Privacy Policy

YOUR PRIVACY IS IMPORTANT TO US 

 

This privacy policy (“Privacy Policy”) describes the policies and practices of Performance Designed Products LLC (sometimes referred to as “PDP,” “us,” “we” or “our”) relating to the information we collect when you visit this website, place an order, participate in sweepstakes, contact customer service, and use PDP’s products, software, applications, or other services (collectively, “Services”).  The creation of this Privacy Policy grows from our fundamental respect for your right to privacy and will serve to guide our relationship with you.  We value the privacy and security of your “personal information,” which as used herein means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household.  We take complying with data privacy and security laws very seriously. 

 

The purpose of this Privacy Policy is to provide you with a description of our personal information collection, use, and disclosure practices.  If you provide us with your personal information, or we obtain personal information about you from other sources, we treat your personal information according to this Privacy Policy. 

 

HOW YOU ACCEPT THE TERMS AND UPDATES TO THE PRIVACY POLICY 

 

You consent to and agree to be bound by this Privacy Policy by expressly accepting the terms of the Privacy Policy or by using PDP’s Services.  From time to time, we will update this Privacy Policy as we adopt new practices and procedures related to your personal information.  Any changes to this Privacy Policy will be placed here and will supersede this version.  If we make changes to this Privacy Policy, we will revise the “Effective/Revision Date” as provided at the end of this Privacy Policy and in certain instances we may send you a notice of any changes and/or updates if you have provided us with your e-mail address.  

 

THE PERSONAL INFORMATION WE COLLECT ABOUT YOU 

 

We collect personal information that you provide when using the Services, which includes your name, email, address, phone number, Internet Protocol (IP) address, credit/debit card, and device information.  We also collect information regarding the device you used to access this website and applications and your usage of our website, applications, and products (for example as described in our Cookies section below).  You have no obligation to use our Services.  If you do not wish to provide your personal information to us, do not access and/or utilize the Services and stop using the Services. 

 

THE REASONS WE COLLECT YOUR PERSONAL INFORMATION 

 

The personal information that we collect from you helps us learn more about your needs and provide Services to you.  The personal information we collect from you may be used in one or more of the following ways: 

 

  1. To Identify and Assist You When You Use Our Website.  When you visit a PDP website, we use your IP address to help identify you and gather broad demographic information so that we can better understand and assist our customers.  For that, our website uses cookies.  See our Cookies section below for more information. 

 

  1. To Confirm and Fulfill Your Order.  When you place an order, we will collect basic information from you, including your name, email, shipping and billing address, phone number, IP address, device data, and credit card or other payment information.  We use this information to confirm and ship your order, process your payment, respond to your questions, and improve our Services.  

 

  1. Customer Service.  We collect your personal information if you contact our customer service department to verify your identity and address your questions or concerns regarding our Services. 

 

  1. Email to a Friend Feature.  PDP may include an “email to a friend” feature on our website, which allows you to share product or other information about our Services with your friends.  Any email provided to us for this feature, is used to facilitate emailing your friend.  

 

  1. To Provide Our Product Services.  When you use PDP product software and applications, we may collect your name, email, and other personal information that you provide to us for use of such software and applications (e.g., account login, authentication, device and model, location, gender, age group, etc.).  PDP also automatically collects information about your game console’s, your personal computer’s, and/or your mobile device’s hardware and software including your user configuration, engagement per session, installations, updates, calibration, and diagnostic settings.  PDP further automatically collects data regarding application usage and related information, including but not limited to screen views, average session times and crash data/logs.   This information is used by PDP to provide and operate the Services, to maintain the quality of the Services, and to provide general statistics so that we can optimize our Services.  PDP may also collect de-identified information and aggregate data regarding user preferences and product configuration for the purpose of developing future products and for marketing, customer service and business purposes. 

 

  1. Marketing our Services.  Your email may be used to provide you notice of our Services for marketing purposes if you provide consent to receive such notifications. 

WHETHER WE SHARE YOUR PERSONAL INFORMATION WITH OTHERS 

We do not sell your personal information to third parties.  We do, however, share your personal information with third party service providers who assist us in providing the Services.  This may  include sharing your personal information with:  (1) service providers, such as, ecommerce platforms, credit card processors, and shipping companies, to assist in processing and shipping your order; (2) service providers who assist us with marketing, technology, and our business relationships; and (3) service providers who help us modify, update or upgrade our Services. 

