PRIVACY POLICY

Last revised: 12/1/2020 

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from underoutfit.com (the “Site”).

1.  YOUR ACKNOWLEDGMENT OF THIS POLICY

BY ENTERING, CONNECTING TO, ACCESSING OR USING ANY SERVICE THROUGH THE SITE ("SERVICE"), YOU ACKNOWLEDGE THAT YOU ARE OR HAVE HAD THE OPPORTUNITY TO BECOME AWARE OF AND AGREE  TO THIS PRIVACY POLICY AND UNDEROUTFIT'S PRACTICES DESCRIBED THEREIN, INCLUDING THE PROCESSING (INCLUDING COLLECTING, USING, DISCLOSING, RETAINING OR DISPOSING) OF YOUR INFORMATION UNDER THE TERMS OF THIS PRIVACY POLICY. IF YOU DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT ACCESS OR USE THE SERVICES.

California residents should consult the section titled "Your California Privacy Rights" for rights that apply to them.

2.  WHAT TYPE OF INFORMATION WE COLLECT?

We collect information from users of our Services in the following ways:

2.1. INFORMATION YOU PROVIDE.

We collect information that you voluntarily provide when you access, use, or browse the Service. Depending on the service you use, the categories of information we collect include:

2.1.1.  Information you provide voluntarily when you use the Site and the App:

  • Contact Data: In order to view or use certain parts of the Site or App, you may be required to provide us with your name, email address, phone number, and other contact information. This information is also collected when creating an account or when signing up for updates.

  • Account Credentials: when creating an account, you may be required to create a username and password.

  • Demographic Information. You may provide us with your age, gender, and other demographic information.

  • Communications with Underoutfit: We collect information you provide as part of any communications with Underoutfit, by any means, including when providing us feedback or by approaching our customer services or during sales, support and customer service calls or communications.

2.1.2.  INFORMATION YOU PROVIDE VOLUNTARILY WHEN YOU VISIT THE SITE AND USE THE SERVICE:

  • Users who wish to purchase products on the Site are required to either: a. register as visitors by providing an email address, full name and shipping address; or b. open an account, and such Users are required to provide the information detailed in the registration form available on the Site, which includes the user’s full name, email address, username, password and profile image (optional).

  • Alternatively, users may open and log-in to their account via one of their existing social network accounts (e.g., Google, Twitter, Pinterest, or Facebook). When you open and login to your account through such existing social network account, then such account provides us with access to certain information, which is detailed and displayed to you in the notice which appears during the integration process, which may include your name, email address, profile photo and user-id on such account. Please read carefully such notice in order to understand what information is made available to us via your social network accounts. We collect your login information and other relevant information necessary to enable us to access your social network accounts in order to collect the abovementioned information. We store the above-mentioned information (or any part of it), in order to achieve the purposes set forth herein. Please remember that the manner in which social networks use, store or disclose your information is governed solely by their policies and we are not responsible for the privacy practices or other actions of such social networks. You hereby acknowledge that such information will be stored even after the linkage to your social network accounts expires, for any reason, unless otherwise required by law.

  • In addition, during your use of the Service, you may choose to upload to the Site and create certain content such as videos, texts, reviews and comments. Please note: if such content includes information about others, you are fully and solely responsible for providing all necessary information notices to affected data subjects or consumers and obtaining the required consents under applicable privacy law from data subjects or consumers for the use, processing, sub-processing and storing by Underoutfit of their information in accordance with this Privacy Policy.

2.2. INFORMATION WE COLLECT AUTOMATICALLY:

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

We collect Device Information using the following technologies:

- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

- "App Technologies", which are technologies included in our App that are not browser-based like cookies and cannot be controlled by browser settings. For example, our App may include third party SDKs, which is code that send information about your use to a server. These SDKs allow us to track our conversions, bring you advertising both on and off the Services, and provide you with additional functionality. 

- "Location-Identifying Technologies", which are technologies used to collect your location. For example, GPS, WiFi, and Bluetooth may be used to collect precise location data when you consent to precise location tracking through our app. Location data may be used for purposes such as verifying your device’s location and delivering or restricting relevant content and advertising based on that location. 

For further information on how we use tracking technologies for analytics and advertising, and your rights and choices regarding them, see the “Analytics and Advertising” and “Your Rights and Choices” sections below.

