Privacy Policy

Mountain Capital Partners, LLC (“MCP”) manages a collection of ski resorts, mountain bike parks and resorts in Arizona, Colorado, Nevada, New Mexico, Oregon, Texas and Utah in the United States and in Chile (individually, a “MCP Resort” and, collectively, “MCP Resorts”). This Privacy Policy describes how MCP and our affiliates (collectively, “we” and “us”) collect, use and share your Personal Information (as defined below) when you visit any MCP Resorts website or use an online or mobile application where this Privacy Policy is referenced (our “Sites”). This Privacy Policy also applies to the Personal Information we collect when you visit any of our resorts, retail locations, rental locations, lodging, events sponsored in whole or in part by MCP Resorts (collectively, our “Locations”). MCP reserves the right, at any time, to modify this Privacy Policy. If we make revisions that change the way we collect, use, or share your Personal Information, we will post those changes in this Privacy Policy. You should review this Privacy Policy periodically so that you keep up to date on our most current policies and practices. We will note the date of the latest version at the beginning of this Privacy Policy.  You agree to provide accurate, complete, and true information when engaging with MCP, our Sites, and our Locations.

TYPES OF PERSONAL INFORMATION WE COLLECT

When we use the term “Personal Information” we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a natural person or household, such as a real name, postal address, e-mail address, telephone number, payment information, pass or lift ticket ID number, profile photographs and location information. Information that is de-identified, aggregated, or anonymized will not be considered Personal Information. Publicly available information that is made available from federal, state, or local government records, also may not be Personal Information. When visiting our Sites, interacting with us (e.g., filling in a webform, over the phone, by email) or providing information at any of our Locations, we may – depending on the activities you sign up for or participate in – collect the following types of Personal Information:

• Identification data (e.g., first name, last name, postal address, phone number, email address, height, weight, birthdate, skier type);

• Payment details or methods and transaction information (e.g., when you purchase lift tickets, event tickets, or goods, or book accommodations online);

• Location data (e.g., the location where you stay or ski, the location of an event at one of our Locations that you attend, location data sent by your device, the runs that you ski or ride, or the ski lifts that you ride);

• Connection (e.g., IP address) and device information (e.g. device type and operating system);

• Data regarding your use of our Sites (e.g., date and time of visits, viewing information, pages viewed, keystroke activity, time spent on pages, scroll activity, click/touch information, content you provide, such as through email or messages, and mouse movements);

• Information relating to your preferences and activities (e.g., vertical distance by day; calories burned; time spent skiing or riding; individuals with whom you form groups for skiing or riding, as reflected in your use of our applications; frequency with which you use or visit various facilities, services, programs, or Locations; events attended;

• Details of ski-related accidents and other incidents;

• An assessment of your skiing/riding ability;

• Photographs and video of you at our Locations or that you otherwise submit; and

• Demographic information (e.g. household information, number of children, age ranges, gender).

Personal Information may be collected directly from you (e.g., when you fill out a webform on one of our Sites or a paper form at one of our Locations). Other sources enable us to obtain the Personal Information about you such as when:

HOW WE COLLECT PERSONAL INFORMATION

Most Personal Information is collected directly from you (e.g., when you fill out a webform on one of our Sites or a paper form at one of our Locations). Other sources enable us to obtain the Personal Information about you such as when:

• a third party provides information about you (e.g., if someone orders a gift card online and wants to send it directly to you, they must provide us with your name and address; and travel agents or other business partners with whom we have joint marketing or service providing arrangements);

• your electronic communications devices, such as smartphones, tablets, or computers, automatically submit information about you;

• technology implemented at our Locations provides us with information (e.g., when your ski pass is scanned at a chairlift);

• we are provided information from other business partners;

• you are at one of our Locations, and we take photographs or videos of you; and

• such information is available from public sources.

In addition to the above, we may combine information you have provided to us on our Sites with information you have provided to us offline, including information you have provided to us at one of our Locations, and we may store this information together in your customer profile. For example, we may combine data automatically collected when you use your season ski pass, attend an event, rent equipment at one of our Locations, or otherwise visit one of our Locations, or data you provide to us when you stay at one of our hotels or resorts, with your customer profile. This enables us to provide the best experience possible when you visit our Locations.

