Thermapparel Privacy Policy

ThermApparel Privacy Policy

Last Updated: October 26, 2021

Introduction

Welcome! ThermApparel Inc. knows that safeguarding your privacy is important. Please take a moment to read this privacy policy ("Privacy Policy"). ThermApparel Inc., operates both the ThermApparel retail brands (collectively, "ThermApparel" or "we", "our." or "us"). This Privacy Policy explains how ThermApparel collects, uses, shares and protects information and makes certain choices about how your information is used. This Privacy Policy covers both our: (1) "online" (e.g., web and mobile services, including any websites operated by us and mobile applications, however accessed and/or used, whether via personal computers, mobile devices or otherwise; and also widgets, applications, interactive features and/or downloads that are owned or operated by ThermApparel and available through online Services, or that post a link to this Privacy Policy) and (2) "offline" (e.g., collection of data in our physical retail stores, by telephone, or at in person events) activities owned, operated, provided, or made available by ThermApparel. Our "online" and "offline" activities are collectively referenced as the "Services."

We want you to enjoy your experience on the Services, so it's important for you to understand our practices for information we collect about you from the Services, including the types of information we collect regarding visitors to the Services and how we may use that information. This Privacy Policy explains these practices. Please review this Privacy Policy carefully. In addition, please review the Services' Terms of Use, which governs your use of the Services.

BY USING THE SERVICES OR OTHERWISE GIVING US YOUR INFORMATION, YOU AGREE TO THIS PRIVACY POLICY AND EXPRESSLY CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION ACCORDING TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT USE ANY OF OUR SERVICES OR GIVE US ANY OF YOUR INFORMATION. In addition, please review our Terms of Use applicable to any specific website or other Service.

As we update and expand our Services, the Privacy Policy might change so please check it out from time to time. If update this Privacy Policy, the "last updated" line above will be revised.

1. What Information Do We Collect?

(a) Information You Provide To Us

We may ask that you provide us, or otherwise give you the opportunity to provide us, with certain categories of information, such as: (1) personally identifiable information (i.e., information that can reasonably be used to identify you personally, or information associated with the foregoing) such as your name, email address, birth date, credit card number, and physical address (any of the foregoing, "Personal Information"); and (2) demographic information, such as gender, zip code, or similar information ("Demographic Information"). We may collect this information through various forms and in various places through the Services, including account registration forms, when you become a member of one of our loyalty programs, if you maintain a "wish list," sweepstakes and contest entry forms, email newsletter sign-ups, or when you submit information, communicate or otherwise interact with us. We do not consider Demographic Information about you to be Personal Information unless it is associated with Personal Information so as to permit identification of you. If we combine Demographic Information with the Personal Information we collect, we will treat it as Personal Information under this Privacy Policy.

(b) Information We Collect Via Technology

In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of now and later developed methods or technologies that automatically or passively collect certain information whenever you visit or interact with the Services ("Usage Information"). This Usage Information may include the browser you are using, the URL that referred you to our Services, all of the areas within our Services that you visit, and the time of day, among other information. We may use Usage Information for a variety of purposes, including to enhance or otherwise improve the Services and your interaction with them. In addition, we collect your IP address or other unique identifier ("Device Identifier") for your computer or other devices used to access the Services (any, a "Device"). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier.

A few of the methods and technologies that may be used to collect Usage Information include the following:

Cookies. A cookie is a data file placed on a Device when it is used to access the Services. A Flash cookie is a data file placed on a Device via the Adobe Flash plugin that may be built-in to or downloaded by you to your Device. Cookies and Flash cookies are standard in the industry; you'll find them at most major websites. Cookies and Flash cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. If you choose to disable cookies or Flash cookies on your Device, some features of the Services may not function properly.

IP Address. An IP address is a number that's automatically assigned to your computing Device whenever you're surfing the web - your computing Device's unique "signature." Web servers automatically identify your computing Device by its IP address. When you visit our websites, we collect some general information about your computing Device, including its IP address, the operating system it uses (for example, Windows XP), the browser software it uses (for example, Microsoft Internet Explorer), and your Internet service provider (for example, AT&T). This information helps us better understand the people who visit our Services. ThermApparel collects this general information to identify the most popular areas on our Services and to provide aggregate information to our advertisers to let them know about the number of people who have seen and clicked on.

