list.

We may share your personally-identifiable information, including your name, address, email address, as well as a record of any transactions you conduct on our website or offline with us with a third-party advertising partner and its service providers in order to deliver to you banner advertisements and other advertising tailored to your interests when you visit certain websites.  Our advertising partner will make the data we provide it anonymous.  To learn more about the use of this information or choose not to have this information used by our third-party advertising partner by opting out please visit the Network Advertising Initiative by clicking here.

Coremetrics uses cookies to help track visitor behavior and Performance Bicycle sets cookies that will be listed under the domain www.performancebike.com. Coremetrics does not use cookies to relate website visitors to any personally identifiable information and provides Performance Bicycle with information about site usage that reflects individual behavior of visitors, but not their identity. All data collected by Coremetrics on behalf of Performance Bicycle is used only to provide us with information on site usage and is not shared with any other third parties.

Clear Gifs
We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs). Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used throughout our site to track sales and statistical information from visitors to the web site. The main difference between the two is that clear gifs are invisible on the page and are much smaller, about the size of a period at the end of a sentence. Clear gifs are not tied to users’ personally identifiable information. In addition, we use clear gifts in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If users would like to opt-out of these emails or change the type of email they receive to text, please see the Opt-out section.

How We Communicate with You

Special Offers and Updates
Established members will receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice and Opt-out sections.

Service Announcements
On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications. However, these communications are not promotional in nature.

Customer Service
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the users wishes.

How We Share Information

These are instances in which we will share users’ personal information

Legal Disclaimer concerning Subpoenas and other matters
We may disclose personal information if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of our website(s); or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).

Aggregate Information (non-personally identifiable)
We share with our business partners or relationships aggregated demographic information that excludes personally identifiable information.

Third Party Intermediaries
We use an outside shipping company to ship orders, and a credit card processing company to validate charges for goods. These companies have agreed with us that they do not retain, share, store or use personally identifiable information for any secondary purposes.

Service Providers
We partner with other third parties to provide specific services. For example, our email vendor that transmits all of our marketing emails and our service bureau is responsible for the data processing and postal sortation for each catalog mailing. When the user signs up for these particular services, we share names, email addresses and mailing address information that is necessary for the third party to provide these services. These third parties are not allowed to use personally identifiable information except for the purpose of providing these services.

We may also make certain third party offers available on our site from time to time, some of which may require us to pass a user’s personal information to them for processing. Should a user choose to accept such an offer, we will pass that user’s relevant personal information securely over SSL, which may include name, postal address, credit/debit card number and any other required billing information, to that specific third party.

Business Transitions
In the event Performance Inc. goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred. Users will be notified via email or direct mail prior to a change of ownership or control of their personal information. If as a result of the business transition, the users’ personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.

Choice/Opt-out
Our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to our site at the point where we ask for information. Users who no longer wish to receive our promotional communications may opt-out of receiving these communications by clicking on the Unsubscribe link at the bottom of the marketing emails or by emailing us at customerservice@performancebike.com. We do not share or rent email addresses with any third parties other than our email vendor who transmits all of our marketing emails. Users of our site will not be notified when their information is being collected by any outside parties.

Links
This Web site contains links to other sites. Please be aware that we, Performance Inc. are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

Wish List
If a user elects to use our Wish List, we ask them for the friend’s name and email address. Performance Bicycle will automatically send the friend a one-time email inviting them to visit the site. Performance Bicycle does not store the friend’s name or email address. We use this information for the sole purpose of sending this one-time email.

Supplementation of Information
In order for this Web site to properly fulfill its obligation to users it is necessary for us to supplement the information we receive with information for third-party sources.

ID (Address) Verification
We use a third-party software to verify a user’s mailing address.

Security

This Web site takes precautions to protect our users’ information. When users submit sensitive information via the Web site, their information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as FireFox and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just ‘surfing’. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. Any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our users’ information is protected. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility. If users have any questions about the security at our Web site, users can send an email to customerservice@performancebike.com.

Breaches of Security

We are not responsible for any breach of security caused by third parties or for any actions of any third parties that receive the information. We also may link to other websites or we may allow to be displayed on The Site advertisements of third parties. We are not responsible for such third party’s privacy policies or how they treat information about their users.

How We Protect Children's Privacy

This site is not directed towards children, minors or anyone under the age of 18.

Please do not send us any information about anyone under the age of 18, like names, addresses or email addresses. In general, we do not knowingly collect personally identifiable information from those under 18. If, in limited circumstances, we do knowingly collect personally identifiable information from someone under the age of 18, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected any personal information from a child under the age of 18 without verification of parental consent, we will delete that information from our database as quickly as possible.

Changes to this Policy Policy

We reserve the right to modify the Terms of Use, Privacy Policy or other disclaimers or legal terms at any time without giving you prior notice. Your use of The Site following any such modification constitutes your agreement to follow and be bound by such things as modified. For this reason, we encourage you to review the Privacy Policy and other terms whenever you use The Site.

How You Can Access, Change or Delete Your Information:

If a user’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or deactivate users’ personally identifiable information. This can usually be done at the Account Info page or by emailing our Customer Support at customerservice@performancebike.com. Or, contact us by telephone or postal mail at the contact information listed below. Please note that it may take up to two weeks for your request to become effective.

How to Contact Us

If users have any questions or suggestions regarding our privacy policy, please contact us at:
PO Box 2741
Chapel Hill, NC 27514
800-727-2453
Customerservice@performancebike.com

This site is operated by:
Performance, Inc.

Copyright © 2009 Performance Bicycle. All rights reserved.