Welcome to SmackSportswear.com. This Privacy Statement applies to all personal information and location information we collect or acquire about you through Smack Sportswear (described below) and through any other media channels and platforms, whether online, offline, print, telephonic, mobile, wireless, or otherwise, whether collected or acquired by Smack Sportswear (referred to herein as “We”, “we” “Our” and “our” ) or any other Smack Sportswear subsidiary or affiliate. Please note also that certain other products, services, and promotional offers made available by Smack Sportswear may contain links to additional or different privacy terms. For example, non-U.S.-based Smack Sportswear web and mobile products and services may employ privacy terms that differ from those in this Privacy Statement. In the event of a conflict between this Privacy Statement and such additional or different privacy terms, these additional or different privacy terms will apply.
We have posted this Privacy Statement to let you know what kind of information we collect when you interact with the Products/Services, the purposes for which we collect and use your information, how it is handled, with whom it may be shared, and what choices you have regarding our use of your information.
Any capitalized but undefined terms used in this Privacy Statement have the same meaning as when used in the Terms.
As we continue to develop our products and services made available through this website (“Products/Services”) and take advantage of advances in technology, our Privacy Statement may change. Please refer to this page frequently for the most up-to-date information.
WHAT TYPES OF PERSONAL INFORMATION DO WE GATHER?
We collect information about you when you register to use, purchase or receive access to our Products/Services, connect your social media account, use or purchase our Products/Services, or communicate with us. You can choose not to provide certain information or opt out of some automated collection of your information, but then you may not be able to take advantage of certain features or Products/Services. By using or purchasing our Products/Services, you grant us permission to process your personal information in accordance with the provisions of this Privacy Statement.
Personal Information. When you sign up for or purchase a particular Product/Service that requires registration or an account (collectively, any type of account you may create through Smack Sportswear is referred to in the Terms and in this Privacy Statement as “Account”), we ask you to submit certain personal information. Personal information is any information that identifies you personally, either alone or in combination with other information available to us. Personal information may include, but is not limited to:
• Your name, username, email address, date of birth, gender, and/or Account password;
• The phone number assigned to your mobile device, along with other pertinent information concerning your device, including the name of your wireless carrier/provider and any device identifier;
• Certain information concerning your health and physical characteristics;
• Any other personally identifiable information you share through your purchase or use of the Products/Services.
You may use our website to shop and order your customized products without registering an account. If you choose to check-out as a guest, we will collect limited personal information from you in order to fulfill your order, but once your order is completed, we will not retain your personal information except as may be reasonably necessary to document our business activities or as needed for required disclosures.
Social Media Connection. You may choose to enable or log in to our website purposes of purchasing or using our Products/ Services via various social media or social networking services such as Facebook or Twitter (“Social Networking Services”). By integrating these Social Networking Services into our Products/Services, we can offer you a richer and more personalized experience with our products and services. When you connect your Account to a social media account, we collect certain personal information that you have provided to that Social Networking Service. For example, when you log in with your Facebook credentials, we may collect personal information from your Facebook profile, such as your email address, profile picture, and friend list.
Payment Method Information. For certain Products/Services, we request that you furnish certain financial information, including but not limited to, credit card or other payment account information.
Other Information You Provide. When you employ or purchase our Products/Services, we may receive certain non-personally identifiable information about your use or purchase of the Products/Services. Such information, which may be collected passively using various technologies or via submission of data by devices you may have configured to work with the Products/Services, cannot presently be used to specifically identify you. We may store such information ourselves, or it may be included in databases owned and maintained by our respective affiliates, agents, and/or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to the Products/Services pages on our website, the number of visitors to each website page of the Products/Services, and the domain names of our visitors’ Internet service providers. No personal information is available or used in this process.
Information From Other Sources. If you have created an Account with us, we may obtain certain demographic information about you from reputable third party sources to help us improve our communication with you and improve our business overall.
