Collection and Use of Personal Information
Personal information is data that can be used to identify or contact a single person.
Here are some examples of the types of personal information Balboa may collect and how we may use it.
What personal information we collect
- When you apply to become a Balboa wholesaler, purchase a product, contact us or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and credit card information.
How we use your personal information
- The personal information we collect allows us to keep you posted on Balboa’s latest product announcements and upcoming events.
- We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.
- We may use your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services.
- From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Balboa, you may not opt out of receiving these communications.
- We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Balboa products, services, and customer communications.
- If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.
Collection and Use of Non-Personal Information
We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose.
The following are some examples of non-personal information that we collect and how we may use it:
- We may collect information such as occupation, language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where a Balboa product is used so that we can better understand customer behavior and improve our products, services, and advertising.
- We may collect and store details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services. Except in limited instances to ensure quality of our services over the Internet, such information will not be associated with your IP address.
If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
Cookies and Other Technologies
If you want to disable cookies and you’re using the Safari web browser, go to Safari preferences and then to the privacy pane to disable cookies. On your mobile device, go to Settings, then Safari, and then to the Cookies section. For other browsers, check with your provider to find out how to disable cookies.
As is true of most internet services, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data.
We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole. Balboa may use this information in our marketing and advertising services.
In some of our email messages, we use a “click-through URL” linked to content on a Balboa website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.
Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.
Our Companywide Commitment to Your Privacy
To make sure your personal information is secure, we communicate our privacy and security guidelines to Balboa employees and strictly enforce privacy safeguards within the company.
All such communications are examined and replies issued where appropriate as soon as possible. If you are unsatisfied with the reply received, you may refer your complaint to the relevant regulator in your jurisdiction. If you ask us, we will endeavor to provide you with information about relevant complaint avenues which may be applicable to your circumstances.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Balboa, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Balboa products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Balboa for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Balboa reserves the right to bar any such activity.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
Purchases; Other Terms and Conditions
Balboa’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Balboa may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Balboa makes no commitment to update the materials on the Site with respect to such products and services.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including applying to become a wholesaler). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Balboa immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Balboa or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s account at any time without the express permission and consent of the holder of that password or account. Balboa cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
BALBOA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BALBOA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BALBOA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BALBOA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BALBOA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BALBOA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Balboa reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Balboa be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Balboa has been advised of the possibility of such damages.
You agree to indemnify and hold Balboa, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Balboa by any third party due to or arising out of or in connection with your use of the Site.
Balboa may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Balboa rights or property, or the rights or property of visitors to or users of the Site, including Balboa customers. Balboa reserves the right at all times to disclose any information that Balboa deems necessary to comply with any applicable law, regulation, legal process or governmental request. Balboa also may disclose your information when Balboa determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Balboa may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Balboa shall be free to use such information on an unrestricted basis.
By accessing this site and using any Balboa Trademarks or Copyrights (the “Balboa IP”) in your marketing efforts, you expressly agree to adhere the Guidelines for Using Balboa Trademarks and Copyrights (the “Guidelines”). Failure to adhere to these Guidelines may result in the immediate termination of any business relationship with Balboa and being banned from our global distribution network. We may monitor your use of Balboa IP for the purpose of ensuring adherence to these Guidelines. By using any Balboa IP, you irrevocably consent to the exclusive jurisdiction and venue of courts in San Diego County, California, U.S.A.
GUIDELINES FOR USING BALBOA TRADEMARKS AND COPYRIGHTS
These guidelines are for Balboa licensees, authorized resellers, customers, and other parties wishing to use Balboa trademarks, service marks or photographic images in promotional and advertising materials, on their web sites or any third party websites. Use of Balboa images, copyrights and trademarks for commercial purposes without strict adherence to these Guidelines may constitute copyright or trademark infringement and unfair competition in violation of federal and state laws. Use of Balboa copyrights or trademarks may be prohibited, at Balboa’s sole discretion.