Web Beacons. Small graphic images or other web programming code called web beacons (also known as "1x1 GIFs" or "clear GIFs") may be included in our web and mobile pages and email messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Services, to monitor how users navigate the Services, to count how many emails that were sent were actually opened or to count how many particular articles or links were actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.

We may from time to time supplement the information we collect about you online with information from other sources, such as information validating your address or information you provided to us through one of our retail stores, including, without limitation, in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. Thus, information we obtain may be intermingled with and used in conjunction with information obtained through other sources, including both offline and online sources. In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have stated otherwise.

You may also choose to participate in a third party application (such as one of our Facebook applications or a similar application on a third party web site) through which you allow us to collect (or the third party to share) information about you, including Personal Information. The third party may allow you to remove the application, in which case we will no longer collect information about you through the application, but we may retain the information previously collected. In addition, we may receive information about you if other users of a third party web site give us access to their profiles and you are one of their "friends" or information about you is otherwise accessible through your friend's web page, profile page, or similar page on a social networking or other third party web site or interactive service.

(d) Information You Provide About A Third Party

If you send someone else a communication from or through the Services, such as sending an article to a friend or information about Products, we use the information you provide (typically, names and email addresses) to facilitate the communication and we do not use it for any other marketing purpose, unless we obtain consent from that person.

(e) Information Collected by Mobile Applications

Certain aspects of the Services may be provided through an application on your mobile, tablet computer or similar device ("Mobile Application"). You agree that we may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to any such Mobile Applications.

If we implement one or more Mobile Applications, the Mobile Application may automatically collect and store some or all of the following information from your mobile device ("Mobile Device Information"), including without limitation:
   -Your preferred language and country site (if applicable)
   -Your phone number or other unique device identifier assigned to your mobile device
   -The mobile device manufacturer and model of your mobile device
   -The IP address of your mobile device
   -Your mobile operating system
   -The type of mobile Internet browsers you are using
   -Information about how you interact with the Mobile Application and any of our websites to which the Mobile Application links, such as how many times you use a specific part of the mobile application over a given time period, the amount of time you spend using the Mobile Application, how often you use the Mobile Application, actions you take in the Mobile Application and how you engage with the Mobile Application
   -Information to allow us to personalize the services and content available through the Mobile Application
   -Your geolocation

We may use information automatically collected by the Mobile Application (including the Mobile Device Information) in the following ways:
   -To operate and improve our Mobile Applications, other Services, our company's services, and tools;
   -To create aggregated and anonymized information to determine which Mobile Application features are most popular and useful to users, and for other statistical analyses;
   -To prevent, discover and investigate violations of this Privacy Policy or any applicable terms of service or terms of use for the Mobile Application;
   -To customize the content or services on the Mobile Application for you, or the communications sent to you through the Mobile Application (if any)

We may associate your unique Device Identifier or Mobile Application usage information with any Personal Information you provide.

For purposes of your use of any of our Mobile Applications and the services offered through any Mobile Application, the Mobile Application may also collect certain information about you (including Personal Information) that you knowingly supply to the Mobile Application such as the following:
Your user name and any password required by the Mobile Application
   -Age
   -Gender
   -Mailing or other address
   -Zip code
   -Telephone number
   -Email address
   -Photos uploaded by you

Registration may be required and Personal Information may also be collected if there is content from the Mobile Application that you specifically and knowingly upload to an online community, website or to the public, e.g. uploaded photos, posted reviews. This uploaded content will also be subject to the privacy policy of the platform to which you upload the content.

2. How Do We Use The Information Collected?

ThermApparel may use your Personal Information, Demographic Information or Usage Information: (1) to provide you with products, information or services or process transactions that you have requested or agreed to receive, including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties; (2) to enable you to participate in a variety of the Services' features such as online entry sweepstakes, message boards and other communication features, user-generated content functions, and interactive features; (3) to process your registration with the Services (including any loyalty programs offered or accessible through the Services), including verifying your email address is active and valid; (4) to improve the Services, to customize your experience on the Services, or to serve you specific content that is most relevant to you; (5) to contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or Services' policies; (6) for internal business purposes; and (7) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

Further, we may use third party analytics and other service providers to evaluate and provide us with information about the use of the Services and viewing of our content. These third parties may set and access their own tracking technologies and methods such as cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including Usage Information. When using the Services, certain third parties may collect Personal Information about your online activities over time and across different websites. This Privacy Policy does not govern such third party tracking technologies but does govern our collection and use of your Usage Information we receive in connection therewith.

