Effective Date: 01/12/2014
1. GoPro International Compliance
GoPro cares deeply about online privacy. GoPro complies with the US-EU Safe Harbor Framework and US-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. GoPro has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/.
GoPro has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by GoPro, please visit the BBB EU SAFE HARBOR web site for more information and to file a complaint: BBB.org/us/safe-harbor-complaints.
2. Information You Provide
GoPro collects both personally identifiable information and non-personally identifiable information that you provide. “Personally Identifiable Information” is information that identifies you and can be used alone to contact you online or offline. GoPro may collect personally identifiable information from you in the context of:
- Creation and administration of your user account;
- Contest registration and prize acceptance;
- Processing your order for products or services offered by GoPro;
- Registration for your GoPro products;
- Providing updates to you for your GoPro products;
- Newsletter subscriptions;
- Access to GoPro products or services on social networks or third party services;
- Services provided online, by way of your mobile device or the GoPro software; and
- Other uses of our software, mobile, or online services where Personally Identifiable Information is requested for use and/or participation.
The specific types of Personally Identifiable Information collected will depend upon the activity and may include your full name, email address, phone number, home address, mobile phone number, credit card information, and shipping address. Our mobile services may request access to your photos, wi-fi network name and product serial number. Those who win a prize in our contests may be required to provide their social security number and other identification for tax purposes, which will only be used for prize fulfillment purposes. This information collection may take place by way of our online services, mobile services, or GoPro software services, for example, GoPro may enable you to submit registration information through the website, mobile app or GoPro software (including GoPro Studio).
GoPro may also ask for “non-Personally Identifiable Information,” i.e., information that, alone, cannot be used to identify or contact you. Such non-Personally Identifiable Information may include, for example, gender, birth date, zip code. You may be asked to submit non-Personally Identifiable Information with Personally Identifiable Information or separately.
3. Automatically Collected Information
When you use GoPro’s websites, mobile applications, or products and software services that connect to the internet, we may collect certain non-Personally Identifiable Information for such purposes as improvement of our products and software services, troubleshooting bugs, providing the services, managing the website, mobile application, and services, tracking usage, providing content for referring traffic sources and improving overall performances of the websites, mobile applications, products and software services. Non-Personally Identifiable Information may include IP address, profile information, aggregate user data, preferences, technical session information, browser type, information about your computer, hardware, software, mobile device, including unique device identifier, demographic information including gender, zip code and age, and navigational data including log files, server logs, clickstream data, and other data such as your location, where enabled, and language preference. User IP addresses are recorded for security and monitoring purposes. If you arrived at our website via a link from another webpage, we may receive aggregate or otherwise anonymous statistical information about your visit to our site. We monitor customer traffic patterns and site usage to help us develop the design and layout of the site, and to improve the content of our website to better match the interests of our website users.
We do not link the information we store in cookies to any Personally Identifiable Information you submit while on our site.
You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. You must, however, enable cookies from GoPro in order to use most functions on the website.
Web Beacons are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ Personally Identifiable Information. One or more of our third party advertising partners employ a software technology called web beacons, that help us better manage content on our site by informing us what content is effective.
Ad Servers, Third Party Advertising, and Website Analytics
We do not serve 3rd party advertisements to you while using our website, GoPro.com. However, we do work with website analytics and advertising partners, including Google, Doubleclick, AdRoll, Commission Junction and Facebook, to deliver GoPro advertisements on 3rd party publisher websites - these partners may set cookies on your computer's web browser. These cookies allow our partners to recognize your computer so that the ad server can show you GoPro advertisements elsewhere on the Internet, and so that our analytics software can measure your engagement and interactions while using GoPro.com. In this way, ad servers may compile anonymous, non-personally identifiable information about where you, or others who are using your computer, saw our advertisements, whether or not you interacted with our advertisements, and actions performed on subsequent visits to GoPro.com. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you, and it allows GoPro to optimize the performance of our advertising campaigns and the usability of our website. In other words, we use analytics data in concert with data about our online ads that have been shown using the Google Display Network, DoubleClick for Advertisers, or other online advertising networks. By doing so, we can understand how anonymous users interacted with our website after seeing our ads.