We may also share your personal information if necessary to:  (1) comply with federal, state, or local laws; (2) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities; (3) cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local laws; or (4) exercise or defend legal claims. 

Further, we may share non-personal information with other parties as long as the information has been de-identified or aggregated.   

Lastly, we may transfer to a third-party personal information as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of our business.   

 

HOW WE PROTECT YOUR PERSONAL INFORMATION 

We have implemented and maintain reasonable security procedures and practices appropriate to the nature of the information to protect your personal information from unauthorized access and exfiltration, theft, or disclosure.  We are committed to protecting your personal information, but you can do your part.  You should create a strong password and protect against unauthorized access to your password and your computer or mobile devices.  Be sure to sign off when finished using a shared computer and do not share your password with anyone.  We cannot guarantee the security of any personal information you transmit to us, and by using our Services you acknowledge this risk.  We will notify you if there is a breach of our security where required by law or deemed necessary under the circumstances. 

 

RETENTION OF PERSONAL INFORMATION  

Your personal information will be retained for the time required to fulfil the purposes for which it was collected and processed, including for the purpose of satisfying legal, professional, contractual, regulatory, accounting or reporting obligations.   

 

CHILDREN 

We do not knowingly collect personal information from children under the age of 13.  Children under the age of 13 should not use this website.  Only adults 18 years or older are permitted to purchase our services. 

 

COOKIES 

We use cookies on this website.  Cookies are small text files that a website or its service provider transfers to your computer or other devices.  They are widely used to make websites work or improve the efficiency of a website.  Cookies help with website functionality and user experience because websites can read and write to these text files, enabling this website to recognize you and remember important information that will make your use of this website more convenient.   

 

Our websites may use cookies to keep track of the items in your shopping cart so that you do not have to re-enter them each time you visit.  Acceptance of cookies is not a requirement to browse our websites, but our shopping cart does require the acceptance of cookies to work properly, and thus you must accept cookies to place orders on our websites.   

 

We keep track of the menus and pages our customers visit to determine what Services are the most popular.  We also track access times per session, such as when a user accesses and stops using the Services and whether the user is accessing the Services on a console, personal computer, or mobile device.  We may track the manner in which you interact with the Services (which products are registering, geolocation, IP address, your country and city, your product ID, what features you use, app usage data such as screen views, average session times, crash data, etc.) when you use a PDP controller hub, for example.  This data may be used to improve services and to deliver customized content and advertising to users whose behavior indicates that they are interested in a particular subject area.  However, neither the PDP Control Hub nor any of PDP’s consumer apps collect user names or addresses. 

 

We may use tracking to advertise or create remarketing audiences of users based on user behavior/their visits and use of our Services.  We may also target these users with custom advertisements based on user configured settings and preferences, affinities/interests, and geographic locations.  We only share data through service providers who provide tracking services, such as Google Analytics (visit the following link for more information:  www.google.com/policies/privacy/partners/).   

 

DO NOT TRACK NOTICE 

 

Our website currently does not support certain browser settings or otherwise respond to Do Not Track requests.  You can find out more information about opting-out of interest-based advertising at:  http://www.networkadvertising.org/choices. 

 

THIRD PARTY WEBSITES 

 

We use service providers for some of our Services who have their own websites, which contain their own privacy policies.  This includes the services provided by Bazaarvoice, Inc., PDP’s third-party customer service provider, and Gleam, our third party sweepstakes service provider.  For more information about these service providers’ terms and conditions and privacy policies, please visit their websites.   

 

SOCIAL MEDIA SHARING FEATURES 

 

This website may offer social media sharing features or other integrated tools, which let you share actions you take on this website with other media, and vice versa.  These features may collect information about your IP address and which page you are visiting on our website, and they may set a cookie or employ other tracking technologies.  The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature.  Social media sharing features and widgets are either hosted by a third party or hosted directly on our website.  Your interactions with those features are governed by the privacy policies of the companies that provide them.  For more information about the purpose and scope of data collection and processing in connection with social media sharing features, please visit the privacy policies of the third parties that provide these features. 