Please note that when you submit information to the Services via a "contact us" or other similar function, you may not always receive a response. We will not use the information provided to contact you for marketing purposes unrelated to your request unless you agree otherwise.

3. How and When Do We Disclose Information to Third Parties?

ThermApparel may share Usage Information and Demographic Information with third parties for their use. In addition, ThermApparel may share Personal information we have collected about you as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy.

(a) For Third-Party Marketing Purposes. ThermApparel may disclose your Personal Information to advertisers, marketers, sponsors, business partners and other third parties for their use (including for them to directly market to you).

If you do not want us to share with third parties your Personal Information for those third parties' direct marketing purposes, you can let us know by contacting us, by email or by letter, using the contact information set forth in section 14 below. Please include "Third-Party Marketing Opt-Out" in the subject line of your email or letter.

(b) Third Parties Providing Services on Our Behalf. We may use third party vendors to perform certain services on behalf of the Services, such as hosting the Services, designing and/or operating the Services' features, tracking Service analytics, enabling you to purchase products and enabling ThermApparel to send you email newsletters or performing other administrative services. We may provide these companies with access to user information, including Personal Information, to carry out the services they are performing for you or for ThermApparel. We do not authorize these vendors to user or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements.

(c) Co-branded Areas. Certain areas of the Services may be provided to you in association with third parties ("Co-Branded Areas") and may require you to disclose Personal Information in order to register for and access products. Such Co-Branded Areas will identify the third party associates. If you elect to register for products and/or services at Co-Branded Areas you may be providing your information to both ThermApparel and the third party associates. Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Services, your Personal Information may be disclosed to the identified third party associates for that Co-Branded Area and will be subject to the posted privacy policies of the relevant third party associates.

(d) Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions (any, a "Promotion") through the Services that may require registration. By participating in a Promotion, you are agreeing to the terms, conditions and official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners list.

(e) Administrative and Legal Reasons. We may transfer and disclose your information, including Personal Information, to third parties: (i) in the event we are required to respond to subpoenas or other legal process or if in our good faith opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; (iii) to protect and/or defend the Services' Terms of Use or other policies applicable to the Services; (iv) to protect the personal safety, rights, property or security of any individual; or (v) to prevent financial loss or in connection with an investigation of suspected or actual fraudulent or illegal activity. We may also use IP address or other Device Identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.

(f) Business Transfer. ThermApparel may share Personal Information with its parent and its and their subsidiaries and affiliates. ThermApparel also reserves the right to disclose and transfer all information related to the Services, including, without limitation, your Personal Information, Demographic Information and Usage Information: (i) to a subsequent owner, co-owner or operator of the Services or applicable database; or (ii) in connection with a corporate merger, change of control, consolidation, restructuring, the sale of substantially all of ThermApparel's assets or other corporate change, including, without limitation, during the course of any due diligence process.

4. Your Choices Regarding Your Personal Information and Changing Your Information

When you receive promotional emails from us, you may indicate a preference to stop receiving such communications from us and you will have the opportunity to "opt-out" by following the instructions in the applicable email. When you receive promotional text messages from us, you have the opportunity to "opt-out" by texting "STOP" to the number set forth in the ThermApparel Terms of Use or in your sign-up materials, or by following any unsubscribe instructions in the applicable text message. If we contact you by telephone for promotional purposes, you may notify us at that time if you do not wish to receive further promotional telephone communications. Note that if you've provided multiple forms of contact information at different times, you may have to opt out for each set of contact information that you have added to your account. If you don't want to reply to an e-mail or text message you receive, or want a simpler way to opt out of receiving e-mails or text messages from us, you can just tell us what you want by contacting:

ThermApparel
Attn: Opt-Outs
40 Franklin St
Rochester NY, 14604

We may contact you for service-related purposes (such as, but not limited to, notice that we have changed the Services or the Privacy Policy) when we believe it necessary or advisable to do so. You may not opt out of these communications, which are not promotional in nature, but if you do not wish to receive these announcements, you have the option to terminate your account. You understand that any such termination of your account may involve deletion of your Personal Information from our live databases. ThermApparel will not have any liability to you for any termination of your account or related deletion of your information.

