Last Updated: July 1, 2019
What Information We Collect
How Information Is Collected
How Information Is Used And Shared
Third-Party Links And Social Networking Services
Additional EEA Disclosures
Data Relating To Children
Cross Border Transfers
WHAT INFORMATION WE COLLECT
Your provision of your Personal Information to us is completely voluntary. When we say, "Personal Information" or “Personal Data,” we mean information that relates to you and can specifically identify you as an individual. We do not collect Personal Information unless you submit or provide that information to us. Categories of Personal Information we may collect include:
- Identity Data, which includes name or other similar online identifiers.
- Contact Data, which includes address (including shipping address), email address and telephone numbers.
Additionally, we may also collect certain other types of information that, along with Identity Data and Contact Data, may be considered "Personal Data" in certain jurisdictions, including the European Economic Area ("EEA"), such as:
- Financial Data, which includes credit card, debit card, or other payment details.
- Transaction Data, which includes details about your order history and payments to and from you.
- Technical Data, which includes internet protocol (IP) address, location data, your login data, and device and browser information.
- Profile Data, which includes information about how you use our Services, including relevant behavioral information.
- Marketing and Communications Data, which includes your preferences in receiving marketing from us.
IF YOU ARE LOCATED IN THE EEA, PLEASE SEE THE SECTION "ADDITIONAL EEA DISCLOSURES" THAT PERTAIN TO OUR COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW.
HOW INFORMATION IS COLLECTED
We use different methods to collect data from and about you including through:
Direct interactions: You may give us your information by signing up to our online newsletter and/or providing your contact information for other promotional materials, purchasing a product via our Services, registering an account on with the Services, contacting one of our customer support agents, providing information in a survey or sweepstakes or contacting us. This includes information you provide when you:
- create an account with the Services;
- subscribe to our Services, newsletter, catalogs, brochures, or other publications,
- register for a survey or sweepstakes;
- sign up for SMS text messages;
- request marketing to be sent to you;
- purchase a product via the Services;
- speak to a customer support agent on the phone. Please note that we may record your conversation for quality assurance, fraud prevention and training purposes; or
- give us feedback.
Automated technologies or interactions: As you interact with our Services, we may automatically collect Technical Data and other related information about your interactions with the Services. Some of the ways in which we or our Services may collect information are further described below:
- Interest-Based Advertising: We may engage third-party vendors to collect and use your information from our Services in connection with information they have independently collected on other digital properties to deliver targeted advertising to you when you visit other websites and applications. Cookies, described above, may be used in this process. For example, if you are searching for information on a particular product, our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising is called “interest-based advertising” or "online behavioral advertising." We believe that such advertising is helpful because you will see ads that are relevant to your interests. However, if you would like to opt-out of these interest-based advertisements, please see the Opt-Out section below.
- Clickstream Data: As you use the Internet, a trail of electronic information is left at each website you visit. This information, sometimes referred to as a "clickstream data," can be collected and stored by a website. For example, clickstream data can tell a website the type of operating system and browser you use and the website you visited immediately before arriving at it. The Website may collect and use clickstream data as a form of aggregate information to determine how much time visitors spend on each page of our Website, how visitors navigate throughout the Website, and how we may tailor our Website to better meet the needs of visitors. This information often will be used to improve our Website and our Services. Any collection or use of clickstream data will be de-identified and aggregated.
- Location Data: The Website, when given permission, will collect the location (including the latitude and longitude coordinates) of your device. We use this information to help us improve the Website in order to set the Website to the relevant city. If you would like to opt-out of location tracking, please see the Opt-Out section below.
HOW INFORMATION IS USED AND SHARED
Subject to the section titled "Additional EEA Disclosures" below, we use information about you to perform our Services, provide our products and for other purposes outlined below. Specifically, we use your information:
- To perform the contract we are about to enter into or have entered into with you.
- To perform specific Services that you have requested, including completing a purchase.
- To respond to your direct inquiries.
- To pursue our legitimate interests (or those of a third party) and your interests and your fundamental rights do not override those interests.
- To send you marketing materials (see below).
- Where we need to comply with a legal or regulatory obligation.
- Where you have otherwise consented to our use of your Personal Data.
Subject to the section titles "Additional EEA Disclosures" below, we may share the information we collect about you with certain third parties in the following ways:
- We will share your information with Share Local Media, Epsilon, People Data Labs, Shopify (including via Privy, Yotpo, Joor), Apparel Magic, Retention Science, Authorize.net, ApplePay, PayPal, Amazon Payments, Narvar, Google, Facebook, Bergen Logistics, our affiliate sweepstakes partners, and other service providers. We will provide these third parties with certain categories of your information including: Financial Data and Transaction Data, email addresses, contact information, mailing addresses, shipping addresses, gender, order information, and shopping preferences. In some cases we may share your information with these parties for direct marketing purposes. Please note that we do not have access to credit card or other sensitive financial information, which is handled directly by Authorize.net, PayPal, ApplePay, Amazon Payment or our other financial providers. Please refer to the privacy policies and other terms of these financial providers for information on how your information will be used.
- We may share your information with our business partners, clients, operational service providers, subcontractors and other third parties.
- If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.
- We cooperate with government, law enforcement officials, and private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.
THIRD-PARTY LINKS AND SOCIAL NETWORKING SERVICES
You should be aware that information which you voluntarily include and transmit in a publicly accessible blog, forum, Social Network, or otherwise post online may be viewed and used by others. We are unable to control such uses of your information, and by using such services you assume the risk that the information provided by you may be viewed and used by third parties.