Mobile Software Application
When you use a GoPro mobile applications we may automatically receive certain information about your mobile device and use of the application, including your unique device identifier, operating system, version, and other information about your mobile device as well as time spent in different portions of the GoPro mobile application. We monitor customer software usage to help us develop the design and layout of the mobile application and to improve the content to better match the interests of our users.
GoPro Desktop Software Applications
Our desktop software, including but not limited to GoPro Studio, may automatically send anonymous data about usage of the software when it connects to the internet. This information will not contain any Personally Identifiable Information; it may contain information about your computer such as operating system, technical specifications, and data related to your use of the software on the computer, e.g. screens visited, screen resolution selected, video recording mode, and other types of information collected to facilitate product support, product development and improvement of the software as well as other services to you and other GoPro users. We monitor customer software usage to help us develop the design and layout of the desktop software and to improve the content to better match the interests of our users.
4. Uses of Information
GoPro may use non-Personally Identifiable Information to improve performance of our websites and business services, to understand how anonymous users interact with our website after seeing GoPro advertisements, to identify and retarget advertisements to past website visitors, and to optimize the performance of our advertising campaigns. GoPro may use both non-Personally Identifiable Information and Personally Identifiable Information to enable the purchase and fulfillment of GoPro products and services, and to improve the overall GoPro customer and product experience. GoPro may also use Personally Identifiable Information in providing the services by way of the website or mobile application, including but not limited to:
- If you place an order, we will use your name and email address to send you an order confirmation email, a shipping confirmation email, and customer satisfaction emails. If you do not wish to participate in customer satisfaction emails, you may opt-out of such emails upon receipt by clicking “Unsubscribe” link contained in the email.
- Based upon the Personally Identifiable Information you provide us at the time of account creation or purchase, we will send you a confirmation email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your preferences.
Newsletters, Special Offers and Updates
- We will occasionally send you information on products, services, special promotions, contests, events, and opportunities to interact with GoPro and our community. You can sign up to receive these emails from us on our newsletter sign up page and/or during checkout while purchasing a product. Out of respect for your privacy, we present the option NOT to receive these types of communications. Please see “Choice and Opt-out" section below for more details on how to unsubscribe or opt-out of communications from GoPro.
- We will send you service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
5. Sharing and Disclosure of Information
Non-Personally Identifiable Information collected by GoPro may be shared with third-parties to provide more relevant services and advertisements to visitors, to understand how anonymous users interact with our website after seeing GoPro advertisements on 3rd party websites, to identify and retarget advertisements to past website visitors, and to optimize the performance of our advertising campaigns. We will never share your Personally Identifiable Information with a third party without your consent.
At times, we may post customer testimonials on our web site which may contain Personally Identifiable Information. We obtain the customer's consent via email and/or opt-in methods prior to posting a name, city, or stated activity/interest along with any testimonial.
3rd Party Service Providers
We use other third party service providers to offer or facilitate services on our behalf, such as a shipping company to fulfill orders, a credit card processing company to bill you for goods and services, and an email service provider to send out emails on our behalf. When you order products from GoPro, we will share your Personally Identifiable Information as necessary for such third party services providers to provide the applicable service to us or on our behalf. These third parties are prohibited from using your personally identifiable information for promotional purposes. We do NOT share, sell, rent or trade personally identifiable information with 3rd parties for their promotional purposes.
Information that we collect, including your Personally Identifiable Information and non-Personally Identifiable Information, is considered a business asset. As a result, if we go out of business, enter bankruptcy, or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your information may be disclosed or transferred to a third party acquirer in connection with the transaction.
We reserve the right to access and disclose your Personally Identifiable Information (a) to enforce legal rights and comply with the law; (b) to comply with an order from a government entity or other competent authority, (c) when we have reason to believe that a disclosure is necessary to prevent or address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage; (d) when we believe that disclose is necessary to protect our rights, prevent fraud and/or comply with judicial proceeding, court order, or legal process served on GoPro.
We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form by leaving the “Opt-In” checkbox blank. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at email@example.com.
You will be notified when your Personally Identifiable Information is collected by any third party that is not our service provider, so you can make an informed choice as to whether or not to share your information with that party. If you do not wish to have your Personally Identifiable Information shared and want to opt-out from receiving further communications from any third party that is not our agent or service provider, please contact that 3rd party directly.