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Services may allow you to review, correct, change or update certain of the Personal Information in your account by logging in to your account and editing it, provided that it remains accurate, complete, and up to date. ThermApparel will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable.

You may request that we delete or destroy your Personal Information. We will make good faith efforts to delete or destroy any Personal Information that we have collected about you, solely to the extent permitted by law. When we delete electronic information that we have collected from or about you, it will be deleted from our active databases but may remain in our archives.

5. What is Online Behavioral Advertising and How Can You Opt-Out?

We may work with third-party advertising companies who may utilize cookies and web beacons, and data collected on our online Services, to customize advertisements to you on our online Services, as well as on other websites or Mobile Applications in their networks beyond our online Services. Among other things, these customized advertisements may advertise our products and services on websites or Mobile Applications not affiliated with us. Some of these ads are online behavioral advertising -- which serve advertisements that are more likely to be of interest to you using non-personal behavioral information. Such ads may contain cookies that allow monitoring of websites and Mobile Applications (including our own online Services) and your response to our advertisements. Cookies or web beacons placed by these companies do not collect Personal Information, and the third-party advertising companies do not have access to or use your name, address, e-mail address, telephone number or other Personal Information; they may however, anonymously track your usage across our online Services and other websites or Mobile Applications in their networks. We limit companies that place our ads from using information for any purpose other than to assist us in our advertising efforts.

For more information about these third-party advertising companies' privacy policies, visit the Network Advertising Initiative's website at http://www.networkadvertising.org/. If you prefer to not receive targeted advertising, you can opt-out of network advertising programs that use your information. To do so, please visit: the Network Advertising Initiative's opt-out page.

Please note that if you opt out, you will still see advertisements while you are browsing online. However, the advertisements you see will not be based on your preferences or behavior, and thus may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

In order for behavioral advertising opt-outs to work on your Device, your browser must be set to accept cookies. If you delete cookies, buy a new Device, access our Services from a different device, login under a different screen name, or change web browsers, you will need to opt-out again. If your browser has scripting disabled, you do not need to opt out, as online behavioral advertising technology does not work when scripting is disabled. Please check your browser's security settings to validate whether scripting is active or disabled.

"Do Not Track" Functionality.

Our Services do not recognize Do Not Track signals from browsers. However, many third-party services that collect this type of information permit you to opt out through a separate system. To learn more about this behavioral advertising practice or to opt-out of this type of advertising from participating third-party providers, as mentioned above, you can visit the Network Advertising Initiative's website at http://www.networkadvertising.org/

6. Information You Disclose Publicly

(a) User Generated Content, Social Networking and Public Information. The Services may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions, communications, or other content, including Personal Information (collectively, "User Generated Content"). User Generated Content may be published online or offline in any media or format (currently existing or hereafter developed). Others may have access to this User Generated Content and may have the ability to share it with third parties across the Internet. Additionally, you may have the opportunity to engage in social networking or other online activities through the Services, such as creating a public profile, sharing User Generated Content, and inviting others to connect with you. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Generated Content or social networking and other online activities. Please note that ThermApparel does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. Notwithstanding anything to the contrary herein, this Privacy Policy does not apply to any information that you disclose publicly, share with others or otherwise upload onto the Services. We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive through the Services.

(b) Name and Likeness. We may also publish your name, voice, likeness and other Personal Information that is part of your User Generated Content, and ThermApparel may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Generated Content you submit to the Services, please review our Terms of Use.

7. Persons Under 18

Our Services are not intended for children under 18 years of age, and we do not knowingly collect Personal Information from children under 18 years of age. If you are under 18 years of age, do not provide Personal Information to ThermApparel. If we discover that a child under the age of 18 has provided us with Personal Information and we do not have parental consent, we promptly delete that child's information from the Services. If you believe that ThermApparel has been provided with the Personal Information of a child under the age of 18 without parental consent, please notify us immediately using the contact information in section 14 below.

8. Security

We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use our Services and provide us with your information at your risk.