 

RIGHTS OF CALIFORNIA RESIDENTS 

 

Beginning January 1, 2020, California residents may exercise certain privacy rights pursuant to the California Consumer Privacy Act of 2018 (“CCPA”).  We describe below your rights if you are a California resident. 

 

Right To Know About Personal Information Collected, Disclosed, or Sold 

 

We generally describe in this Privacy Policy how we collect, use, and share your personal information.  In addition to what is described above, as a California resident, you also have the right to request more information regarding the following topics for the preceding 12 months, to the extent applicable: 

 

  1. The categories and specific pieces of personal information we have collected about you. 
  1. The categories of sources from which we have collected your personal information. 
  1. The business or commercial purpose why we collected or, if applicable, sold your personal information. 
  1. The categories of third parties with whom we shared your personal information. 
  1. The categories of personal information that we have shared with third parties about you for a business purpose. 
  1. If applicable, the categories of personal information that we sold about you and the categories of third parties who received your personal information in the sale. 

 

You may submit a request for the information above by calling us at (800) 331-3844, emailing us at globalsupport@pdp.com, or https://support.pdp.com/hc/en-us/requests/new.  Once you contact us through one of these channels, we will need to confirm your identity to process your request. 

 

Right To Request Deletion Of Your Personal Information 

 

You have the right to request that we delete the personal information we collected or maintained about you.  Once we receive your request, we will let you know what, if any, personal information we can delete from our records, and we will direct any service providers with whom we shared your personal information to also delete your personal information from their records.   

 

There may be circumstances where we cannot delete your personal information or direct service providers to delete your personal information from their records.  Some of these instances include, but are not limited to, if we need to:  (1) retain your personal information to complete a transaction or provide a good or service; (2) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity; (3) debug to identify and repair errors that impair existing intended functionality; (4) exercise free speech or ensure the right of another consumer to exercise his or her right to free speech; (5) comply with the law; and (6) use your personal information for internal and lawful purposes. 

 

You may submit a request to delete your personal information by calling us at (800) 331-3844, emailing us at globalsupport@pdp.com, or https://support.pdp.com/hc/en-us/requests/new.  Once you contact us through one of these channels, we will need to confirm your identity to process your request. 

 

Right to Opt-Out of the Sale of Personal Information 

 

We do not and will not sell your personal information to third parties.  Accordingly, there is no need to submit a request for us to not sell your personal information.  If you have any questions, feel free to contact us at (800) 331-3844 or globalsupport@pdp.com. 

 

Right to Non-Discrimination for the Exercise of Your Privacy Rights 

 

We will not discriminate against you for exercising any of your rights under the CCPA, as described above.  This includes, but is not limited to:  (A) denying good or services to you; (B) charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; (C) providing a different level or quality of goods or services; or (D) suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services. 

 

Authorized Agent 

 

You may use an authorized agent to submit requests on your behalf to exercise the rights above. 

 

RIGHTS OF NEVADA RESIDENTS 

 

If you are a Nevada resident, you have the right to request that PDP not sell your personal information to third parties.  However, as stated in this Privacy Policy, PDP does not and will not sell your personal information to third parties.  Accordingly, there is no need to submit a request for us to not sell your personal information.  If you have any questions, please contact us as indicated below.    

 

 

NOTICE TO EUROPEAN UNION RESIDENTS 

 

 

Controller 

 

For the personal data processing activities described above, PDP is the controller, and can be contacted at legal@pdp.com. 

 

European Union Data Subject Rights 

 

Under the European Union’s General Data Protection Regulation (“GDPR”), you have the following rights if you are in the European Union, under certain circumstances and grounds, while we are in possession of your personal data. 

 

  • Right to obtain confirmation as to whether your personal data is being processed, access to your personal data, and information regarding the processing; 
  • Right to rectify inaccurate or incomplete personal data concerning you; 
  • Right to erasure of your personal data; 
  • Right to restrict processing of your personal data; 
  • Right to object to the processing of your personal data; 
  • Right to object to decision making based solely on automated processing; 
  • Right to receive your personal data in a structured, commonly used and machine-readable format and have the right to transmit that data to another controller (i.e., “data portability”); 
  • Right to unsubscribe from marketing materials; 
  • Right to withdraw consent to any consent-based processing activities; and/or 
  • Right to lodge a complaint with relevant supervisory or other authorities. 

