This Privacy Policy applies to FitzWright Company Ltd., BARE Sportsear Corporation, FitzWright Europe (Malta) Ltd. and its affiliates («BARE», «we», «us», «our») and explains how we collect, use and disclose personal information. This policy describes the type of information we collect and use, how we will protect it, when we may disclose it, and how you can update your information.

This Privacy Policy does not apply to personal information about employees, partners or other staff, consultants, volunteers or other individuals assigned to BARE (collectively, «BARE Members»), or to any information which is not personal information as defined in or interpreted under applicable Canadian law.

At BARE, we respect your privacy. BARE will never sell, trade, rent or loan your personal information to any other organization. «Personal information» is information about an identifiable individual as described in applicable privacy legislation.

At BARE, we take steps to ensure we meet the privacy principles and requirements for personal information under Canadian law. The purpose of this Privacy Policy is to inform our customers, visitors and other individuals we deal with («you» or «your») about how we collect, use, and disclose personal information in our custody or control.

We collect, use and disclose your personal information with your consent or as permitted or required by law. Your consent may be expressed or implied, depending on the circumstances and the sensitivity of the personal information in question. In most cases, your consent to the collection, use and disclosure of personal information by BARE may be implied by the fact that you have contacted us or purchased our goods or services and voluntarily provided your personal information to us. If you provide personal information about another person to us, we assume you have the consent of that individual to enable us to collect, use or disclose their information and described in this policy.

If you choose to provide your personal information to BARE we assume that you consent to the collection, use and disclosure of your personal information as outlined in this policy.

You may refuse consent to our collection, use and disclosure of your personal information subject to legal and contractual requirements as well as reasonable notice. If you do not consent, please do not provide us with your personal information. Where applicable, please exercise the opt-in or opt-out options offered to you on our website or in our dealings with you. You may also withdraw your consent to our further collection, use and disclosure of your personal information by contacting us at dive@baresports.com or 604.533.7848. Please note that if you withdraw your consent to our use of your personal information, we may no longer be able to provide you with certain of our services.

There are instances where BARE may collect, use or disclose your personal information without your consent. For example, we may use or disclose your personal information to comply with a subpoena or court order, under applicable law, or to collect a debt you owe to us.

We collect personal information directly from you or through our interactions with you or about you. BARE may ask you to provide your personal information (including your address, date of birth, telephone number, e-mail address or work affiliation), your credit card or other financial information, or information about your opinions or preferences with respect to participation in events, programs or services offered by BARE from time to time, We also collect personal information like your product preferences, store preferences, and other information when you complete our surveys, enter our contests, or otherwise complete BARE forms.

Authorized BARE Members, our agents and service providers may have access to your personal information. We use or disclose your personal information to, as applicable, provide you with products or services, register purchased products and otherwise manage our relationship with you, improve our website and marketing practices, and to administer our events, programs or other services. We may use your personal information to offer products or services to you, communicate with you regarding the products, services or information at your request, administer our customer databases, process and collect our accounts, send you surveys, catalogues, e-mails, or other notifications of BARE products, events and offers, invite you to BARE events, and as otherwise permitted or required by law or for purposes for which you otherwise provide your consent. If you do not wish to receive information from us about our products, services or events, you may ask us not to contact you for these purposes.

We may disclose the personal information we collect from you in certain circumstances, including:

• where you have expressly or implicitly asked us to disclose your personal information to a third-party for a designated purpose (for example, to obtain credit or to attend an BARE sponsored event);
• where we reasonably believe a third-party requesting your personal information is your agent;
• if we are required or authorized by law to do so (for example, if a court issues a subpoena or order);
• as necessary to meet legal, contractual, regulatory, insurance, audit and security requirements or as is otherwise permitted or required by law.

We may collect personal information about you when you use our website. For example, we collect the personal information you tell us about yourself when you complete our online forms, when you request information through the «Contact » page of our website, or when you send us an e-mail.

We track usage patterns on our website on an anonymous basis as most websites do. Each time you visit our website, our server may record your internet service provider, browser, the date and time of your visit, the pages you visit, the documents downloaded, the searches you performed, and the referring URL you came from. We use this non-personal information to optimize your website experience.

