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Privacy Policy

Persist Apparel Privacy Policy

This Privacy Policy describes how Persist Apparel ("the Site", "we", "us" or "our") collects, uses and discloses your personal information when you visit the Site, use our services or make a purchase on persistapparel. com ("the Site"), or otherwise interact with us (collectively, the "Services"). For purposes of this Privacy Policy, “you” and “your” mean you as a user of the Services, whether you are a customer, website visitor, or other individual whose information we have collected in accordance with this Privacy Policy.

Please read this Privacy Policy carefully. By using and accessing the Services, you agree to the collection, use and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access the Services.

CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time, including to reflect changes in our practices or for other operational, legal or regulatory reasons. We will post the revised Privacy Policy on the Site, update the “Last Updated” date, and take any other steps required by applicable law.

HOW WE COLLECT AND USE YOUR PERSONAL INFORMATION

To provide the Services, we collect and have collected in the past 12 months personal information about you from various sources as set out below. The information we collect and use varies depending on how you interact with us.

In addition to the specific uses set forth below, we may use the information we collect about you to communicate with you, provide the Services, comply with any applicable legal obligations, enforce any applicable terms of service and the Services, our rights and protect or defend the rights of our users or others.

WHAT PERSONAL INFORMATION WE COLLECT

The types of personal information we collect about you depend on how you interact with our Site and use our Services. When we use the term “personal information,” we are referring to information that identifies, relates to, describes, or can be associated with you. The following sections describe the categories and specific types of personal information we collect.

INFORMATION WE COLLECT DIRECTLY FROM YOU

Information you provide directly to us through our Services may include:

  • Basic contact information including your name, address, telephone number, email.
  • Order information, including your name, billing address, shipping address, payment confirmation, email address, telephone number.
  • Account information, including your username, password, security questions.
  • Store information, including the items you view, add to your cart, or add to your wish list.
  • Customer service information, including the information you choose to include in communications with us, for example, when you send a message through the Services.

Some features of the Services may require you to directly provide us with certain information about yourself. You can choose not to provide this information, but doing so may prevent you from using or accessing these features.

INFORMATION WE COLLECT THROUGH COOKIES

We also automatically collect certain information about your interactions with the Services ("Usage Data"). To do this, we may use cookies, pixels and similar technologies ("Cookies"). Usage Data may include information about how you access and use our Site and your account, including device information, browser information, network connection information, your IP address, and other information relating to your interaction with the Services.

INFORMATION WE OBTAIN FROM THIRD PARTIES

Finally, we may obtain information about you from third parties, including from suppliers and service providers who may collect information on our behalf, such as:

  • Companies that support our Site and Services, such as Shopify.
  • Our payment processors, who collect payment information (e.g. bank account, credit or debit card information, billing address) to process your payment to fulfill your orders and provide you with the products or services you have requested, to perform our agreement with you.

When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software development kits, third party libraries and cookies.

Any information we obtain from third parties will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of any information provided to us by third parties and are not responsible for the policies or practices of third parties. For more information, see the section below, Third Party Websites and Links.

HOW WE USE YOUR PERSONAL INFORMATION

Providing Products and Services. We use your personal information to provide you with the Services to carry out our agreement with you, including to process your payments, fulfill your orders, send you notifications related to your account, purchases, returns, exchanges or other transactions , to create, maintain and otherwise manage your account, to arrange shipping, to facilitate any returns and exchanges, and to enable you to post reviews.

Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to provide you with advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites.

Security and Fraud Prevention. We use your personal information to detect, investigate, or take action regarding possible fraudulent, illegal, or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account information secure. We strongly recommend that you do not share your username, password or other access information with anyone else. If you believe your account has been compromised, please contact us immediately.

Communicate with you. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests to be responsive to you, to provide effective services to you and to maintain our business relationship with you.

COOKIES

Like many websites, we use Cookies on our Site. For specific information about the Cookies we use in connection with powering our store with Shopify, see https://www.shopify.com/legal/cookies . We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), perform analytics and better understand user interactions with the Services (in our legitimate interest to administer the Services , improve and optimize). We may also allow third parties and service providers to use Cookies on our Site to better tailor the services, products, and advertising on our Site and other websites.

Most browsers automatically accept Cookies by default, but you can choose to set your browser to delete or refuse Cookies through your browser settings. Please note that deleting or blocking Cookies may negatively impact your user experience and may result in some of the Services being incorrect or unavailable, including certain features and general functionality. In addition, blocking Cookies does not completely prevent how we share information with third parties, such as our advertising partners.

