8. TARGETED ADVERTISING AND REMARKETING

You may see advertisements for our products/services on other websites and mobile applications because we work with third party advertisers to engage in remarketing and retargeting activities. Through our relationships with these advertisers, we can target messaging to our users by interest-based, demographic, contextual, and other means. These third party advertisers track your online activities over time and across websites and mobile applications by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites and mobile applications that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites or apps. This data collection takes place both on our Website and on third-party websites and mobile applications that participate in the advertising networks. This process also helps us track the effectiveness of our marketing efforts. Some third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offer a single location to opt out of ad targeting from member companies (www.networkadvertising.org).

9. OTHER WEBSITES

Our Website may contain links or references to websites operated by third parties, or you may have come to our Website using a link found in another website. This does not mean that we endorse these websites or the goods or services they provide. We do not make any representations or warranties about any website that may be linked to the Website. Such other websites are independent from us, and we have no control over, or responsibility for, their information, products or activities. Our privacy practices may differ from those of these other websites. If you provide Personal Information at one of these third party websites, you are subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make sure you understand the other website's privacy policy before providing such website with any Personal Information.

If you use a third-party website or application to access our Website or your account on our Website, your activities on such third-party sites or apps are governed by the privacy practices of those sites or apps. The privacy policies of other sites and apps may differ significantly from ours, and we have no control over the operation of those sites or apps or the manner in which the collect, store, or process data.

10. YOUR CHOICES ABOUT HOW WE USE YOUR INFORMATION AND OPTING OUT

There are ways by which you can control how your Personal Information is used.

e. Tracking. You can set your browser to refuse some or all cookies or to alert you when cookies are being sent. Please visit your specific browser’s instructions for doing this. The “Help” function on most browsers contains information on how you can set your browser to notify you before accepting cookies, or you can disable them entirely. If you opt out of cookies, you may not be able to take advantage of various features of the Website that are available to other users. For example, we may use cookies to recognize you by name when you return to this site so you don’t have to login again and provide your password each time. If you use more than one browser, you will need to change each browser’s settings in order to refuse cookies.

f. Promotional Offers.If you do not wish to receive our email promotional offers, you may opt-out by checking the relevant box when we collect your information, logging into your account to update your preferences, or clicking on the “unsubscribe” link found in emails we send to you. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving our communications will not affect your receipt of service-related communications, such as payment confirmations and delivery status updates, if we have a data breach, or other such communications for which we have a legal obligation to inform you and/or to prevent fraud or harm to our Website, our business, and/or third parties.

g. Advertising. If you do not want us to use Personal Information that we collect for us to deliver advertisements to you, you can opt-out of receiving such advertising by clicking here.

You may opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/, the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/, or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/.

If you opt-out of receiving advertising or when using the ad industry opt out tools described above, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention), but it will not be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out, and we have no control over the practices of any third-parties. If you use any of the third-party opt-out tools listed above, we do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.

1. Analytics.Our Website uses Google Analytics, a web analysis service of Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, www.google.com (https://www.google.com) (“Google Analytics” or “Google”). Google Analytics employs cookies that are stored to your computer in order to facilitate an analysis of your use of the site. The information generated by these cookies, such as time, place and frequency of your visits to our site, including your IP address, is transmitted to Google’s location in the US and stored there.

In using Google Analytics our website employs the extension “anonymizeIp”. In doing so, Google abbreviates and thereby anonymizes your IP address. Google uses this information to analyze your use of our Site, to compile reports for us on internet activity and to provide other services relating to our Website. You may learn more about Google’s IP anonymization at the following link: https://support.google.com/analytics/answer/2763052?hl=en (https://support.google.com/analytics/answer/2763052?hl=en)

Google may also transfer this information to third parties where required to do so by law or where such third parties process this data on Google’s behalf. Google states that it will in never associate your IP address with other data held by Google. You can prevent cookies from being installed by adjusting the settings on your browser software accordingly as noted elsewhere in this Privacy Policy. You should be aware, however, that by doing so you may not be able to make full use of all the functions of our Website.

Google Analytics also offers a deactivation add-on for most current browsers that provides you with more control over what data Google can collect on websites you access. The add-on tells the JavaScript (ga.js) used by Google Analytics not to transmit any information about website visits to Google Analytics. However, the browser deactivation add-on offered by Google Analytics does not prevent information from being transmitted to us or to other web analysis services we may engage.