Aggregated Information. To better serve you and improve the Products/Services, we may conduct research on demographics, interests, and behavior based on personal information and other information provided via the Products/Services. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregated information with our affiliates, agents, and business partners. This aggregate information does not identify you personally. We may also disclose aggregated information in order to describe our products and/or services to current and prospective business partners and to other third parties for other lawful purposes.
Cookies, Automatic Data Collection, and Related Technologies. When you access, purchase or use the Products/Services, we and third parties that provide certain functionality on our Products/Services, such as Facebook, Twitter, and ad networks, may engage, receive, collect, and store certain types of information through automatic data collection tools including cookies, pixel tags, Web beacons, embedded Web links, and other commonly used information gathering tools (“Automatic Data Collection Tools”). These Automatic Data Collection Tools collect certain information including, but not limited to, information such as your web requests, Internet Protocol address, browser type, browser language, the date and time of your request, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, cookies that may uniquely identify your browser, and elements employed in the Mobile Applications (as defined below).
Cookies. A “cookie” is a small data file stored by your web browser on your computer’s hard drive. It allows us to recognize your computer (but not specifically who is using it) when you visit one of the pages relating to our Products/Services by associating the identification numbers in the cookie with other user information you have provided us. That user information is stored on our secured database. Some cookies will remain on the hard drive of your computer or mobile device for the duration of your browsing session, while others will remain for longer periods of time or will remain unless and until deleted by you. You may be able to configure your browser to accept or reject all or some cookies (other than Flash cookies) or notify you when a cookie is set. Each browser is different, so please check the “Help” menu of your browser to learn how to change your cookie preferences. Please note that some of our Products/Services or features may not function properly or at all if cookies are disabled or blocked.
Some third party service providers may use “Flash cookies,” also known as Local Shared Objects or LSOs. Flash cookies are saved on your computer in the same way as other cookies, but they cannot be rejected, disabled, turned off, opted out of, or deleted in the same way as regular cookies. For information on how to manage and remove Flash cookies, please visit: http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html or epic.org/privacy/cookies/flash.html.
Pixel Tags. “Pixel tags” (also known as “tracking pixels” or “web beacons”) are small graphic files that allow us to monitor the use or purchase or access to our Products/Services. The use of pixel tags is industry standard technology used by most major web sites. A pixel tag can collect information such as the IP (Internet Protocol) address of the computer that downloaded the page on which the tag appears; the URL (Uniform Resource Locator) of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server. One of the ways in which we use pixel tags is through a third-party service provider to serve ads on our behalf across the Internet. They may collect anonymous (other than your IP address) information about your visits to and interaction with our Products/Services. They may also use this information about your visits to the Products/Services and other websites and applications to target advertisements for goods and services. If you would like more information about online marketing practices and to know your choices about not having this information used by our third party service providers, please click www.networkadvertising.org/choices.
Please see the section below titled “How Do We Use Automatic Data Collection Tools?” for more information about our use of these tools and your choices related to automatic data collection.
HOW DO WE USE PERSONAL INFORMATION?
When you sign up for a particular Product/Service that requires an Account, we may ask you to provide certain personal information or location information. If we intend to use this personal information in a manner different than the purpose for which it was collected, we will ask you for your specific consent prior to such use. If we propose to use personal information in ways that are less restrictive than those described in this Privacy Statement and/or in the specific service notices, we will offer you an effective way to opt out of such use of your personal information for such identified other purposes. In addition, you may decline to submit personal information or location information to any of the Products/Services; this may mean, however, that we are unable to provide certain Products/Services to you.
We process and use personal information and location information for the purposes described in this Privacy Statement and/or any specific privacy notices set forth for select Products/Services. In addition to the above, such purposes may include:
• Operating, maintaining, and providing you all of the features of the Products/Services, including the display of customized content and advertising;
• Providing the basic functionality of the Mobile Applications you utilize;
• Employing “reverse geo-coding” and your IP address or saved location information to provide you with specialized route and event content;
• Contacting you to deliver special offers, promotions, or other information;
• Auditing, research, and analysis in order to maintain, protect, and enhance the Products/Services;
• Ensuring the functionality and usability of the Products/Services;
• Installing and monitoring elements for security and/or credit or fraud prevention purposes;
• Creating user profiles that permit us to better understand what information a given user of our Products/Services might like to receive from us;
• Providing you with information and notices related to the Products/Services;
• Inviting you to participate in surveys conducted by us and/or our affiliates;
• Developing new products and services; and
• Improving our marketing and promotional efforts.