HOW WE DISCLOSURE PERSONAL INFORMATION

In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

  • With vendors or other third parties who perform services on our behalf (e.g. IT management, payment processing, data analysis, customer support, cloud storage, fulfillment and shipping).
  • With business and marketing partners, including Shopify, to provide services and advertise to you. [NOTE TO MERCHANT: ADD THE FOLLOWING SENTENCE IF YOU USE SHOPIFY'S ADVERTISING SERVICES, SUCH AS SHOPIFY AUDIENCES] [For example, we use Shopify to support personalized advertising with third-party services]. Our business and marketing partners will use your information in accordance with their own privacy statements.
  • When you direct, request, or otherwise consent to our disclosure of certain information to third parties, such as to ship products to you or through your use of social media widgets or login integrations, with your consent.
  • With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
  • In connection with a corporate transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants, and similar requests), to enforce any applicable terms of service, and to protect the Services, our rights, and protect or defend the rights of our users or others.

We have disclosed the following categories of personal information and sensitive personal information (marked with a *) about users in the last 12 months for the purposes set out above in "How We Collect and Use Your Personal Information" and "How We Disclose Personal Information" :

Category Categories Recipients Identifiers such as basic contact information and certain order and account information Commercial information such as order information, shopping information, and customer service information Internet or other similar network activity, such as Usage Data Vendors and third parties who perform services on our behalf (such as internet service providers, payment processors, fulfillment partners, customer support partners, and data analytics providers) Business and Marketing Partners Affiliates We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you.

[NOTE TO MERCHANT- PLEASE INCLUDE THE FOLLOWING PARAGRAPH AND TABLE IF YOU USE SHOPIFY'S ADVERTISING SERVICES, SUCH AS SHOPIFY AUDIENCES, OR UNDERTAKE ANY OTHER ACTIVITY THAT MAY BE CONSIDERED "SELLING" OR "SHARING" PERSONAL INFORMATION OR PROCESSING PERSONAL INFORMATION INFORMATION FOR "TARGETED ADVERTISING"]

We have “sold” and “shared” (as those terms are defined in applicable law) personal information in the last 12 months for the purpose of conducting advertising and marketing activities, as follows.

Category of Personal Information Categories Recipients Identifiers such as basic contact information and certain ordering and account information Business and marketing partners Commercial information such as details of purchased products or services and shopping information Business and marketing partners Internet or other similar network activity, such as Usage Data Business and marketing partners USER GENERATED CONTENT The Services may allow you to post product reviews and other user-generated content. If you choose to submit user-generated content to any public area of ​​the Services, such content will be public and accessible by anyone.

We do not control who will have access to the information you make available to others and cannot guarantee that parties with access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information you make publicly available, or for the accuracy, use or misuse of any information you disclose or receive from third parties.

THIRD PARTY WEBSITES AND LINKS Our Site may contain links to websites or other online platforms operated by third parties. If you follow links to sites that are not affiliated with or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness or reliability of any information found on these sites. Information you provide in public or semi-public locations, including information you share on third-party social networking platforms, may also be visible to other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.

CHILDREN'S DATA The Services are not intended for use by children, and we do not knowingly collect personal information from children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact information below to request that it be deleted.

As of the effective date of this Privacy Policy, we have no actual knowledge that we "share" or "sell" (as those terms are defined under applicable law) personal information of persons under the age of 16.

[NOTE TO MERCHANT: PLEASE SEEK LEGAL ADVICE IF YOUR SITE IS DIRECTED OR TARGETED TO CHILDREN AS MORE SPECIFIC DISCLOSURES MAY BE REQUIRED.]

SECURITY AND PRESERVATION OF YOUR INFORMATION Please be aware that no security measure is perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any information you send us may not be secure in transit. We recommend that you do not use unsecured channels to communicate sensitive or confidential information to us.

How long we retain your personal information depends on several factors, such as whether we need the information to service your account, provide the Services, comply with legal obligations, resolve disputes, or enforce other applicable contracts and policies force.

YOUR RIGHTS AND CHOICES Depending on where you live, you may have some or all of the rights set forth below regarding your personal information. However, these rights are not absolute, may only apply in certain circumstances and, in certain cases, we may deny your request as permitted by law.