2.3. Information from other sources:

We also obtain information from other sources. The categories of sources from which we collect information include:

  • Publicly-available sources, including data in the public domain.

  • Data brokers, from which we purchase data to supplement the data we collect.

  • Social networks with which you interact.

  • Business Partners that offer co-branded services, sell or distribute products, or engage in marketing or advertising activities.

  • WHAT DO WE DO WITH YOUR INFORMATION?

    When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

    When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

    Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

  • Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information”.

3.  HOW DO WE USE YOUR PERSONAL INFORMATION?

We collect and use information for business and commercial purposes in accordance with the practices described in this Privacy Policy. Our purposes for collecting and using information include to: 

  • Enable the operation and management of the Service, including the Site, the App;

  • Perform services requested by you, such as responding to your comments, questions, and requests, and provide you with technical assistance and customer support;

  • Ensure that content on the Services is presented in an optimal way for you and for your device (e.g. tablet, mobile phone);

  • Conduct internal operations, including troubleshooting, data analysis, testing, research and statistical purposes;

  • Keep the Services safe and secured and to prevent and address fraud, breach of policies or terms, and threats or harm;

  • Comply with our legal and contractual obligations and in order to be able to protect our rights and legitimate interests;

  • Maintain our data processing records and general administrative purposes

  • Use it for customization and improvement of our Services and other Underoutfit websites, apps, technologies, marketing efforts, products and services;

  • Enhance and personalize the user’s experience on the Site and the App;

  • Develop and send you information about our products and services (for example, we may send you email and, if you opt-in, push notifications regarding content that may be of interest to you);

  • Provide you with advertising and send you offers; and

  • Fullfil any other purpose at your discretion

In addition, we use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). 

Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

4.   SHARING YOUR PERSONAL INFORMATION

We share information we collect in accordance with the practices described in this Privacy Policy. The categories of parties with whom we share information include the following:

  • Service Providers: We share information with service providers who perform services and process information on our behalf, including without limitation, hosting services, payment processing services, analytics services, authentication and fraud prevention services, and marketing services.  For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.

  • Vendors and Other Parties: We share information with vendors and other parties for analytics and advertising purposes. These parties may act as our service providers, or in certain context, independently decide how to process your information. For example, we use Google Analytics to help us understand how our customers use the Site - you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/ . You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. We also use Facebook Analytics and Pinterest Analytics to help us understand how our customers use social network features, you can read more about their privacy policies and how to opt—out here: https://www.facebook.com/policy.php, and here: https://policy.pinterest.com/en/privacy-policy   

    For more information on advertising and analytics, see the “Analytics and Behavioral Advertising” section below.

  • Business Partners: We share information with our partners in connection with offering co-branded services, selling or distributing products, or engaging in marketing or advertising activities.

  • Promotions: Our promotion may be jointly sponsored or offered by other parties. When you voluntarily enter a promotion, we share information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice and/or likeness in advertising or marketing materials.

  • Public Forums: We share information you make public through the Service. Please think carefully before making information public as you are solely responsible for any information you make public. Once you have posted information, you may not be able to edit or delete such information, subject to additional rights set out in the “Your Rights and Choices” section below.

  • In addition, we share information in the following cases: (a) to comply with any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy or any other agreement or terms of service between you and Underoutfit, and to defend against any claims or demands asserted against us by you or on your behalf; (c) to protect the rights, property, health, security, or personal safety of Underoutfit, its users or anyone else; (d) when Underoutfit is undergoing or negotiating any change in control, including by means of merger, acquisition or purchase of all or any portion of the assets of Underoutfit, or transfer of all or a portion of our business to another business; (e) at your request or direction; and (f) with notice to you and your consent.

  • Finally, we may also share your Personal Information in the following cases: (a) to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive; (b) to enforce this Privacy Policy or any other agreement or terms of service between you and Underoutfit, and to defend against any claims or demands asserted against us by you or on your behalf; (c) to protect the rights, property, health, security, or personal safety of Underoutfit, its users or anyone else; (d) when Underoutfit is undergoing or negotiating any change in control, including by means of merger, acquisition or purchase of all or any portion of the assets of Underoutfit, or transfer of all or a portion of our business to another business; (e) at your request or direction; and (f) with notice to you and your consent.