WHY WE COLLECT AND USE PERSONAL INFORMATION

We use your Personal Information for the following purposes, all of which relate to the relationship between you and us, and the services we provide:

• to provide you or the person of your choice with the services and/or products you requested (e.g., passes, reservations);

• to perform transactions, in particular to check your identity or the identity of the person you designated, as well as for billing and shipping purposes; and

• to provide you and/or the person you designated with after-sale support in case you encounter any difficulties following your transaction with us.

We also may process your Personal Information for the purposes listed below, which are necessary for us to pursue our legitimate interests and provide you with quality services and products:

• for security and fraud prevention purposes as well as for protecting our rights, pursuing available remedies and enforcing our Terms and Conditions;

• to administer our systems, debug, and improve the performance and accessibility of our Sites and Locations;

• to monitor and optimize the use of our facilities (e.g., when you scan your pass and ride one of our chairlifts, we use such information for monitoring the use of our chairlifts; improvement of facilities based on number of attendees at events);

• to better understand your use of our products, services, programs, and events; and

• to improve our Sites, Locations and, more generally, our products, services, programs, and events.

In addition, we may also process your Personal Information:

• to provide you with marketing communications, recommendations and special offers regarding our products and services, as well as products and services of third parties which might be of interest to you; and

• to combine your data and implement profiling activities in order to better understand your needs, expectations and preferences and provide you with personalized content and targeted advertising accordingly.

We may also use and disclose your Personal Information for secondary purposes closely related to the purposes above, in circumstances where you would reasonably expect such use or disclosure to occur.

DISCLOSURE OF PERSONAL INFORMATION

Under limited circumstances we may disclose the Personal Information we collect to third parties for all or part of the above-mentioned purposes. Examples of those circumstances are described below, along with some of the steps we take to limit the manner in which your Personal Information is used.

Service Providers and Data Subprocessors

We may contract with third-party service providers as data subprocessors to collect or process your Personal Information under our instruction. Service providers can perform many processing activities including but not limited to:

• helping us operate our business and the Services or administer activities on our behalf, such as sending out emails, text messages, newsletters, or surveys;

• providing a customer support and communication platform;

• protecting payment transactions against fraud or identity theft; or

• performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing analytic services, or providing similar services on behalf of the business.

These service providers are only authorized to use the Personal Information we share with them for the purpose of delivering the service we contract with them to provide. We only disclose the Personal Information to the service provider that it needs to provide the specific service or function.

Ski Pass Partners

MCP Resorts sometimes enters into contractual relationships with other third-party resorts. We enter those relationships so that our customers can access skiing or other resort services at those resorts. To facilitate those services we may share Personal Information about you with the other resort company so that they can provide the service and validate your ski pass and identity. We share Personal Information pursuant to written contracts with the partner resorts and limit the Personal Information to what is needed for the specific purpose.

With Other Resorts’ Entities

In order to provide you with services and operate our business, including in connection with the uses disclosed above, Personal Information we collect may be shared, consistent with this Privacy Policy, with subsidiaries of MCP Resorts, including current or future parents, affiliates, subsidiaries, and entities sharing common ownership with MCP Resorts. All of the MCP Resorts entities are bound to this Privacy Policy.

In Connection with Events Sponsored in Whole or in Part by MCP Resorts

MCP Resorts may at times co-sponsor an event with business partners. We may share your Personal Information with those business partners to help us market or improve our products and services. We only disclose the Personal Information they need to provide help to us with that marketing or improvement. In addition, we share that Personal Information pursuant to written contracts with the business partners, limit the use of the information to the purpose for which it was shared, and limit the Personal Information to what is needed for the specific purpose, including providing aggregated or de-identified data when possible.

In Connection with Corporate Events

In the event of a merger, reorganization, acquisition, joint venture, assignment, spin-off, transfer, or sale or disposition of all or any portion of our business, including in connection with any bankruptcy or similar proceedings, we may transfer any and all Personal Information to the relevant third party. Your Personal Information would remain subject to this Privacy Policy.

In Special Circumstances

In certain special cases, we may disclose your Personal Information when we have reason to believe that disclosing this Personal Information is necessary to identify or contact you, or to provide you with emergency medical services, or bring legal action against someone who may be causing injury to you, MCP Resorts or someone else. We may disclose your Personal Information to a person who is seeking the Personal Information as your agent. We may disclose your Personal Information when we believe the law requires it, in response to any demand by law enforcement authorities in connection with a criminal investigation, in response to civil or administrative authorities in connection with a pending civil case, governmental authorities or administrative investigation, or in connection with an investigation conducted by MCP Resorts.

With Your Consent

We may disclose your Personal Information with your consent.