Right to Access / Knowledge. You may have the right to request access to personal information we hold about you, including details regarding the ways we use and share your information. Right to Deletion. You may have the right to request that we delete any personal information we hold about you. Right to Correction. You may have the right to request that we correct inaccurate personal information we hold about you. Right to Portability. You may have the right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions. [NOTE TO MERCHANT: IF YOU USE SHOPIFY ADVERTISING SERVICES, SUCH AS SHOPIFY AUDIENCES OR UNDERTAKE ANY OTHER ACTIVITY THAT MAY BE CONSIDERED "SELLING" OR "SHARING" PERSONAL INFORMATION OR PROCESSING PERSONAL INFORMATION FOR "TARGETED ADVERTISING", INSERT THE PARAGRAPH BELOW AND MAKE SURE YOU GIVE CUSTOMERS THE ABILITY TO OPT OUT OF THIS ACTIVITY ON YOUR SITE BY USING SHOPIFY'S PRIVACY AND COMPLIANCE APP OR OTHERWISE.]

Right to Opt Out of Sales or Sharing or Targeted Advertising. You may have the right to instruct us not to "sell" or "share" your personal information or to opt-out of processing your personal information for purposes that are considered "targeted advertising" as defined in the applicable privacy laws. Please note that if you visit our Site with the Global Privacy Control opt-out preference signal enabled, depending on where you are located, we will automatically treat this as a request to opt-out of the "selling" or "sharing" information for the device and browser you use to visit the Site. [NOTE TO MERCHANT: IF YOU COLLECT INFORMATION THAT MAY BE CONSIDERED SENSITIVE PERSONAL INFORMATION UNDER APPLICABLE PRIVACY LAWS, ADDITIONAL CONSENTS/DISCLOSURES MAY BE REQUIRED. IF YOU COLLECT SENSITIVE PERSONAL INFORMATION, PLEASE INSERT THE PARAGRAPH BELOW AND CONSULT EXTERNAL LEGAL ADVICE TO CONFIRM YOUR RESPONSIBILITIES.]

Right to Restrict Use and/or Disclosure of Sensitive Personal Information and/or Opt Out. You may have the right to instruct us to limit our use and/or disclosure of sensitive personal information to only what is necessary to perform the Services or provide the goods reasonably expected by an average individual. Restriction of Processing: You may have the right to ask us to stop or restrict the processing of personal information. Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw that consent. Appeal: You may have the right to appeal our decision if we refuse to process your request. You can do this by responding directly to our rejection. Managing Communication Preferences: We may send you promotional emails, and you can unsubscribe from receiving them at any time by using the unsubscribe option displayed in our emails to you. If you unsubscribe, we may still send you non-promotional emails, such as those about your account or orders you've made. You may exercise any of these rights as indicated on our Site or by contacting us using the contact details below.

We will not discriminate against you for exercising any of these rights. We may need to collect information from you to verify your identity, such as your email address or account information, before we can provide a substantive response to the request. In accordance with applicable laws, you may designate an authorized agent to submit requests on your behalf to exercise your rights. Before accepting any such request from an agent, we will require the agent to provide evidence that you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a timely manner as required under applicable law.

[NOTE TO MERCHANT: ADD THE FOLLOWING SENTENCE IF YOU USE SHOPIFY'S ADVERTISING SERVICES, SUCH AS SHOPIFY AUDIENCES]

We use Shopify's advertising services such as Shopify Audiences to help personalize the advertising you see on third-party websites. To restrict Shopify merchants who use these advertising services from using your personal information for such services, visit https://privacy.shopify.com/nl .

COMPLAINTS If you have any complaints about how we process your personal information, please contact us using the contact details below. If you are not satisfied with our response to your complaint, depending on where you live, you may have the right to appeal our decision by contacting us using the contact details below, or by submitting your complaint submit to your local data protection authority.

INTERNATIONAL USERS Please note that we may transfer, store and process your personal information outside the country in which you reside, including the United States. Your personal information is also processed by third party personnel and service providers and partners in these countries.

If we transfer your personal information outside Europe, we will rely on recognized transfer mechanisms such as the European Commission Standard Contractual Clauses, or any equivalent contracts issued by the relevant UK competent authority, where relevant, unless the data transfer is to a country that is determined to provide an adequate level of protection.

CONTACT If you have any questions about our privacy practices or this Privacy Policy, or would like to exercise any of the available rights, please email us at support@persistapparel.com

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