Email Communications. To improve our email communications, we may receive a confirmation when you open email messages from the Services, if your computer supports such capabilities. We also compare our users list to lists received from other companies in an effort to avoid sending unnecessary messages to our users. If you do not want to receive email messages or other communications from us, please see the section titled “How can you opt out of receiving communications from us?” below.
Direct Marketing. Each user that has registered or created an Account has the choice of receiving announcements about our products, services, and special events or promotions from us via email, and/or text messaging. You will receive promotional email messages from Smack Sportswear if you have agreed to receive them (i) registering for an Account via the mobile in-app registration process, (ii) leaving the check in the box next to the invitation to receive announcements, news, and promotions when registering or creating your Account via website, or (iii) clicking on an “Email Signup” link on the Products/Services and entering your email address. You will receive promotional text messages from us only if you have agreed to receive them by providing your mobile phone number when you register or create an Account.
Smack Sportswear Account Privacy Settings and Online Disclosures. Certain websites (“Websites”) and mobile applications (“Mobile Applications”) available through your use or purchase of the Products/Services come equipped with privacy settings for your profile and activities. For these Websites and Mobile Applications, we provide you with three privacy setting options for your Smack Sportswear Account—“Public. Share With Everyone,” “Friends. Share With All My Friends,” and “Private. Do Not Share.” These privacy settings control who can view your online disclosures, including but not limited to certain personal information, location information, and activity data.
The default Smack Sportswear Account privacy setting is “Friends. Share With All My Friends.” The “Friends. Share With All My Friends” privacy setting limits access to your online disclosures. While you maintain a “Friends. Share With All My Friends” privacy setting, only certain personal information—specifically, your username, first name, and first initial of your last name, and any profile picture associated with you—that you disclose and/or transmit to us via the Websites and/or Mobile Applications is disclosed or accessible to the public. All other personal information, location information, and activity data that you disclose and/or transmit is only disclosed to and accessible by us and those persons who you have designated as “Friends.”
A “Private. Do Not Share” privacy setting further limits access to the personal information, location information, and activity data that you disclose and/or transmit via the Websites and/or Mobile Applications. Specifically, while you maintain a “Private. Do Not Share” privacy setting, no personal information, location information, or activity data that you disclose and/or transmit to us is disclosed to or accessible by your “Friends” or the public. It is only disclosed to and accessible by us.
To permit the public or any third parties, including other users or purchasers of our Products/Services, to view personal information, location information, and activity data, you must actively and specifically employ a “Public. Share With Everyone” privacy setting.
We recommend that you actively manage your privacy settings on an ongoing basis, so that you can effectively guard against the unauthorized use or misuse of your personal information or location information by others.
HOW DO WE USE AUTOMATIC DATA COLLECTION TOOLS?
Purposes for Which Automatic Data Collection Tools are Used: We may use Automatic Data Collection Tools to collect information about your experience on our website. These tools do not involve the use of web beacons or cookies, but record your interaction with our website as captured by our server. Certain tools, used in some countries, may enable us to replay customer web sessions. These tools are used primarily for troubleshooting purposes; information collected by these tools will be stored for a limited period of time.
For more information on how to turn off certain Automatic Data Collection Tools, please see the section on “Cookies” and “Pixel Tags” above.
Third Party Data Collection on Our Products/Services. Please note that certain third parties whom we do not control use Automatic Data Collection Tools on our Services. When you “opt-out” of receiving interest-based ads through one of the links below, these Automatic Data Collection Tools may still collect information about your use or purchase of the Products/Services for other purposes, such as analytics and fraud prevention.