 

This Privacy Policy does not create, extend or modify any of the foregoing rights under the GDPR.  For questions regarding these rights, please contact us as indicated in the “Contacting Us” section below. 

 

Purpose of the Processing 

 

Personal data is collected, recorded, sorted and saved, as described above, to comply with our contractual obligations, to fulfill our legal obligations, for our legitimate business needs, and pursuant to your consent.  Personal data may be processed by service providers, as described above.  

 

Consequences of Failing to Provide Personal Data 

 

As mentioned above, it is optional for you to provide us your personal data.  However, if you do not provide us your personal data, you may not be able to receive certain Services. 

 

Sensitive Personal Data 

 

We ask that you do not disclose Sensitive Personal Data (e.g., race or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic/biometric/health data, or information regarding your sex life or sexual orientation) on our website. 

 

International Data Transfers 

 

PDP is a global business based in the United States.  Your personal data may be transferred within PDP or to other PDP affiliated entities, as well as to service providers who may process your personal data on our behalf.  This means your personal data may be transferred to and processed in the United States or other countries. 

 

The privacy laws in some countries may not provide protections equivalent to those in your country of residence, and your government may or may not deem such privacy protections adequate.  For example, European authorities have deemed the United States to have an inadequate level of protection for personal data.  If your personal information is transferred to a jurisdiction that does not have data protection laws as comprehensive as Europe’s (under the GDPR), we may seek a contractual commitment from the recipient to handle your information in accordance with European Privacy Principles.   

 

Informed Consent 

 

Regardless of the foregoing, by purchasing, downloading, or using our goods and/or services (or selecting “I agree” or equivalent, if applicable), you consent to your personal information being transferred to, processed, used, shared and stored in the United States or another country as set forth in this Privacy Policy.  You  acknowledge that in some circumstances, depending on the laws of that country and the nature of any contractual commitment we may have obtained from the recipient, this may leave you without a remedy in the event of a privacy breach in that jurisdiction. 

 

 

NOTICE TO AUSTRALIAN RESIDENTS 

 

Application of this Part 

 

This part of our privacy policy will apply to individuals from whom we collect personal information whilst carrying on business in Australia. 

 

Application of our general Privacy Policy 

 

The commitments given under our general privacy policy above apply equally to individuals from whom we collect personal information whilst carrying on business in Australia, specifically in relation to: 

 

  • the type of personal information we collect; 
  • how we collect it; 
  • the reasons we collect it; 
  • how we share it; 
  • how we protect it; and 
  • the extent to which we retain it. 

 

Accessing your personal information 

 

You are permitted to obtain access to the personal information we hold about you in certain circumstances, and you are allowed to correct inaccurate information subject to certain exceptions. If you wish to seek access for this purpose, please contact us as set out below. 

 

Complaint procedure 

 

If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below.  We may seek further information from you to clarify your concerns.  If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem.  If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner. 

 

International Data Transfers 

 

PDP is a global business based in the United States.  Your personal data may be transferred to other PDP affiliated entities, as well as to service providers who may process your personal data on our behalf. This means your personal data may be transferred to and processed in the United States or in other countries.   

 

The privacy laws in some countries may not provide protections equivalent to those in Australia, and the Office of the Australian Information Commissioner may or may not deem such privacy protections to be sufficiently similar.   

 

If your personal information is transferred to a jurisdiction which does not have data protection laws as comprehensive as Australia’s, we may seek a contractual commitment from the recipient to handle your information in accordance with the Australian Privacy Principles. 

 

Informed Consent 

 

Regardless of the foregoing, by purchasing, downloading, or using our goods and/or services (or selecting “I agree” or equivalent, if applicable), you consent to your personal information being transferred to, processed, used, shared and stored in the United States or another country as set forth in this privacy policy.  You  acknowledge that in some circumstances, depending on the laws of that country and the nature of any contractual commitment we may have obtained from the recipient, this may leave you without a remedy in the event of a privacy breach in that jurisdiction. 

 

CONTACTING US 

 

If you have any questions regarding this Privacy Policy, please contact us at legal@pdp.com. 

Effective/Revision Date: July 21, 2021