If you are a licensee of a Balboa trademark or logo and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines. If you are a Balboa Authorized Reseller, you may be subject to additional restrictions.
Balboa’s copyrights, product images, trademarks, service marks, trade names, and trade dress are valuable assets (“IPR”). In following these guidelines, you help us protect our valuable copyright and trademark rights and strengthen our corporate and brand identities. By using a Balboa trademark or copyright protected image, in whole or in part, you are acknowledging that Balboa is the sole owner of the IPR and promising that you will not interfere with Balboa’s rights in the IPR, including challenging Balboa’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any Balboa trademark. The goodwill derived from using any part of a Balboa trademark exclusively inures to the benefit of and belongs to Balboa. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please talk to your Balboa representative or submit your query to Balboa’s Legal Department.
Authorized Use of Balboa Trademarks and Copyright Protected Photographs
- Advertising, Promotional, and Sales Materials: Only Balboa and its authorized resellers and licensees may use any Balboa Trademarks and Copyright protected images in advertising, promotional, and sales materials. Such authorized parties may use the Balboa Logo only as specified in their agreement with Balboa and any associated Guidelines and such use must always be in conjunction with the appropriate terms that define the relationship authorized by their contract with Balboa. For example:
- Authorized Dealer
- Authorized Distributor
- Authorized License
Unauthorized Use of Balboa Trademarks
- Company, Product, or Service Name: You may not use or register, in whole or in part, Balboa, ZANheadgear®, Bobster®, or any other Balboa trademark, including Balboa-owned graphic symbols, logos, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these guidelines.
- Balboa-owned Graphic Symbols: You may not use any Balboa-owned graphic symbol or logo, on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from Balboa, such as a reseller agreement.
- Variations, Takeoffs or Abbreviations: You may not use any variation of any Balboa logos and trademarks for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of any Balboa trademark for any purpose. For example: Not acceptable: Zany Headgear Bobster®Australia Flybandanna
- Disparaging Manner: You may not use a Balboa trademark or any other Balboa-owned graphic symbol or logo in a disparaging manner.
- Endorsement or Sponsorship: You may not use Balboa, Bobster®, ZANheadgear®, or any other Balboa trademark, including Balboa-owned graphic symbols/logos in a manner that would imply Balboa’s affiliation with or endorsement, sponsorship, or support of a third party product or service.
- Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing Balboa, Bobster®, ZANheadgear® or any other Balboa trademark, including graphic symbols/logos, except pursuant to an express written trademark license from Balboa.
- Balboa’s Trade Dress: You may not imitate the distinctive Bobster® or ZANheadgear® packaging, web site design, logos, or typefaces.
- Slogans and Taglines: You may not use or imitate a Balboa brand slogan or tagline.
- Domain Names: You may not use or purchase an identical or virtually identical Balboa trademark as a second level domain name. Not Acceptable: “BobsterAustralia.com” “ZanEyewear.com” “Flybandanna.com”
- You may not use any Balboa trademarks standing alone except to denote or refer to the Balboa brand product line.
- You may use “Bobster®” or “ZANheadgear®” or “ZAN” in your product name, company name, trade name, or service name provided your name satisfies the following criteria:
- Your product is not eyewear, headwear or apparel of any kind.
- Any of the trademarks are used in combination with another non-generic word. Acceptable: ZANVenus Bobster®CharlieNot Acceptable: ZANCharleston Bobster®Sales
- “Bobster®,” “ZAN” or any other Balboa trademark does not appear more prominently than the rest of the name in size, color, or typeface.
- Your name does not suggest a false association with Balboa, Bobster® or ZANheadgear®.
- Your name is not confusingly similar to any trademark owned or used by Balboa, worldwide.
- You acknowledge that Balboa is the sole owner of the trademarks and that you will not interfere with Balboa’s use or registration of the trademarks alone or in combination with other words.