INFORMATION COLLECTED AUTOMATICALLY

We collect information about how you use our Sites by setting and accessing cookies on your computer. A cookie is a small piece of information sent by our Sites that is saved on your storage drive by your computer’s browser. The cookie holds information our Sites may need to personalize or enhance your experience and to gather statistical data, such as which pages are visited, the Internet provider’s domain name and the addresses of the sites visited immediately before coming to and immediately after leaving our Sites. The information in the cookie lets us trace “clickstream” activity (i.e., the paths taken by visitors to our Sites as they move from page to page) to enable us to better serve our customers by revealing which portions of our Sites are the most popular. We may link the anonymous visitor ID from your cookie to a user ID in our database to help us analyze web traffic and statistics. From time to time, other companies may help us with data research and analysis, but they will be prohibited from using that data for any other purpose. You may disable cookies on your browser. Please review your browser’s instructions for doing so. Note that certain features of the Sites may not be available if you delete or reject cookies. If you do not agree to our use of cookies and similar technologies, you can modify your cookies settings or, if applicable, opt out of “sharing” for targeted advertising (defined as cross-context behavioral advertising by California and similar terms under other states laws) for our Sites by following the “Your Privacy Rights” link in the footer of our Sites. In addition to using our cookie manager, you can also adjust your cookies through your browser settings. You can learn more about cookies at the following link: All About Cookies | Online Privacy and Digital Security. Please note that removing cookies may affect how our Sites work.

Pixel Tags

We may use pixel tags (also called web beacons or clear gifs) on our Sites. They can help us analyze what our customers like to do on our Sites and the effectiveness of our features and advertising. They can also help us customize your browsing experience. We may use information collected through pixel tags or tracked links in combination with your personal information. We may also combine personal information you provide to us with other personal information (such as purchase history and demographic information). If we work with other companies to help us track, collect and analyze this information, they will be prohibited from using this information for any other purpose. The Sites, including our service providers, may also use other technologies such as JavaScript. We may use local storage (HTML5). We may also permit third parties to use cookies, web beacons, JavaScript and eTags on our Sites.

Internet-Based Advertisements

In addition, we may use third-party advertising companies to customize the advertisements you see on our Sites, on other websites, or on your mobile or other devices. These companies may use cookies, web beacons, or other technologies to collect information about your use of our Sites and other websites and applications, including in particular your IP address, web browser, mobile network information, pages viewed, time spent on pages or in applications, and links clicked. We may use this Personal Information to analyze data, determine the popularity of certain content, deliver advertising and content targeted to your interests, and better understand your online activity.

Google Analytics

Our Sites use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to better assist us in understanding how our Sites are used. Google Analytics will place cookies on your computer that will generate information that we select about your use of our Sites, including your computer’s IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of our Sites, compiling reports on our Sites’ activity for our use, and providing other services relating our Sites’ activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of our Sites. The use of cookies by Google Analytics is covered by Google’s Privacy Policy, available at https://policies.google.com/privacy.

More Information

You may wish to visit www.aboutcookies.org or http://www.youronlinechoices.com/ to learn more about cookies and how to manage the advertisement cookies placed on your devices.

LINKS TO THIRD PARTY WEBSITES

Our Sites contain direct links to sites offered by third parties (e.g., co-branded event sites, or websites belonging to business partners). Those third-party sites are not covered by this Privacy Policy. Some of the third-party sites may give you the option of sharing your thoughts, Personal Information, or activity experiences (e.g., biking, skiing, and snowboarding) automatically on their platforms. If you choose to share information with a third-party site or service, the information you choose to share is not subject to this Privacy Policy. You should review the privacy policies of those sites or services to make an informed decision about whether to share your information. Further, you should review your account settings on those sites to ensure that you are comfortable sharing your information with the audience chosen in that account.

CHILDREN’S PRIVACY AND AGE-RELATED INFORMATION COLLECTION POLICIES

We do not knowingly collect Personal Information on our Sites from children under the age of 13 without the prior consent of the child’s parent or guardian. If you believe that a child under age 13 (or other age applicable in a different jurisdiction) has provided Personal Information to us without the consent of a parent or guardian, please notify us at privacy@mcp.ski as soon as possible so their data may be deleted.

DATA SUBJECT RIGHTS

Under various state and international privacy laws, including but not limited to the California Consumer Privacy Act, as amended by the California Privacy Rights Act (the “CCPA”) and the Colorado Privacy Act (the “CPA”), individuals have certain rights regarding the Personal Information that businesses have about them. This includes the right to request access or deletion of your Personal Information, as well as the right to direct a business to stop selling your Personal Information.