Google Analytics also uses electronic images known as web beacons (sometimes called single pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Website are used.

You can find additional information on how to install the browser add-on referenced above at the following link: https://tools.google.com/dlpage/gaoptout?hl=en (https://tools.google.com/dlpage/gaoptout?hl=en).

Our products and services also use Google Analytics and its associated tracking technologies to help display our ads you see on other sites, and to help us manage and optimize our online advertising efforts. To opt out of Google Analytics Advertising Features, visit https://support.google.com/analytics/answer/181881?hl=en (https://support.google.com/analytics/answer/181881?hl=en) or you may access the Google Analytics Opt Out Browser Add-on, currently located at https://tools.google.com/dlpage/gaoptout (https://tools.google.com/dlpage/gaoptout).

11. DISCLOSURE FOR LEGAL PURPOSES

You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we are legally required to do so. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Website, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.

12. CHILDREN

We do not knowingly permit persons under 16 years of age to use the Website, and we do not knowingly collect, use or disclose Personal Information from anyone under 16 years of age. If we determine upon collection of Personal Information that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian's consent. If we become aware that we have unknowingly collected Personal Information from a child under the age of 16, we will make reasonable efforts to delete such information from our records.

13. CONFIDENTIAL INFORMATION

We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

14. NOTICE TO CALIFORNIA CONSUMERS

The following applies to you only if you are a California resident.

a. Your Rights and Choices

The California Privacy Rights Act (“CPRA”) provides consumers who are California residents with specific rights regarding their Personal Information.

b. Right to Access the Personal Information Collected, Disclosed, or Sold

As a California consumer, you have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request as described below, we will disclose to you:

• The categories of Personal Information we collected about you
• The categories of the sources for the Personal Information we collected about you
• Our business or commercial purpose(s) for collecting, selling, or sharing that Personal Information.
• The categories of third parties to whom we disclose, sell, or share that Personal Information.
• The specific pieces of Personal information we collected about you

c. Right to Request Deletion of Personal Information

As a California consumer, you have the right to request that we delete any or all of the Personal Information that we collected from you or about you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your Personal Information from our records and notify all of our services providers or third parties to whom we have sold or shared such Personal Information, to delete your Personal Information, unless this proves impossible or involves disproportionate effort.

We may deny your request to delete your Personal Information if retaining the Personal Information is necessary for us, our service providers, or our contractors to:

• Complete the transaction for which we collected the Personal Information, fulfill the terms of a written warranty or product recall conducted in accordance with applicable law, provide a good or service that you requested, take actions reasonably anticipated by you within the context of our ongoing business relationship with you, or otherwise perform our contract with you
• Help to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for those purposes
• Debug to identify and repair errors that impair existing intended functionality
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.)
• Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when the information's deletion is likely to render impossible or seriously impair such research, if you previously provided informed consent
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the information
• Comply with a legal obligation

d. Right to Correct Inaccurate Information

As a California consumer, you have the right to request that we correct any inaccurate Personal Information that we have retained about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.

e. Right to Limit use and Disclosure of Sensitive Personal Information

As a California consumer, you have the right to direct that we limit our use of your sensitive Personal Information to that use which is necessary:

• To perform the services or provide the goods reasonably expected by an average consumer who requests such goods or services.
• To help ensure security and integrity to the extent the use of your sensitive Personal Information is reasonably necessary and proportionate for these purposes.
• For short-term, transient use, including but not limited to, non-personalized advertising shown as part of your interaction with us, provided that your sensitive Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter an your experience outside the current interaction with us.
• To perform services on behalf of us, or service providers, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us.
• To undertake activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

If you would like to limit the use and disclosure of your sensitive Personal Information, contact us at Contact Us.

f. Right to Opt-Out of the Sale or Sharing of Personal Information

As a California consumer, you have the right to direct that we not to sell or share (as those terms are defined in the CPRA) your Personal Information. If you would like to opt-out of the sale of your Personal Information, please contact us at Contact Us.If you would like to opt-out of the sharing of your Personal Information, please contact us at Contact Us.

g. Right to Non-Retaliation if You Exercise any of Your Rights

As a California consumer, you have the right not to be discriminated against for exercising any of your CPRA rights. Unless permitted by the CPRA, if you exercise any of your California rights, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

h. How to Exercise Your Rights to Know and to Delete

To exercise your rights to know and/or to delete described above, please submit a verifiable consumer request to us by either:

• Calling us at (323) 840-3040
• Emailing us at Contact Us

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or request to know the Personal Information we disclose to service providers or third parties twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

i. Response Timing and Format

We will confirm receipt of your verifiable consumer request within ten (10) business days and provide you with information about how we will process the request, describing our verification process and when you should expect a response. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period immediately preceding our receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is useable and should allow you to transmit the information from one entity to another entity.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

j. Information We Collect From California Consumers

We collect Personal Information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include:

• Publicly available information or lawfully obtained, truthful information that is a matter of public concern.
• Deidentified or aggregated consumer information

Within the last twelve (12) months, we have collected the following categories of Personal Information from California consumers. Some of the categories may overlap with each other. The below also shows the categories of Personal Information that we have shared for a business and/or commercial purpose within the last twelve (12) months. When we disclose Personal Information, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

We obtain the categories of Personal Information listed above from the following categories of sources:

• Directly from you. For example, from information that you provide to us through our online forms, email, or other means.
• Indirectly from activity on our Sites. For example, from website usage details collected automatically.

k. Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided. For example, if you provide us with Personal Information in order for us to fulfill your product order.
• To provide you with information, products or services that you request from us.
• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
• To improve our Sites and present the contents to you.
• For testing, research, analysis and product/service development
• As necessary or appropriate to protect the rights, property or safety of us, our Users, or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your Personal Information or as otherwise set forth in the CPRA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.

We may also use or disclose the Personal Information we collect for the following commercial purpose:

• To advance our commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

l. Sharing Personal Information

We may disclose your Personal Information to a service provider or third party for a business and/or commercial purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

We disclose your Personal Information for a business purpose to the following categories of third parties:

• Our affiliates.
• Our service providers
• Third parties to whom you authorize us to disclose your Personal Information in connection with products or services we provide to you.
• Advertising and marketing companies who deliver our advertisements and promotions to you.

m. Sale of Personal Information

In the preceding twelve (12) months, we have not sold any Personal Information for monetary consideration. We do, however, disclose information for a commercial purpose by working with companies to deliver advertisements to you across the Internet. If you do not wish to have your Personal Information used for this purpose, please click the “Do Not Share My Information” Contact Us, when you set up an account with us, or as shown on the first page of our Sites.

We do not knowingly sell or share Personal Information of minors under 16 years of age without affirmative authorization.

n. Additional Information

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit an email request to the following email address: Contact Us and include the words “CALIFORNIA PRIVACY” in the subject line, and you must put the statement “Your California Privacy Rights” in the body of the request and state the name of our specific website with respect to which you are requesting the information as well as your name, street address, city, state, and zip code.

Please note the following:

• Users can visit the Sites anonymously without providing their Personal Information, but we may collect Personal Information, such as IP addresses, automatically through the use of cookies or other tracking technologies;
• We will add a link to this Privacy Notice on our home page, or at a minimum, on the first significant page after entering the Sites;
• Our Privacy Policy link includes the word “Privacy” and can be easily be found on the page specified above;
• Users will be notified of any privacy policy changes on our Privacy Policy page;
• Users are able to change their Personal Information by emailing us, by calling us, or updating their Personal Information in their online accounts with us;
• Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. We will recognize and process such signals in Users’ web browsers; and
• We allow the collection of users’ behavioral tracking by third parties for analytical and marketing purposes.

o. Grievances and Complaints

Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

p. Notice to Residents of California Regarding Proposition 65

California’s Proposition 65 requires that businesses provide warnings to California residents about products that may contain chemicals that are known to cause cancer, birth defects, or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. Some of our products, including garments with zippers and buttons, handbags, footwear, wallets, fashion jewelry, and other accessories may contain traces of lead or other chemicals identified by Proposition 65. We provide the following warning to our California customers:

WARNING: Some products sold through our website may, from time to time, contain chemicals that are known to the State of California to cause cancer and birth defects or other reproductive harm and may be included on the Proposition 65 chemical list. If you need additional information, please email us at: Contact Us. We will respond as soon as possible and provide you with the information we possess about the materials within our products.

For more information on Proposition 65, please visit https://oehha.ca.gov/proposition-65.

q. Contact for More Information

If you have any questions or concerns about our Privacy Policy or this Notice regarding your privacy or Personal Information, please contact us at Contact Us.

