OVERVIEW

Thank you for visiting wagwear.com (the “Website” or “Site”) and reviewing our Privacy Policy (the “Policy”). This Policy applies to personal information we collect on this website and at our flagship store. Wagwear LLC (“Wagwear”, “we”, our”, or “us’) is responsible for this website.

This Policy describes, among other things, the types of personal information we collect on the Website, in our store, and in other ways discussed below, how we may use that information and with whom we may share it. This Policy also describes the measures we take to protect the security of such personal information. We also tell you how you can reach us to ask us to (i) access, change, or not use the personal information you have provided to us; (ii) withdraw any consent you previously provided to us; (iii) tell us to refrain from communicating with you about our products or services; and (iv) answer any questions you may have about our privacy practices.

WHAT TYPE OF INFORMATION WE COLLECT, HOW WE COLLECT IT, AND WHY WE COLLECT IT

When you purchase something from us, whether through our website or our store, as part of the buying and selling process, we collect personal information you give us, generally including but not limited to your name, address, telephone number, email address, payment information, and information that assists us in marketing our products.  When you browse our website, 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.

We gather this information either from you directly, through partnerships with other companies, or via automatic data collection tools, such as online tracking technologies. Some of our collection of personal information is required to provide our products (e.g., payment or shipping information for an online order), so if you do not provide us with the requested information, we may not be able to provide certain products or services to you. In the last 12 months, we have collected the following personal information from the sources, and for the purposes, described below:

Personal Information We Collect	Where We Get It	Why We Collect It
Identifiers and contact information such as a real name, alias, postal address, Internet Protocol address, email address, and account name.	The consumer directly, payment partners, and marketing partners.	To facilitate and process purchases, monitor use of the Website, manage our business and customer relationships, prevent fraud, and for marketing purposes.
Categories of personal information described in subdivision (e) of California Civil Code Section 1798.80 (e.g., name, physical characteristics, telephone number, credit card number, debit card number, or any other financial information).	The consumer directly, payment partners, and marketing partners.	To facilitate and process purchases, monitor use of the Sites, manage our business and customer relationships, prevent fraud, and for marketing purposes.
Characteristics of protected classifications under California or federal law (e.g., age, gender).	The consumer directly and marketing partners.	To provide our products, data analysis and market research, for marketing purposes, and for legal compliance.
Commercial information, including records of personal property; products or services purchased, obtained, or considered; or other purchasing or consuming histories or tendencies.	The consumer directly.	To provide our products, process payments, manage our business (e.g., accounting purposes), data analysis, pricing, fraud prevention, for marketing purposes, and for legal compliance.
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.	We collect consumers’ Internet Protocol addresses and other online interactions through online tracking technologies and marketing partner relationships.	To provide our products, data analysis, pricing, and for marketing purposes.
Geolocation data.	We collect zip codes from consumers directly and may collect device geolocation data.	To provide our products, inform consumers of the closest store, data analysis, fraud prevention, marketing purposes, and for legal compliance.
Audio, electronic, visual, thermal, olfactory, or similar information.	In-store cameras and customer service phone call recordings.	Theft prevention and customer service oversight and improvement.
Inferences drawn from any of the information identified in this chart to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	The consumer directly, based on purchases, returns, and preferences, and from our marketing partners.	Customer relationship management, data analysis, and for marketing purposes.

HOW WE PROTECT YOUR PERSONAL INFORMATION

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.  If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

[If you elect to set up an account on our Website, you will be asked to provide an email address and password. You must provide a valid email address and password in order to create and maintain an account, as well as to access account information. We recommend that you select a password with at least 8 characters and consider adding numbers or special characters to further strengthen your password. In order to help protect your personal information, you should be careful about providing your password to others, and you should change your password periodically. If you wish to update a password or learn more about how we safeguard your information, or if you become aware of any loss, theft or unauthorized use of a password, please contact us at amy@wagwear.com.]

We do not, and will not, at any time, ask you to provide your personal information in an unsolicited email or telephone communication. Identity theft and the practice currently known as "phishing" are of concern to us. If you receive an email from someone impersonating Wagwear, please contact us to bring it to our attention.

CONSENT

By accessing or otherwise using our Website, you agree to the terms of this Policy and you expressly consent to the processing of your personal information according to this Policy, absent opting out as described herein below.  By providing us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

Opting Out:
You may withdraw your consent for us to contact you or for the continued collection, use or disclosure of your information at any time by contacting us at amy@wagwear.com or mailing us at: Wagwear, LLC, 48 E 11th Street, New York, New York, USA 10003.