Right to Notice

You have the right to be properly notified of the following:

• Personal Information We Collect: Please review the section of this Privacy Policy titled “Types of Personal Information We Collect” for more information about the specific pieces of Personal Information and the categories of Personal Information we collected about you in the past 12 months.

• Why We Collect Personal Information: Please review the section of this Privacy Policy titled “Why Collect and Use Personal Information” for more information on the business or commercial purpose for collecting Personal Information about you in the past 12 months.

• How We Collect Personal Information: Please review the section of this Privacy Policy titled “How We Collect Information” for more information on how we collect Personal Information about you in the past 12 months the categories of sources of such Personal Information .

• Disclosure of Personal Information: Please review the section of this Privacy Policy titled “Disclosure of Personal Information” for more information on how we disclosed Personal Information about you in the past 12 months.

Right to Access Your Information

You have the right to request the following covering the 12 months preceding your request:

• The specific pieces of Personal Information we have collected about you

• The categories of Personal Information that we have collected about you

• The categories of sources from which we collected the Personal Information

• The purpose for collecting or selling the Personal Information

• The categories of Personal Information that we have disclosed about you, the purpose for disclosing such Personal Information and the categories of third parties with whom we disclosed such Personal Information

• The categories of Personal Information that we have sold about you, as well as the categories of third parties to whom we sold such Personal Information

Right to Deletion

You have the right to request that we delete any Personal Information about you that we have collected from you. Please note that there are exceptions where we do not have to fulfill a request to delete Personal Information, such as when the deletion of Personal Information would create problems with the completion of a transaction or compliance with a legal obligation.

Right to Correct

You have the right to request that MCP correct your inaccurate Personal Information if we maintain inaccurate Personal Information about you.

Right to Know What Personal Information is Sold or Shared and to Whom

You have the right, if MCP sells or shares your Personal Information, to request that MCP disclose to you the following:

• The categories of Personal Information that MCP collected from you.

• The categories of Personal Information that MCP sold or shared about you and the categories of Personal Information for each category of third parties to whom the Personal Information was sold or shared.

• The categories of Personal Information that MCP disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.

Right to Limit Use and Disclosure of Sensitive Personal Information

You have the right to direct MCP to limit the use of your sensitive personal information (as such term is defined in the CCPA) to the use which is necessary to provide you with our services.

Right to Opt-Out of Sale

While we do not sell Personal Information in exchange for any monetary consideration, we do share Personal Information for other benefits that could be deemed a “sale,” as defined by the CCPA (Cal. Civ. Code 1798.140(t)(1)); thus, we provide you with control over how your Personal Information is collected and shared. You have the right to direct us to not sell your Personal Information. If you would like to exercise your right to request opt-out of sale, submit a request through our MCP Privacy Request form. We do not knowingly sell the Personal Information of minors under 16 years of age without affirmative authorization. Please note that we may still use aggregated and de-identified Personal Information that does not identify you or any individual; we may also retain Personal Information as needed in order to comply with legal obligations, enforce agreements, and resolve disputes.

Right to Non-Discrimination

We will not discriminate against you (e.g., through denying goods or services, or providing a different level or quality of goods or services) for exercising any of the rights afforded to you.

Right to Data Portability

You have the right to obtain your Personal Information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.

METHODS FOR EXERCISING DATA SUBJECT RIGHTS

To exercise your rights described above, please submit a verifiable consumer request to us by calling us at 970-382-2890 or by emailing us at privacy@mcp.ski or contacting us through our MCP Privacy Request form. After we receive your request, we will determine if the request is a verifiable customer request before acting on the request. You must provide enough information for us to be able to verify that the proper person is making the request. We have 45 days in which to act on your request. If we encounter issues in honoring your request, we will notify you within the 45-day period. The original 45-day period may be extended by 45 days if reasonably necessary. We will inform you, without delay, of the reasons if we decide not to take action on your request. We will also inform you if you have rights to appeal our decision. When you submit a request, do not send us, directly or indirectly, any sensitive or special categories of personal information (e.g., social security numbers or other national or state identifiers, health information, biometric data or genetic characteristics, and so on). If you use an authorized agent to submit a request and the authorized agent does not provide a proper power of attorney, we may require you to either (1) verify your identity directly with us, or (2) directly confirm with us that you provided the authorized agent permission to submit the request. Contact Information: In compliance with the CCPA and CPA, we commit to resolve complaints about your privacy and our collection or use of your Personal Information. California and Colorado residents with inquiries or complaints regarding this Privacy Policy should first contact us at please submit your request by calling us at 970-382-2890 or by emailing us at privacy@mcp.ski or through our MCP Privacy Rights Request form. Opt-Out Preference Signal: If your browser supports an opt-out preference signal, you may opt out of the sharing or sale of your personal information by properly configuring the opt-out preference signal. If you subsequently delete cookies, change your browser settings, or use a different browser, you will need to turn the opt-out signal on again. California’s Shine the Light Law: California residents with an established business relationship with us can request information once a year about sharing their Personal Information with third parties for the third parties’ direct marketing purposes. If you would like to request more information under the California Shine the Light law, and if you are a California resident, you can contact us by calling us at 970-382-2890 or by emailing us at privacy@mcp.ski or through our MCP Privacy Rights Request form.