15. NOTICE TO UNITED KINGDOM CONSUMERS

The following applies to you only if you are a resident of the United Kingdom.

a. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed or anonymized.

We may collect, use, store and transfer different kinds of personal data about you, which we have categorized as follows:

• Identity Data includes: first name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes: billing address, delivery address, email address and telephone numbers.
• Financial Data includes: bank account and payment card details.
• Transaction Data includes: details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes: internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Website.
• Profile Data includes: your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes: information about how you use our Website, products and services.
• Marketing and Communications Data includes: your preferences in receiving marketing from us and our third parties and your communication preferences.

If you fail to provide personal data.Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

b. SPECIAL CATEGORY DATA

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

c. HOW IS YOUR PERSONAL DATA COLLECTED?

1. Direct interactions. When you use the Website to provide us with information regarding your identity, contact and financial details by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• Order a product or service;
• Create an account on our Website;
• Subscribe to our service or publications;
• Request marketing to be sent to you;
• Enter a competition, promotion or survey;
• Participate in social media activities and engagements;
• Browse from page to page; or
• Give us feedback or contact us.

In these circumstances we may collect, store and use the personal data that you disclose to us.

2. Automated technologies or interactions. As you interact with our Website, we will automatically collect data about your equipment, browsing actions and patterns. We collect this personal data by using technologies such as cookies and other similar technologies. Please see our Cookie Policy for further details.

3. Third parties or publicly available sources. We will receive personal data about you from various third parties who may collect personal data including usage or statistical data through your use of the Website.

4. Updating your information. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

If you want to update the information you have previously given to us, please contact us at Contact Us.

d. HOW WE USE YOUR PERSONAL INFORMATION

1. Lawful basis for processing your information. We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you;
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; or
• Where we need to comply with a legal obligation.

2. Purposes for which we will use your personal data. We have set out below, in a table format, some examples of how we may use the information we collect about you and the lawful basis for doing so.

3. Marketing communications. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your personal data to help us form a view on what products, services and offers may be of interest to you (we call this marketing).

You will receive marketing communications from us if you have requested information from us, or purchased goods or services from us and you have not opted out of receiving that marketing. You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us or the third party directly.

4. Third-party links. Where we provide links to third-party websites, plug-ins and applications that are not affiliated with www.denimtears.com such sites are out of our control and are not covered by this Policy. Clicking on those links or enabling those connections may allow third parties to collect or share data about you, and We do not control these third-party websites. We encourage you to consult the privacy policy of every website you visit.

5. Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy for further details.

6. Sharing your personal data. Depending on how and why you provide us with your personal data, we may share it in the following ways:

• We may share your personal data with any member of our company group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006;
• With selected third parties to which we sub-contract to provide various services and/or aspects of the Website’s functionality, or any other third parties to whom you directly authorize us to disclose your personal data to;
• With analytics and search engine providers that assist us in the improvement and optimization of this Website as described above
• With advertising and marketing companies who deliver our advertisements, marketing material and promotions to you.

We may also disclose your personal data to third parties in the following events:

• If we were to buy, sell or transfer any business or assets, whether as a going concern or otherwise, in which case we might disclose your personal data as part of that transaction;
• If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers and contacts will be one of the transferred assets;
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or if we are asked to provide your details to a lawful authority in order to aid in the investigation of crime or disorder; and/or
• In order to enforce or apply the terms of use or terms and conditions of sale of our products and services; or to protect the rights, property, or safety of our company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

7. Service Providers (Data Processors). The following is a list of the types of service providers we use:

• Website Analytics Providers: Google Analytics, employing the extension “anonymizelp”
• We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
• We use Signifyd to verify customer payments and fraud.You can read more about how Signifyd uses your Personal Information here: https://www.signifyd.com/privacy/
• We use Loop Returns to assist with customer returns.You can read more about how Loop Returns uses your Personal Information here: https://www.loopreturns.com/privacy-policy/
• We use Global-E to assist with customer returns and fulfillment.You can read more about how Global-E use your Personal Information here: https://www.global-e.com/privacy-policy/

8. Change of purpose. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

e. INTERNATIONAL DATA TRANSFERS

Some of our service providers and third parties may be based outside of the UK, as a result their processing activities will involve a transfer of your data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring that appropriate safeguards are implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK. Such contractual clauses and/or additional safeguards shall be approved by the UK and EU regulators as compliant with the UK and EU GDPR regulations respectively.