We have put in place reasonable security measures in an effort to prevent information about you from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. However, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We have put in place procedures to deal with any suspected data breach that will affect you and will notify you and any applicable regulator of a breach where we are legally required to do so. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.
We will only retain your information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Notwithstanding the foregoing, in some circumstances you can ask us to delete your data. See Request Erasure below for further information. In some circumstances we may de-identify information about you (so that it can no longer be associated with you) for research or statistical purposes in which case we may use and retain this information indefinitely without further notice to you.
ADDITIONAL EEA DISCLOSURES
Our role as data controller
Naadam Inc. acts as the data controller of information submitted through our Services.
If you are located in the EEA and have any complaints regarding our privacy practices as data controller, you have the right to make a complaint at any time to your local Supervisory Authority. We would, however, appreciate the chance to deal with your concerns before you approach your Supervisory Authority so please contact us at the address below in the first instance and we will do our very best to resolve your concerns. You may contact our privacy manager here: email@example.com
Provision of Personal Data and failure to provide personal data
Where we need to collect personal data by law or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our Services or complete the purchase of a product). In this case, we will not be able to provide Services or products to you.
Legal basis for our processing of your Personal Data
Below are the lawful bases that we will rely on to process your Personal Data:
- Legitimate Interest means the interest of our business in conducting and managing the Company to enable us to give you the best service/product and the best and most secure experience. Some examples are direct marketing, research (including marketing research), network and information security, and fraud prevention. We make sure we consider and balance any potential impact on both you (both positive and negative) and your rights before we process your Personal Data for our legitimate interests. We do not use your Personal Data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at firstname.lastname@example.org.
- Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
- Comply with a legal or regulatory obligation means processing your Personal Data where it is necessary for compliance with legal or regulatory obligations that we are subject.
- Consent means where you have provided us with a freely given, specific, informed, and unambiguous indication that we may use your Personal Data.
Change of purpose
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at email@example.com. If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Collection of Personal Data from third party sources
We also collect Personal Data about you from various third parties and public sources.
- If you interact with Social Functions, we may import your information from those Social Networks.
- Facebook, Google, Twitter, LinkedIn, People Data Labs, and third-party sweepstakes partners
- As discussed above, we also obtain information through automated technologies (see section titled "Information Collection")
Categories of third parties receiving Personal Data
We may provide your information to the categories of third parties disclosed in "How Information Is Used and Shared."
Withdrawing your consent
If we are relying on your consent to process your Personal Data, you have the right to withdraw your consent at any time by contacting us at firstname.lastname@example.org.
Use of your Personal Data for marketing purposes
We strive to provide you with choices regarding certain Personal Data uses, particularly around marketing and advertising:
- Promotional offers from us: We may use your Personal Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our Services and, in each case, you have not opted out of receiving that marketing.
To see how you can opt out of marketing communications, please see the section titled "Opt-Out"
Rights of EU Data Subjects
Under certain circumstances and subject to certain exceptions prescribed by law, you have rights under data protection laws in relation to your Personal Data. You have the right to:
- Request access to your Personal Data (commonly known as a "data subject access request"). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
- Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data in accordance with applicable law. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate ground to process your information which override your rights and freedoms.
- Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or Services to you. We will advise you if this is the case at the time you withdraw your consent.
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to authenticate your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within thirty days. Occasionally it may take us longer than thirty days if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
To exercise your rights, please contact us at email@example.com
Opting out of messages from us
To opt-out of any future promotional messages from us, you should send an unsubscribe request to us at firstname.lastname@example.org with "Unsubscribe Request" in the Subject Line. If you do not want your Personal Information or Personal Data shared with any third party who may use such information for certain direct marketing purposes, then you may opt-out of such disclosures by sending an email to email@example.com with "Third Party Unsubscribe" in the Subject Line. We will process your request within a reasonable time after receipt. Please note that if you opt out in this manner, certain aspects of the Services may no longer be available to you.
Opting out of cookies
If you want to stop or restrict the placement of cookies or delete any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website or some of its functionality may be affected.
Opting out of interest based advertising
The online advertising industry provides a service through which you may opt-out of receiving targeted ads from certain data partners and other advertising partners that participate in self-regulatory programs. We comply with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (“DAA”) and the European Interactive Digital Advertising Alliance ("EDAA"). You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers.
Opting out of location tracking
You may also adjust the settings on your mobile device to allow or restrict the sharing of location information. For example, the "location" permissions on your mobile device may allow you to elect whether to never share location information with us, to share location information only while you are using the Website, or always share location information even if you are not using the Website. If you elect to not share your location information, you may be unable to access some features of our Website that are designed for mobile devices. Also, in the event that you prevent the sharing of location information, we may still estimate your general location based on the IP address you use to access our Services.
DATA RELATING TO CHILDREN
Our Website is designed for those 18 years of age and older. We do not knowingly collect information from anyone under the age of 13 (or such other age as may be restricted under local law). If we are made aware that we have received such information, or any information in violation of our policy, we will use reasonable efforts to locate and remove that information from our records.
CROSS BORDER TRANSFERS
Our Services are maintained in the United States. You agree that all information collected via or by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the European Union, the United States or other countries in order to provide the Services. You understand that data stored in the United States may be subject to lawful requests by the courts or law enforcement authorities in the United States. If you are situated in the EEA, whenever we transfer your Personal Data to processors outside of the EEA, we ensure appropriate and suitable safeguards are used in such transfer. We may use specific contracts approved by the European Commission which give Personal Data the same protection it has in the EEA For further details, see European Commission: Model contracts for the transfer of Personal Data to third countries.
If you are a California resident this section applies to you. Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us at firstname.lastname@example.org. If you do not want your Personal Information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at email@example.com.
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