Please see “How You Can Opt-Out of Online Tracking and Receiving Interest-Based Advertisements” for more information about your choices.
On Third Party Websites. We work with third-party companies that use tracking technologies, such as Automatic Data Collection Tools, to serve advertisements on our behalf across the Internet. These companies may collect information about your use or purchase of the Products/Services and your interaction with our advertising and other communications. If you would like more information about this practice and to know your choices about not having your information used by these companies, please see “How You Can Opt-Out of Online Tracking and Receiving Interest-Based Advertisements” below and/or visit www.networkadvertising.org/managing/opt_out.asp.
These third party service providers may have access to user personal information needed to perform their functions, but may not use such information for any purpose other than the function which we have directed them to perform on our behalf. We require such third party service providers to implement and maintain reasonable security measures to safeguard the confidentiality, security, and integrity of your personal information.
HOW YOU CAN OPT-OUT OF ONLINE TRACKING AND RECEIVING INTEREST-BASED ADVERTISEMENTS:
If you want to “opt out” of tracking for purposes of serving you online interest-based advertisements, please follow the instructions at www.aboutads.info/choices or http://www.networkadvertising.org/choices/; except, you must click here to opt-out of tracking while using Safari web browser or while on mobile devices.
When you “opt out” using any one or all three of these options, an “opt-out” Cookie will be placed on your device indicating that you do not want to receive interest-based advertisements. If you delete cookies on your device generally, please keep in mind that you will need to opt-out again.
Please Note: When you “opt-out” of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on the Products/Services. It means that the online ads that you do see will not be targeted to you based on your particular interests. We may still collect information about you and your use or purchase of the Products/Services for any purpose permitted under the Privacy Statement, including for analytics and fraud prevention.
HOW MAY WE SHARE YOUR PERSONAL INFORMATION?
Information about our users is an important part of our business, and we do not sell it to others. We share user information as described below.
With Your Consent. We may share your personal information and/or location information where you have consented to the disclosure. Other than as described in this Privacy Statement, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
With Third Party Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of our Products/Services.
For Protection of All Parties. We release Account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms and other agreements; or protect the rights, property or safety of our company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
Merger, Acquisition, Sale, or Transfer of Assets or Business. If Smack Sportswear is acquired by or merged with or into another entity, or if our assets or business is sold or transferred to another entity, your personal information may be transferred to such entity as part of the transaction, and that entity and its affiliates may use your personal information under the terms of their own privacy policies which may differ from this Privacy Statement.
SAFE HARBOR CERTIFICATION
Smack Sportswear complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. The Safe Harbor certification is specific to Smack Sportswear , and Smack Sportswear’s affiliates are not covered by this certification. Smack Sportswear has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Smack Sportswear’s certification, please visit www.export.gov/safeharbor.
In compliance with the US-EU and US-Swiss Safe Harbor Principles, Smack Sportswear commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss citizens with inquiries or complaints regarding this Privacy Statement should first contact Smack Sportswear
Smack Sportswear has further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.
If you have any questions regarding this Privacy Statement please contact us.
If you are visiting and/or using or purchasing our Products/Services from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal information to the United States and processing globally. By visiting and/or using or purchasing our Products/Services, you consent to any transfer and processing of any personal information you provide in accordance with this Privacy Statement including processing by Smack Sportswear subsidiaries and affiliates.
HOW CAN YOU ACCESS AND UPDATE YOUR PERSONAL INFORMATION?
If you have registered or created an Account, you may view, update, or delete certain personal information through that Account. Please note that we reserve the right to retain personal information relating to you for a period of time, as reasonably necessary to document our business activities, comply with applicable laws or regulations or as needed for required disclosures. If you wish to edit personal information but are unable to do so by visiting your Account, contact us. If you have not registered or created an Account with our Products/Services but wish to contact us about accessing any personal information retained by us, please contact us.
HOW CAN YOU CONTACT US ABOUT YOUR INFORMATION?