We may also employ «cookies» (a small text file that a website can use to identify your computer) or similar technology that provides additional functionality to our website and helps us analyze website usage more accurately. Cookies allow for a personalized experience when you visit our site. Our web server may automatically recognize your registered user’s domain name and e-mail address or recognize you as a return visitor to our site. BARE may collect information on what pages you access or view as well as any information you volunteer such as survey information and/or site registrations. Cookies also record session information such as items that you add to your shopping cart. You can set your web browser to disable cookies but if you do some features of our website may not function normally.

For your convenience, we offer links from our website to other websites. If you link to another website from our website, please consult the privacy policy of that site before providing any of your personal information. BARE is not responsible for, nor do we accept any liability for, the privacy practices or content of any websites which we do not directly control.

We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not send us any information about yourself including your name, address, telephone number, or e-mail address. In the event we learn that we have collected personal information from a child under 13 without parental consent, we will delete this information as quickly as possible. If you believe that we may have received information from or about a child under the age of 13 please contact us at dive@baresports.com or 604.533.7848.

We recommend that minors over the age of 13 ask a parent or guardian for permission before sending any information about themselves to anyone, including us, over the Internet.

BARE has implemented physical, organizational, and technological security measures to safeguard the personal information in our custody or control. These include protection against loss or theft as well as unauthorized access, disclosure, copying, use or modification of personal information.

If you provide us with credit card information, that information is transmitted via Secure Socket Layer («SSL») technology and then encrypted into our databases to be used and accessed only as described in this Privacy Policy.

BARE may transfer your personal information to service providers who administer or provide products, services or information on our behalf. We use reasonable measures to require the organizations with whom we share your personal information use your personal information only to perform the services we have hired them to provide.

Some of the service providers that process or handle personal information on our behalf are located outside of Canada. As a result, your personal information may be transferred, stored and/or processed outside of Canada in connection with the purposes described in this Privacy Policy. Contractual or other measures we may use to protect your personal information are subject to the legal requirements of the foreign jurisdictions where your personal information may be transferred, stored or processed. For example, there may be lawful requirements in those jurisdictions to disclose personal information to government authorities in those countries.

BARE maintains your personal information for the purposes set out in this Privacy Policy. If you would like to request access to or correction of your personal information in BARE’s custody or control, please make your request in writing to our VP Marketing at BARE, 5760 Production Way, Langley, British Columbia, Canada V3A 4N4. We may need to verify your identity before searching for and providing you with your personal information. In some circumstances, we may not provide access to your personal information if, for example, it contains the personal information of other people, if it constitutes confidential commercial information, or if it otherwise is not properly the subject of an access request.

We predominantly use your personal information to provide you with timely products, services, and news of our events. It is important that your personal information be accurate and up-to-date. Please inform us of any changes to your personal information as soon as possible.

You may opt-out of future e-mail from us by sending an e-mail to dive@baresports.com. If you do, we will maintain your name and e-mail address in our «do not e-mail» file. If you prefer not to receive our catalogues or other material in the mail, please contact our VP Marketing at BARE, 5760 Production Way, Langley, British Columbia, Canada V3A 4N4 or by e-mail at dive@baresports.com or by telephone at 604.533.7848. At your request, we will maintain your name and address in our «no mailings» file.

In the event of changes or opt-out requests, BARE may retain the personal information necessary for record-keeping in connection with your past transactions as well as any product registrations or warranties.

If you have questions or comments about our personal information practices, please contact our VP Marketing at BARE, 5760 Production Way, Langley, British Columbia, Canada V3A 4N4 or by e-mail at dive@baresports.com or by telephone at 604.533.7848. You may contact us at the address, e-mail address or telephone above to obtain a current copy of our Privacy Policy. Questions about our website should be directed to our webmaster at dive@baresports.com.

BARE reserves the right to change this Privacy Policy at any time. Please check back from time to time to ensure you are aware of and accept any changes made to this Privacy Policy. Continued use of our website signifies your consent to the terms of this Privacy Policy as updated or amended.

This Privacy Policy and all of its graphics, logos, trademarks, and other intellectual property are the property of BARE and protected by copyright, trademark and other intellectual property laws. No reproduction of our intellectual property is allowed without BARE’s express written consent.

Thank you for taking the time to review this important information concerning our Privacy Policy. This Privacy Policy is effective on July 13, 2010 and may be revised from time to time.