By submitting your personal information, you agree to this transfer, storing or processing.

Please contact us at Contact Us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

f. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

g. DATA RETENTION

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for compliance purposes. In some circumstances you can ask us to delete your data: see ‘Your legal rights’ below.

In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

h. YOUR LEGAL RIGHTS

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

As a data subject, you have a number of rights in relation to your personal data. Below, we have described the various rights that you have, as well as how you can exercise them.

1. Right of access. You may request access to your processed personal data. This entitles you to obtain a copy of the data we hold on you. A copy will be provided by the controller unless it is found that providing a copy will adversely affect the rights and freedoms of others.
2. Right of rectification. You may request the correction of any personal data that we hold about you. This enables you to have any inaccurate or incomplete data we hold about you corrected, though we may need to verify the accuracy of the new data provided to us.
3. Right to restrict processing. You may request us to restrict the processing of your personal data in certain circumstances. This enables you to limit the use of your data, unless you have given your consent or there is a legal or public interest which justifies our use of the data. You have the right if you: (i) contest the accuracy of the personal data; (ii) the processing is unlawful; (iii) you believe there is no longer a use by us of your personal data and require access for legal claims; or (iv) you exercise your right to object (see below).
4. Right to erasure/ Right to be forgotten. You may request the erasure of your personal data. This means that you can ask us to delete any personal data we hold about you in the following circumstances: (i) where we no longer a need your data in line with the original reason it was collected; (ii) you have withdrawn your consent (see below); (iii) you have objected to the processing of your data (see below); or (iv) we have used your data unlawfully.
5. Right to withdraw consent. Where we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. This will not however, affect the lawfulness of any processing carried out before you withdrew your consent.
6. Right to object. You may object to the processing of your personal data at any time. This means that you can stop us from using your data. Please note, this right only arises in certain circumstances including: (i) where we relying on a legitimate interest (or those of a third party) to process your data; (ii) for scientific, historical or statistical purposes; or (iii) for direct marketing purposes. Please note that the exercise of this right does not automatically result in your personal data being erased. In some cases, we may also be able to demonstrate that we have a compelling legitimate reason to process you information, which override your rights and freedoms.
7. Right to object to automated decision making and profiling. You have the right to request that you are not subject to a decision based exclusively on automated decision making (i.e. without human intervention and participation). In addition, you have the right to be informed about the use of any automated decision making and profiling of your personal data, and to be given meaningful information about the nature of the processing.
8. Right to portability. You may request that we transmit your personal data to you or to a third-party controller. We will provide you, or your requested third party, with your personal data in a structured, commonly used, machine-readable format. This right only applies to automated data which you initially provided consent for us to use or that is necessary.

If you wish to exercise any of the rights set out above, please contact us at Contact Us.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

i. CONTACT DETAILS

We, Denim Tears, are responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise any of your rights set out above, or if you think the Privacy Policy has not been followed, please contact us at:

Full name of legal entity: Denim Tears LLC.

Email address: Contact Us

16. NOTICE TO EUROPEAN ECONOMIC AREA CONSUMERS

The following applies to you only if you are a resident of the European Economic Area.

This policy explains the rights that you have as a data subject pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (the “GDPR”).It is important that you read this Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.

This policy supplements other notices and privacy policies, and is not intended to override them.

By visiting or otherwise using the Website, you agree to its terms (including as amended from time to time) and this Privacy Policy. If, for any reason, you do not agree to the terms of this policy, please stop using this Website.

c. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed or anonymized.

We may collect, use, store and transfer different kinds of personal data about you, which we have categorized as follows:

• Identity Data includes: first name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes: billing address, delivery address, email address and telephone numbers.
• Financial Data includes: bank account and payment card details.
• Transaction Data includes: details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes: internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Website.
• Profile Data includes: your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes: information about how you use our Website, products and services.
• Marketing and Communications Data includes: your preferences in receiving marketing from us and our third parties and your communication preferences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

d. SPECIAL CATEGORY DATA

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

e. HOW IS YOUR PERSONAL DATA COLLECTED?

1. Direct interactions. When you use the Website to provide us with information regarding your identity, contact and financial details by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• Order a product or service;
• Create an account on our Website;
• Subscribe to our service or publications;
• Request marketing to be sent to you;
• Enter a competition, promotion or survey;
• Participate in social media activities and engagements;
• Browse from page to page; or
• Give us feedback or contact us.