For avoidance of doubt, Underoutfit may share information that does not identify you (including information that has been aggregated or de-identified) except as prohibited by applicable law. For information on your rights and choices regarding how we share information about you, please see the “Your Rights and Choices” section below.

5.  ANALYTICS AND BEHAVIORAL ADVERTISING

We use analytics services, such as those offered by Google to help us understand how users access and use the Services. In addition, we work with agencies, advertisers, ad networks, and other parties, such as Facebook and Google, to place ads about our products and services on other websites and services.

As part of this process, we may incorporate tracking technologies from us and our vendors and other parties into our own Service (including our website and emails) as well as into our ads displayed on other websites and services.

These tracking technologies may collect data across time and services for purposes of measuring conversions or actions you take, associating the various devices you use, and serving ads and/or other content targeted to your interests (“Interest-based Advertising”). For instance, we incorporate pixels and SDKs from Facebook and Google on the Services, and may share information with them for these purposes as well as to provide you with other functionality.

We also use audience matching services (which is a type of Interest-Based Advertising) to reach people (or people similar to people) who have visited our Services or are identified in one or more of our databases (“Matched Ads”). This is done by us sharing a list of hashed emails with an ad partner or incorporating a pixel or SDK from an ad partner into our own Services, and the ad partner matching common factors between our data and their data or other datasets. 

As discussed above, vendors and other parties may act as our service providers, or in certain contexts, independently decide how to process your information. We encourage you to familiarize yourself with and consult their privacy policies and terms of use. For further information on the types of tracking technologies used and your rights and choices, please see the “Information we collect automatically” section above and the “Your Rights and Choices” section below.

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work .

You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

To limit targeted advertising in our App, visit your device settings and: (i) reset your Advertising Identifier; and (2) turn off “Ad Personalization” (Android) or turn on “Limit Ad Tracking” (iOS).

To opt out of us sharing your hashed email address for Matched Ads, please contact us at privacy@underoutfit.com and specify that you wish to opt out of Matched Ads. We will remove your email address from any subsequent lists shared with ad partners for purposes of Matched Ads.

Please note that if you opt out using any of these methods, the opt out will only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any other entities’ statements regarding their opt out options or programs. 

6.  OTHER PARTIES

We offer parts of our Services through websites, platforms, and services operated and controlled by other parties. In addition, we integrate technologies operated or controlled by other parties into parts of our Services.

Some examples include:

  • Links. Certain links provided in the Site and App permit users to leave our Site and App and enter non-Underoutfit sites or use non-Underoutfit services. Most of such linked sites and services provide legal documents, including terms of use and privacy policies governing the use thereof. It is always advisable to read such documents carefully before using those sites and services in order to know what kind of information about you is collected.

  • Liking, Sharing, and Logging-In. We may embed a third party pixel or SDK on our Service that allows you to “like” or “share” content on, or log-in to your account through social media. If you visit a page that contains such integration, we may receive information from the social network that you have authorized to share with us. Please note that the social network may independently collect information about you through the integration.

  • Brand Pages. We may offer our content through social media. Any information you provide to us when you engage with our content (such as through our brand page or via our chatbot) is treated in accordance with this Privacy Policy. Also, if you publicly reference our Services on social media (e.g., by using a hashtag associated with Underoutfit in a tweet or post), we may use your reference on or in connection with our Service.

Please note that when you interact with other parties, including when you leave our Service, those parties may independently collect information about you and solicit information from you. The information collected and stored by those parties remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S., or elsewhere. We encourage you to their terms of use and privacy policies to understand their privacy practices.

7.  DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

8.  APP AND LOCATION TECHNOLOGIES.

You can stop all collection of information via an app by uninstalling the app. You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. You can stop all collection of precise location data through an app by uninstalling the app or withdrawing your consent through your device settings.

Please be aware that if you disable or remove tracking technologies some parts of the Services may not function correctly.

9.  DATA TRANSFER

Please be aware the information collected through the Services may be transferred to, and stored on, servers which may be located in countries outside of your jurisdiction and in a country that is not considered to offer an adequate level of protection under your local laws. Your use of the Service or provision of any information, therefore, constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the U.S. and other jurisdictions as set out in this Privacy Policy. 