- If you are a Balboa Authorized Reseller or licensee, you may be subject to additional restrictions.
Rules for Proper Use of Balboa Trademarks
- Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service.
- As adjectives, trademarks may not be used in the plural or possessive form. Correct: I bought two Flydanna headwraps.Not Correct: I bought two Flydannas.
- An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that. For a list of suggested generic terms see the Balboa Trademark List.
- Always spell and capitalize Balboa’s trademarks exactly as they are shown in the Balboa Trademark List. Do not shorten or abbreviate Balboa product names. Do not make up names that contain Balboa trademarks.
Proper Trademark Notice and Attribution
- Distribution Within the United States Only
- On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (TM, SM, ®) the first time the Balboa trademark appears in the text of the advertisement, brochure, or other material.
- Refer to the Balboa Trademark List for the correct trademark symbol, spelling of the trademark, and generic term to use with the trademark. Generally, the symbol appears at the right shoulder of the trademark.
- Include an attribution of Balboa’s ownership of its trademarks within the credit notice section of your product, product documentation, or other product communication. Following are the correct formats:_________ and _______ are registered trademarks of Balboa Manufacturing._________ and _______ are trademarks of Balboa Manufacturing.
- Distribution Outside the United States:
- Do not use trademark symbols on products, product documentation, or other product communications that will be distributed outside the United States.
- Use one of the following international credit notices: _________ is a trademark of Balboa Manufacturing, registered in the U.S. and other countries._________ is a trademark of Balboa Manufacturing
Depictions of Balboa Products
- Endorsement or Sponsorship: Balboa does not support the use of its logos, company names, product names, or copyrights by other parties in marketing, promotional or advertising materials as their use may create the perception that Balboa endorses or sponsors the product, service or promotion.
For further information with respect to Balboa’s copyrights, which includes, but is not limited to, all product, lifestyle and action photographs, artwork on various products, website designs, videos, sticker designs, product use images, banners, marketing tools and packaging, please submit your request in writing to the Legal Department.
BALBOA’S TRADEMARK LIST
A trademark can be a word, phrase, symbol, or design that distinguishes the source of the goods or services. Also, as trade dress, it can be the appearance of a product or its packaging, including size, shape, color, texture, graphics, and appearance (e.g, retail store or website).
The following is a non-exhaustive list of Balboa’s trademarks and service marks.
When using the marks in publications that will be distributed only in the United States, include the appropriate ™, ℠, or ® symbol on first use. For publications that will be distributed outside the United States, do not include trademark symbols. Instead use the appropriate trademark attribution notice, for example: Bobster® and ZANheadgear® are trademarks of Balboa Mfg., registered in the U.S. and other countries.
The list also includes a suggested generic term for each trademark. For all publications, include an appropriate generic term after the trademark the first time it appears. Thereafter, the generic term should appear frequently with the trademark. (These generic terms are only suggestions, and there may be other words that are equally appropriate.)
Trademarks are adjectives, and should not be made into verbs or made plural or possessive.
The absence of a product or service name or logo from this list does not constitute a waiver of Balboa’s trademark or other intellectual property rights concerning that name or logo.
|BALBOA’S TRADEMARKS||GENERIC TERMS|
|Bobster®||Eyewear, Motorcycle Eyewear, Tactical Eyewear|
|ZANheadgear®||Face Mask, Balaclava, Neck Gaiter, Apparel|
|ZAN®||Eyewear, Headwear, Apparel|
|Flydanna®||Headwear, Do-Rag, Helmet-liner|
|Highway Honey®||Eyewear, Watch, Headwear|
|Neodanna®||Face Mask, Balaclava|
|Motley Tube®||Neck-tube, Neck Gaiter|
|MicroLUX®||Face Mask, Helmet Liner, Scarf|
|Modi-Face®||Face Mask, Balaclava|
To Report Counterfeits Please Email Legal@Balboamfg.com