In these circumstances we may collect, store and use the personal data that you disclose to us.

2. Automated technologies or interactions. As you interact with our Website, we will automatically collect data about your equipment, browsing actions and patterns. We collect this personal data by using technologies such as cookies and other similar technologies. Please see our cookie policy for further details.

3. Third parties or publicly available sources. We will receive personal data about you from various third parties who may collect personal data including usage or statistical data through your use of the Website.

4. Updating your information. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

If you want to update the information you have previously given to us, please contact us at Contact Us.

d. HOW WE USE YOUR PERSONAL DATA

1. Lawful basis for processing your information. We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you;
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; or
• Where we need to comply with a legal obligation.

2. Purposes for which we will use your personal data. We have set out below, in a table format, some examples of how we may use the information we collect about you and the lawful basis for doing so.

3. Marketing communications. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your personal data to help us form a view on what products, services and offers may be of interest to you (we call this marketing).

You will receive marketing communications from us if you have requested information from us, or purchased goods or services from us and you have not opted out of receiving that marketing.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us or the third party directly.

4. Third-party links. Where we provide links to third-party websites, plug-ins and applications that are not affiliated with www.denimtears.com such sites are out of our control and are not covered by this Policy. Clicking on those links or enabling those connections may allow third parties to collect or share data about you, and We do not control these third-party websites. We encourage you to consult the privacy policy of every website you visit.

5. Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy for further details.

6. Sharing your personal data. Depending on how and why you provide us with your personal data, we may share it in the following ways:

• We may share your personal data with any member of our company group, which means our subsidiaries, our ultimate holding company and its subsidiaries;
• With selected third parties to which we sub-contract to provide various services and/or aspects of the Website’s functionality, or any other third parties to whom you directly authorize us to disclose your personal data to;
• With analytics and search engine providers that assist us in the improvement and optimization of this Website as described above;
• With advertising and marketing companies who deliver our advertisements, marketing material and promotions to you.

We may also disclose your personal data to third parties in the following events:

• If we were to buy, sell or transfer any business or assets, whether as a going concern or otherwise, in which case we might disclose your personal data as part of that transaction;
• If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers and contacts will be one of the transferred assets;
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or if we are asked to provide your details to a lawful authority in order to aid in the investigation of crime or disorder; and/or
• In order to enforce or apply the terms of use or terms and conditions of sale of our products and services; or to protect the rights, property, or safety of our company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

7. Service Providers (Data Processors). The following is a list of the types of service providers we use:

• Website Analytics Providers: Google Analytics, employing the extension “anonymizelp”
• We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
• We use Signifyd to verify customer payments and fraud.You can read more about how Signifyd uses your Personal Information here: https://www.signifyd.com/privacy/
• We use Loop Returns to assist with customer returns.You can read more about how Loop Returns uses your Personal Information here: https://www.loopreturns.com/privacy-policy/
• We use Global-E to assist with customer returns and fulfillment.You can read more about how Global-E use your Personal Information here: https://www.global-e.com/privacy-policy/

8. Change of Purpose. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

e. INTERNATIONAL DATA TRANSFERS

Some of our service providers and third parties may be based outside of the European Economic Area (“EEA"), as a result their processing activities will involve a transfer of your data outside the European Union.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that appropriate safeguards are implemented, this is likely to include:

• Transferring your personal data only to countries that have been deemed by the European Commission to provide an adequate level of protection for personal data which is equivalent to that provided by the GDPR.
• Where we use certain service providers, we may use specific contracts approved for use by the European Commission and the European Data Protection Board which ensure that personal data is given the same level of protection by the recipient as that data would receive were it processed in the European Union. Such contractual clauses and/or additional safeguards shall be approved by the EU regulators as compliant with the GDPR regulations.

By submitting your personal information, you agree to this transfer, storing or processing.

Please contact us at Contact Us (https://denimtears.zendesk.com/hc/en-us/requests/new) if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

f. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

g. DATA RETENTION

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for compliance purposes. In some circumstances you can ask us to delete your data: see ‘Your legal rights’ below.