THIRD-PARTY SERVICES. LINKS TO THIRD-PARTY WEBSITES

The policies and procedures set forth herein do not apply to any third-party websites. The owners and operators of all third-party websites are responsible for all personal information provided, collected, maintained, stored, or otherwise disclosed on those sites, if any. The links on our Website, if any, do not imply that we endorse or have reviewed the third-party websites, including their privacy policies, if any. We strongly encourage contacting those sites directly for information on their privacy policies.

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.  However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
Also, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.  As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.  Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Similarly, if you use a social media platform, connected television, or your mobile device (or other method of communication), including to interact with the Sites or otherwise engage with us or others online, that platform or application may have a specific privacy statement that governs the use of personal information related to it. If you have questions about the security and privacy settings of your device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings. We do not control the data collection or privacy practices of any third-party platform through which you access our Sites or contact us. You should review the privacy policy and terms of use of any third-party site before using or downloading any app or device and review and use available controls and settings on your device to reflect your preferences.

If you have accessed the Sites through a link from certain of our advertising or marketing partners, the Sites may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed webpages is collected by us, and our use of such information is governed by this Policy.

Shopify

Our Website store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.  If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

DIGITAL TECHNOLOGY AND TARGETED ADVERTISING

We (and our marketing partners may) use various online tracking technologies to gather information about you when you interact with our Website, email communications, or other websites, apps, or advertisements. These online tracking technologies include technologies such as cookies (a piece of information placed on your browser when you access our Website), web or hardware beacons (small pieces of data embedded in images and webpages), pixel tags, log files, local shared objects, and similar technologies (collectively, “Tracking Technologies”).

When you visit certain websites, including ours, the Tracking Technologies may collect identifiers (e.g., your Internet Protocol address or other online or device identifier), categories of personal information described in Cal. Civ. Code § 1798.80(e), internet or other electronic network activity information (e.g., a record of your usage of our Website or engagement with other content, and the time of your usage), geolocation data (e.g., your approximate location), and inferences about you. Such information is collected passively using Tracking Technologies, both on our Website and on other third-party sites you visit or whose products or services you use.

We use the information gathered via these Tracking Technologies to maintain and optimize our Website (e.g., improving security, fixing bugs, preventing website crashes), understand traffic and usage patterns, associate information with a particular user or device, personalize your experience (e.g., saving preferences, holding your shopping card selections when you leave the Sites without checking out), track other websites you visit or other online activity, and for marketing purposes (e.g., generating leads and tailoring our marketing efforts). Our partners (e.g., Google, Meta, and other social media networks) may also supplement this data with the same or similar categories of personal information they have collected about you. Our marketing partners disclose such information to us, and where we collect such information, we disclose it to them, for marketing purposes (e.g., targeting advertisements so individuals receive ads that are more relevant to them). 

We may use a variety of cookies on our Website. Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue in your browser until they are deleted or expire). Some of the cookies we use may be flash cookies or Adobe cookies, which may contain demographic information and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted. You can learn more about cookies, see what cookies have been set on your computing device, and learn how to manage and delete them by visiting http://allaboutcookies.org.

While we recommend that you leave cookies turned on, as they allow you to take advantage of some of the features of our Website, you have the ability to control our cookies. Specifically, you can configure your browser settings to (i) receive notifications when you are receiving new cookies, (ii) disable cookies, or (iii) delete cookies. Please refer to your Web browser's help section for information on how to do this. Depending on where you live, you can also choose whether or not to accept cookies by using the cookie banner found on our Sites. If you elect not to allow cookies to be placed, you may not be able to use or to enjoy all of the services and features of the Sites.  Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

We may share personal information with other parties to provide analytics services and serve ads on our behalf targeted to your interests and based on your online activities. Information may be linked to your browser or device (like cookies and similar tracking technologies) and related to you if you have a customer account or interact with us in other ways. These parties may use the information for their own marketing and to offer products and services on our online services.

Your personal information is not shared for money, but our use and disclosure of your identifiers and contact information, commercial information, internet or other electronic network activity information, and inferences drawn from such information, to marketing partners and analytics providers for marketing purposes within the last 12 months, could fall within California’s definitions of “selling” or “sharing.” “Sharing” is referred to as “targeted advertising” in some places. We do not sell or share personal information of individuals we know to be under 16 years of age.

If you are a resident of the U.K., California, Colorado, Connecticut, Utah, and/or Virginia, you may opt-out of our use and/or disclosure of your personal information across non-Wagwear businesses, websites, and applications for targeted advertising purposes (“opt-out of selling/sharing”). California, Colorado, and Connecticut residents may use authorized agents to submit opt-out of selling/sharing requests on their behalf. To submit a request to opt-out of selling/sharing, you (or for California, Colorado, and Connecticut residents, your authorized agent) email us at amy@wagwear.com.