10.  CHILDREN

The Services are intended for general audiences, and not directed toward children. To

enjoy the Service users must be over the age of eighteen (18). The Site and Service do not knowingly collect personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) from children under 13. If you are a parent or guardian and believe we have collected personal information in violation of COPPA, contact us at privacy@underoutfit.com . We will remove the personal information in accordance with COPPA.

11.  YOUR RIGHTS AND CHOICES

You may have certain choices with respect to information in your account. For example, you can update or remove the information you have provided in your account, or delete your account.  Please note that even if you remove information or delete your account, we will retain and use information about you as necessary to comply with our legal obligations, resolve dispute, and enforce our agreements.  you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

12.  DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

13.  SECURITY

We take reasonable and appropriate security measures designed to maintain the security and integrity of our Service to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee the security of information about you.

14.  CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

15.  MINORS

The Site is not intended for individuals under the age of 18.

16.  CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at support@underoutfit.com  or by mail using the details provided below:

Underoutfit
[Re: Privacy Compliance Officer]
Underoutfit Inc,

250 Homer Street
Olean, NY 14760
United States

es

Your California Privacy Rights

These additional disclosures apply only to California residents. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt-out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights. 

1.  NOTICE OF COLLECTION

            1.1.     In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA:

  • Identifiers, including name, postal address, email address, and online identifiers (such as IP address).

  • Customer records, including phone number, billing address, and credit or debit card information.

  • Characteristics of protected classifications under California or federal law, including gender.

  • Commercial or transactions information, including records of products or services purchased, obtained, or considered.

  • Internet activity, including browsing history, search history, and interactions with a website, email, application, or advertisement.

  • Geolocation data.

  • Employment and education information.

  • Inference drawn from the above information about your predicted characteristics and preferences.

            1.2.   For further details on information we collect, including the sources from which we have received information in the past 12 months, review the “What information do we collect?” section in our Privacy Policy. We collect and use these categories of personal information for the business purposes described in the “How do we use the information we collect?” section in our Privacy Policy. 

            1.3.   Under the CCPA, “sell” is defined broadly, and some of our data sharing practices may be considered a “sale.” To the extent “sale” under the CCPA is interpreted to include the activities set out in the Privacy Policy, such as those disclosed in the “Analytics and Advertising” section in the Privacy Policy, we will comply with applicable law as to such activity. We disclose the following categories of personal information for commercial purposes: identifiers, characteristics, commercial or transactions information, internet activity, geolocation data, and inferences drawn. Please review the “Sharing of Information” section in our Privacy Policy for further details about the categories of parties with whom we have shared information in the past 12 months.

2.  RIGHT TO KNOW AND DELETE

          2.1.   You have the right to know certain details about our data practices in the past 12 months. In particular, you may request the following from us:

  • The categories of personal information we have collected about you;

  • The categories of sources from which the personal information was collected;

  • The categories of personal information about you we disclosed for a business purpose or sold;

  • The categories of third parties to whom the personal information was disclosed for a business purposes or sold;

  • The business or commercial purpose for collecting or selling the personal information; and

  • The specific pieces of personal information we have collected about you.

            2.2.   In addition, you have the right to delete the personal information we have collected from you.

            2.3.   To exercise any of these rights, please submit a request through our online form. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

3.  RIGHT TO OPT-OUT

To the extent Underoutfit sells your personal information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a required to opt-out by clicking: Do not Sell My Personal Information.  

4.  AUTHORIZED AGENT

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify you identity directly.

5.  RIGHT TO NON-DISCRIMINATION

You have the right not to receive discriminatory treatment by us for the exercise of any of your rights.

6.  SHINE THE LIGHT

Customers who are residents of California may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write to us at privacy@underoutfit.com and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

7.  MINORS

Underoutfit does not knowingly “sell,” as that term is defined under the CCPA, the personal information of minors under 18 years old who are California residents. If you are a California resident under 18 years old and registered to use the Services, you can ask us to remove any content or information you have posted on the Services. To make a request, email us at privacy@underoutfit.com with “California Under 18 Content Removal Request” in the subject line, and tell us what you want removed. We will make reasonable good faith efforts to remove the post from prospective public view, although we cannot ensure the complete or comprehensive removal of the content and may retain the content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.