US-BASED ORGANIZATION

MCP is a US-based organization that is headquartered in the United States. Our data processing activities primarily occur in the United States. You acknowledge that any personal data we collect will be transferred to, processed, and stored in the United States. You further acknowledge that the United States has standards for the processing and storage of personal data that may not be equivalent to those in the country where you reside and/or are a citizen, and you consent to our collection, transfer, processing, and storage of your personal data in the United States.

INTERNATIONAL USERS

Depending on your local law, you may have certain rights with respect to your Personal Information, including the right to object to, restrict and/or withdraw your consent to the processing of your Personal Information, the right to access your Personal Information, and the ability to receive a machine-readable copy of your Personal Information. You may also have the right to ensure that we correct or delete any inaccurate or out of date Personal Information which we have about you. We offer all individuals the same rights with regard to your Personal Information as set forth under “Data Subject Rights” above. If you believe that any Personal Information which we have about you is inaccurate or out of date and you would like us to correct or delete it, or you wish to exercise any other of your rights or have any questions or concerns about your Personal Information, please contact us at privacy@mcp.ski or through our MCP Privacy Rights Request form. If you have a complaint about how we handle your Personal Information or respond to your request, you may be able to complain to your data protection authority. MCP asks that you kindly contact us first, so that we have an opportunity to resolve your complaint. If you are located outside the United States and provide us with your Personal Information, you consent to the transfer of such Personal Information in accordance with this Privacy Policy.

DATA SECURITY AND RETENTION

MCP Resorts has implemented physical, technological, and organizational safeguards and security measures designed to protect against the loss, misuse, or unauthorized access or disclosure of your Personal Information under our control. We also take measures to protect the Personal Information we disclose to third parties, for example by entering into contractual agreements stipulating the confidentiality of the Personal Information and the purposes for which it is to be used. Please be aware though that, despite our efforts, no security measures are perfect or impenetrable. You can help us by protecting and keeping your passwords safe at all times, and not using the same password for different applications or sites. You also can protect yourself and help us reduce the risk of fraud by promptly notifying us if you suspect that your credit card, other resort-specific payment product, user name, or password is lost, stolen or used without permission. We will retain your Personal Information for the length of time needed to fulfill the purposes outlined in this Privacy Policy. Personal Information that is no longer required for those purposes will be destroyed or made irreversibly anonymous.

UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time. We encourage you to periodically review this page for the latest information on our privacy practices. The “Last Updated” date at the bottom of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on our Sites. Your use of our Sites following these changes means that you accept the revised Privacy Policy.

TRANSFER OF CORPORATE ASSETS

If MCP is acquired by or merged with a third-party entity, MCP reserves the right to transfer or assign the personal information you provided to us as part of such merger, acquisition, sale, or other change of control to the new entity. In the event of bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditor’s rights generally, we may not be able to control how your personal information is processed. In such a situation arises, MCP would request that all applicable privacy laws and protection standards at least as stringent as MCP’s be applied to your personal information originally in our possession. In the event of a transfer of corporate assets, the information regarding the transfer will be posted on our Sites.

HOW TO CONTACT US

If you have any questions or concerns regarding this Privacy Policy, or if you would like to access to, opt-out of, delete, or unsubscribe from our use of your Personal Information, you may reach us by email at: privacy@mcp.ski or by telephone at (970) 382-2890 or by mail: PO Box 17000, Durango, CO 81301 or contacting us through our MCP Privacy Rights Request form.

 

Last Updated: December 30, 2024