If you do not have a Wagwear account, or if you are not logged into your Wagwear account, your request to opt-out of selling/sharing will be linked to your browser identifier only and not linked to any account information, because the connection between your browser and the account is not known to us. This means that you will need to opt-out on each browser or device you use. If you would like us to make the connection between your browser and your account, please ensure that you are logged in to your Wagwear account when requesting to opt-out of selling/sharing, or submit this form. Your browser may save some information in its cookies and cache to maintain your privacy preferences. Clearing these may remove opt-out preferences, requiring you to opt-out again. You can read more about targeted adverting and take additional steps to control targeted advertising from many ad networks and exchanges by visiting the Digital Advertising Alliance (www.optout.aboutads.info). You may also choose to control targeted ads you receive within apps by using the settings and choices made available to you by your device manufacturer.]

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

Your Choices

Privacy Requests

Your rights and choices vary by the jurisdiction in which you reside. In addition to the choice to opt-out of selling/sharing discussed in the preceding section, Wagwear also provides residents of the U.K., Canada, California, Colorado, Connecticut, Utah, and Virginia the ability to:

• Know the information being processed about them;
• Access their personal information, including receiving a copy in a portable format;
• Correct inaccurate personal information;
• Delete certain personal information (this includes UK and Canadian residents’ right to object, restrict, or withdraw consent, to the processing of their personal information); and
• Not be discriminated against for exercising their privacy rights.

Exceptions apply to all of these rights, but if we deny your request, we will tell you why. You can also correct and/or delete personal information by logging into your Wagwear account or speaking with a representative in our store. You may delete your Wagwear account at any time.

Eligible consumers, and authorized agents for California residents, may submit privacy requests by contacting us at amy@wagwear.com.  When we receive a request to know, access, correct, cease processing, or delete your personal information, we must first verify your identity. We will take commercially reasonable steps to do so, including verifying you via your existing password-protected account, if applicable, or asking you to provide us with information matching the information we already have about you, such as by identifying a recent product you’ve purchased from us, the dollar amount of a recent purchase, or other such historical information about your purchases with us. If you wish to designate an authorized agent to make a request on your behalf, the agent should indicate that when submitting your request. We will then verify your authorized agent’s permission to act on your behalf, including by requiring that they provide a written authorization to do so.

There may be circumstances in which we need not grant your privacy request. For example, we are not required to delete personal information needed to complete the transaction for which the personal information was collected (such as completing a sale), to detect fraudulent or illegal activity, for bookkeeping or tax purposes, or for legal purposes. Also, we are not required to provide access, correction, or deletion where your identity could not be verified, where the information would compromise others’ privacy or other legitimate rights, like intellectual property rights, or where the information contains legally privileged material. If we determine that your request should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries.

If you are a Colorado, Connecticut, or Virginia resident and we deny your privacy request, you may appeal our decision by contacting us in any of the ways listed in the “Contact Us” section below.

Managing Your Communication Preferences

Email. To stop receiving promotional emails, click the “unsubscribe” link in any of our marketing emails or adjust your email preferences in your Wagwear account.

Text Messages. To opt-out of our text program, please review our Terms of Service and the SMS/MMS Mobile Message Marketing Program Terms and Conditions contained therein for instructions.

NON-UNITED STATES RESIDENTS

By using our Website, you will be sending information (including personal information) to the United States where our servers are located. We will hold and process your personal information in accordance with privacy laws in the United States and this Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be considered less protective than, privacy laws in other countries. Therefore, by providing your personal information, you consent to the use of your personal information for the uses identified in this Policy and to the transfer of your personal information to the United States. Any transfer of U.K. consumer data to the United States is done according to the established Standard Contractual Clauses for international data transfers. Additional detail can be obtained by contacting us as described in the “Contact Us” section.

You may also have additional privacy rights based on your country’s privacy laws. See the “Your Choices” section of this Policy for more information.

DOCUMENT RETENTION

We retain personal information for as long as needed or permitted for the purpose(s) for which we obtained it, and as consistent with applicable law. The criteria used to determine our retention periods include:

• How long the personal information is needed to provide our products and operate our business;
• The type of personal information collected;
• How recently you made a purchase from us;
• Whether you have an account with us;
• Whether we are legally or contractually required to maintain your information for a certain period of time; and
• Other legal considerations (e.g., statutes of limitations).

AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Children’s Privacy

Our Website is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13 on our Website. If we become aware that we have inadvertently received personal information from a visitor under the age of 13, we will delete the information from our records.  We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Policy by instructing their children never to provide personal information through the Sites without parental consent. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us and we will endeavor to delete that information from our databases.

CHANGES TO THIS POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you. We may at any time update this Policy to ensure our policies are in line with all applicable laws and regulations and best business practices.  

CONTACT US

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at amy@wagwear.com or by mail at:
Wagwear, LLC
Re: Privacy Compliance Officer
48 E 11th ST New York New York US 10003