If you have any questions, comments, or concerns about our handling of personal information relating to you, please INFO@SMACKSPORTSWEAR.COM to contact us.
HOW CAN YOU-OPT OUT OF RECEIVING COMMUNICATIONS FROM US?
Email Opt-Out. When you register or create an Account via website, you have the choice of receiving announcements and promotions from us via email.
If you no longer wish to receive email updates from us, you can unsubscribe by clicking on the link "Unsubscribe" at the bottom of any email message from us. Or, you can inform us through one of the following means:
To opt out of email updates, you can do so from all our emails.
Please note that some email promotions are prepared well in advance. We appreciate your patience in giving us time to carry out your request. If you unsubscribe from our email updates, you will still receive Product/Service-related emails, including confirmations of purchases and notifications regarding changes to our Terms, Privacy Statement, and/or other legal matters.
Text Message Opt-Out. If you no longer wish to receive text messages from us, please text STOP to as per the text message.
LINKS TO THIRD PARTY WEBSITES:
The Products/Services may contain links to certain third-party websites. We do not own, control, or operate such linked sites, and we are not responsible for the privacy policies or practices of such linked sites. Privacy policies and practices for such linked sites may differ from this Privacy Statement and our practices. Your access and use of such linked sites is entirely and solely at your own risk. We urge you to read the privacy policies of such linked sites before disclosing your personal information on such sites.
THIRD PARTY APPLICATIONS:
You may be able to access certain third party applications or content (collectively, “Third Party Applications”) via your Smack Sportswear Account. If you choose to access these Third Party Applications, you may be requested to log-in and sync your Smack Sportswear Account with such applications. You are in no way obligated to use any Third Party Applications, and your access and use of such applications is entirely and solely at your own risk. If you opt to use Third Party Applications via your Smack Sportswear Account, they will gain access to certain information that you have provided to us, including personal information, and they will use, store, and disclose such information in accordance with their individual privacy policies. The manner in which Third Party Applications use, store, and disclose your information is governed solely by their individual privacy policies and terms and conditions. We have no liability or responsibility for the privacy and information security practices or other actions of any Third Party Applications that you choose to access through your Smack Sportswear Account.
WHAT ARE OUR SECURITY POLICIES?
Ultimately, if you register an Account, your Account and personal information is protected by the password you provided when you created your Account or updated your password while logged into your Account. Always keep this password and login information private and never share it with anyone. Also, remember to sign off your Account and close your browser window when you have finished your visit. This is to ensure that others cannot access your Account, especially if you are sharing a computer with someone else or are using a computer in a public place.
Unfortunately, no data transmission over the Internet and no data storage can be 100% secure. Consequently, while we endeavor to safeguard your personal information against unauthorized access and disclosure, we do not warrant or guarantee the security of any personal information you transmit to, from or through our Products/Services. We will notify you in the event we become aware of a security breach involving your personal information stored by or for us. By disclosing your email address to us for any reason, you expressly consent to receive electronic notice from us in the event of such a security breach.
CHANGES TO THIS PRIVACY STATEMENT:
We may update this Privacy Statement from time to time without prior notice. You can determine when this Privacy Statement was last revised by referring to the “Last Updated" legend at the top of this page. Any changes to our statement will become effective upon posting of the updated Privacy Statement. We encourage you to periodically review our Privacy Statement to ensure familiarity with the most current version of it. If you have registered or created an Account, we may notify you of any changes to this Privacy Statement via email and may ask you to affirmatively acknowledge consent to the changes (e.g., by checking a box or clicking a button) at the time of your next Account login to our Products/Services.
SPECIAL NOTE TO PARENTS:
We take the privacy of children seriously. The Products/Services are not directed at children and our Terms prohibit children under the age of 13 from registering for or using or purchasing the Products/Services. Accordingly, we do not knowingly collect personal information from children under the age of 13 through our Products/Services, and we request that children under the age of 13 not submit any personal information through our Products/Services.