9. Links to Other Sites

The Services may contain content that is supplied by a third party, and those third parties may collect web site usage information and your Device Identifier when web or mobile pages from any online Services are served to your browser. In addition, when you use the Services, you could be directed to other sites that are beyond our control. For example, if you "click" on a banner advertisement, or a link, the "click" takes your browser off the Services. We have no control over, do not review and are not responsible for the privacy policies of such other websites or other locations. These other sites and locations may send their own cookies or other tracking technologies to users, collect user data, or solicit Personal Information.

In addition, we may contract with third parties to provide services such as online order selection and fulfillment services for the products available through our Services. You acknowledge and agree that you may be leaving our Services to select products and place your product order. Such third parties' websites or mobile applications are subject to such third parties' policies, and when you are on those websites or mobile applications, those third parties' privacy policy and not this Privacy Policy govern the collection of information from you.

10. Social Media Features and Widgets

Some of our websites and Mobile Applications may include social media plug-ins and features (such as the Facebook Like button) and widgets ( such as the "Share This" button) or interactive mini-programs that run on our web sites or Mobile Applications. In addition, some of our websites and Mobile Applications may also permit or require you to register or log into your account via a social networking platform such as Login with Facebook.

These social media features and plug-ins may share with us your username and password for the social media services and other information available about you or collected from you on these social media services, in accordance with the terms and conditions (e.g., terms of use and privacy policy) of the company providing them. In addition, the companies providing these features and plug-ins may be able to collect information about you, including your IP address, your activity on our websites and Mobile Applications, and they may notify your connections on the social networking platform about your use of our websites and Mobile Applications. These social media services may also set a cookie to enable a feature to function properly, and employ unique identifiers which allow your activity to be monitored across multiple web sites and Mobile Applications for purposes of delivering more targeted advertising to you.

Social media features and widgets are hosted by either a third-party or hosted directly on our websites or Mobile Applications. Your interactions with these plugs-in and features are governed by the privacy policy of the company providing them.

11. Transfer of Information to the United States

The Services are operated in the United States and intended for users located in the United States. If you are located outside of the United States, please be aware that information we collect will be transferred to and processed in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Services or providing us with any information, you consent to this transfer, processing and storage of your information in the United States.

12. Changes in this Privacy Policy

ThermApparel reserves the right to change this Privacy Policy at any time. You agree that we may notify you of the updated Privacy Policy by posting it on our websites or Mobile Applications so that it is accessible via a link on the home page of the websites or via a link or tab on the Mobile Applications, and your use of the Services after we have posted the updated Privacy Policy (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the updated Privacy Policy. Therefore, you should review this Privacy Policy from time to time, and before using any of our Services. The updated Privacy Policy will be effective upon reasonable notice after posting, or such later date as may be specified in the updated Privacy Policy.

13. Your California Privacy Rights

California's "Shine the Light" law, California Civil Code 1798.83, requires certain businesses to respond to requests from California customers (those who have an established business relationship with us) asking about the business' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We comply with this law in both ways.

You may request the following information, which will be provided to you via either in writing or e-mail free or charge: (1) a list of the categories of personal information disclosed by us for the third parties' direct marketing purposes during the immediately preceding calendar year; and (2) the name and addresses of all third parties that received personal information from us for the third parties' direct marketing purposes during the preceding calendar year and if, the nature of the third parties' business cannot reasonably be determined from the third parties' name, examples of the products or services marketed, if known to us, sufficient to give you a reasonable indication of the nature of the third parties' business. Requests for this information should be sent to the contact information set forth in section 14 below.

Furthermore, as discussed above in section 3(a), if you wish to opt-out of having your Personal Information and Subscriber Publication Information shared with third parties for the third parties' direct marketing purposes, please contact us, by email or written letter, using the contact information set forth in section 14 below.

14. Contact Us

To opt-out of having your Personal Information and Information shared for third-party marketing purposes (section 3)(a)), to correct or update Personal Information (section 4), to request information under California's Shine the Light law (section 13) or if you have any questions about this Privacy Policy or our data practices, you may contact us in the following ways

ThermApparel's mailing address is ThermApparel, 40 Franklin St., Rochester, NY 14604, our customer service telephone number is 844-232-7233, and our customer service email address for questions about this Privacy Policy is contact.us@thermapparel.com.

If you are opting out of having your Personal Information shared with third parties for their direct marketing purposes, please include "Third-Party Marketing Opt-Out" in the subject line of your email or letter.