GoPro strives to provide the public with relevant, value-added content in the form of advertisements. However we respect the wishes of anyone who does not want to be tracked by 3rd party advertising companies online. Users may opt-out of GoPro's cookie-based online advertising and analytics programs by following the opt-out instructions provided by our advertising and analytics partners here.
To opt-out of the Doubleclick and other Google advertising cookies, please visit the Google advertising opt-out page.
To opt-out of analysis via the Google Analytics cookie, please visit the Google Analytics opt-out page.
For more information about which 3rd party advertising cookies may be stored on your browser, including one of our retargeting partners, AdRoll, and how to selectively opt-out of each, please see the Network Advertising Initiative opt-out page
7. Correcting / Updating or Removing Information
GoPro users may modify or remove any of their Personally Identifiable Information collected by GoPro at any time by logging into their account and accessing features such as Edit Profile and Account Info. Users may also email us to correct or change any information by filling out our contact form located at http://GoPro.com/support/
8. 3rd Party Website Features
We use Facebook Like button to enable our website users to easily "Like" content found on GoPro.com, and thereby share this content with their Facebook Friends. Please see Facebook's Data Use Policy for more on the type of data tracked by Facebook via this feature.
10. Children’s Privacy
GoPro’s website, mobile applications, products and/or software services are intended for general audiences and not for children under the age of 13. We do not knowingly collect Personally Identifiable Information from children under the age of 13 and if we become aware of such collection, we will take reasonable steps to delete any such information as soon as practicable.
11. International Users
13. Community and Aggregate Information Security
GoPro takes precautions to ensure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to account information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. For any additional information about the security measures we use on GoPro, please contact us by filling out the contact form located at http://GoPro.com/support/
14. Personal Information Security
The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We take the same care when we transmit your sensitive information to 3rd Party Service Providers to facilitate your order by using the same SSL technology. To learn more about SSL, follow this link: http://en.wikipedia.org/wiki/Transport_Layer_Security
15. GoPro Contact Info
3000 Clearview Way
San Mateo, CA
16. Dispute Resolution By Binding Arbitration
The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise. As discussed below, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than GoPro's last settlement offer to you (if any), GoPro will pay you 150% of your arbitration award, up to $5000 over and above your arbitration award.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
In the unlikely event that GoPro cannot resolve a concern to your satisfaction (or if GoPro cannot resolve a concern it has with you after attempting to do so informally), then you and GoPro agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law, but expressly excludes residents of Quebec, Russia, Switzerland, the Member States of the European Union, and the Republic of Korea. By accepting these terms, you and GoPro expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. This Section covers any and all disputes between us ("Disputes"), including without limitation:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
The only disputes that are not covered by this Section are the following:
- a claim to enforce or protect, or concerning the validity of, any of your or GoPro's (or any of GoPro's licensors') intellectual property rights;
- a claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
- In addition, nothing in this Section shall prevent either party from initiating a small claims court action.
References to "GoPro," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us. This arbitration provision evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service.
A. Informal Negotiations/Notice of Dispute. You and GoPro agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). GoPro will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: GoPro, Inc. 3000 Clearview Way, San Mateo, CA 94402; ATTN: Legal Department
B. Binding Arbitration. If you and GoPro are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or GoPro may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND GOPRO ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send GoPro a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then GoPro will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and GoPro may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
C. Restrictions. You and GoPro agree that any arbitration shall be limited to the Dispute between GoPro and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND GOPRO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and GoPro agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
D. Location. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of San Mateo, State of California, United States of America, and you and GoPro agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
E. Recovery and Attorneys' Fees. If the arbitrator rules in your favor on the merits of any claim you bring against GoPro and issues you an award that is greater in monetary value than GoPro's last written settlement offer made before written submissions are made to the arbitrator, then GoPro will:
- Pay you 150% of your arbitration award, up to $5,000 over and above your arbitration award; and
- Pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The right to attorneys' fees and expenses discussed above supplements any right to attorneys' fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys' fees or costs. GoPro waives any right it may have to seek an award of attorneys' fees and expenses in connection with any arbitration between us.
F. Limitation on Arbitrator's Authority. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.