In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

h. YOUR LEGAL RIGHTS

You have the right to make a complaint at any time to a supervisory authority, in particular to the supervisory authority which regulates the Member State of your habitual residence, your place of work, or the Member State in which the alleged infringement of your rights took place if you consider that the processing of personal data relating to you has infringed the terms of the GDPR.

We would, however, appreciate the opportunity to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance.

As a data subject, you have a number of rights in relation to your personal data. Below, we have described the various rights that you have, as well as how you can exercise them.

1. Right of access. You may request access to your processed personal data. This entitles you to obtain a copy of the data we hold on you. A copy will be provided by the controller unless it is found that providing a copy will adversely affect the rights and freedoms of others.
2. Right of rectification. You may request the correction of any personal data that we hold about you. This enables you to have any inaccurate or incomplete data we hold about you corrected, though we may need to verify the accuracy of the new data provided to us.
3. Right to restrict processing. You may request us to restrict the processing of your personal data in certain circumstances. This enables you to limit the use of your data, unless you have given your consent or there is a legal or public interest which justifies our use of the data. You have the right if you: (i) contest the accuracy of the personal data; (ii) the processing is unlawful; (iii) you believe there is no longer a use by us of your personal data and require access for legal claims; or (iv) you exercise your right to object (see below).
4. Right to erasure/ Right to be forgotten. You may request the erasure of your personal data. This means that you can ask us to delete any personal data we hold about you in the following circumstances: (i) where we no longer a need your data in line with the original reason it was collected; (ii) you have withdrawn your consent (see below); (iii) you have objected to the processing of your data (see below); or (iv) we have used your data unlawfully.
5. Right to withdraw consent. Where we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. This will not however, affect the lawfulness of any processing carried out before you withdrew your consent.
6. Right to object. You may object to the processing of your personal data at any time. This means that you can stop us from using your data. Please note, this right only arises in certain circumstances including: (i) where we relying on a legitimate interest (or those of a third party) to process your data; (ii) for scientific, historical or statistical purposes; or (iii) for direct marketing purposes. Please note that the exercise of this right does not automatically result in your personal data being erased. In some cases, we may also be able to demonstrate that we have a compelling legitimate reason to process you information, which override your rights and freedoms.
7. Right to object to automated decision making and profiling. You have the right to request that you are not subject to a decision based exclusively on automated decision making (i.e. without human intervention and participation). In addition, you have the right to be informed about the use of any automated decision making and profiling of your personal data, and to be given meaningful information about the nature of the processing.
8. Right to portability. You may request that we transmit your personal data to you or to a third-party controller. We will provide you, or your requested third party, with your personal data in a structured, commonly used, machine-readable format. This right only applies to automated data which you initially provided consent for us to use or that is necessary.

If you wish to exercise any of the rights set out above, please Contact Us

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

i. CONTACT DETAILS

If you have any questions about this privacy policy, including any requests to exercise any of your rights set out above, or if you think the Privacy Policy has not been followed, please contact us at:

Full name of legal entity: Denim Tears LLC.

Email address: Contact Us

17. ASSIGNMENT

We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder to any successor.

18. CONTACT

If you have any questions about your privacy or security at the Website, or wish to update your Personal Information, please send an email to Contact Us.

DATE LAST MODIFIED: April 19, 2023

COOKIE POLICY

Last updated April 19, 2023

INFORMATION ABOUT OUR USE OF COOKIES

1. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device if you agree. Cookies contain information that is transferred to your device's hard drive.
2. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
3. We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
• Analytical or performance cookies. These allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognize you when you return to our website. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

4. Please note that the following third parties (including for example, advertising networks and providers of external services like web traffic analysis services such as Facebook, Google, Loop Return, Signifyd, Shopify, Global-E, etc.) may also use cookies, over which we have no control. These third party cookies are likely to be analytical cookies or performance cookies or targeting cookies.

5. To deactivate the use of third party advertising cookies, you may visit the consumer page to manage the use of these types of cookies:

Cookie Settings

6. You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. Alternatively, you can visit www.allaboutcookies.org which provides general information about cookies and how you can manage cookies on your computer. Please note that if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website.

ASSESIBILITY

Denim Tears is committed to ensuring that individuals with disabilities can access all of the goods, services, facilities, privileges, advantages, and accommodations offered by Denim Tears LLC. through the website www.denimtears.com, and its mobile version. Please be aware that our efforts are ongoing as our current website provider implements the relevant improvements to meet WCAG 2.1 AA guidelines over time.