Our Privacy Policy

This policy applies to information we collect when you use https://www.buytoms.com or mobile applications, shop in https://www.buytoms.com , attend an event, or otherwise interact with us as described below (collectively, the “Services”). We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the “Last Updated” date above, and if we make material changes, we will provide you with additional notice (such as adding a statement to our website or sending you an email notification). We encourage you to review this Privacy Policy whenever you interact with us to stay informed about our information practices, how your personal information will be processed, and the choices available to you.

Information We Collect

Information You Give to Us

We collect information you provide directly to us. For example, we collect information when you: access or use the Services; purchase our products; review a product; participate in a survey, contest, promotion, activity or event; subscribe to our marketing newsletter; communicate with us via third-party social media sites; request customer support; or otherwise communicate with us. The types of information we collect directly from you may include personal information such as your name, username, email address, postal address, phone number, birth date, payment method information, photographs, videos, social media handles, and any other information you choose to provide.

Information We Collect Automatically When You Use Our Services

When you access or use the Services, we automatically collect information about you such as:

• Log Information. We log information about you when you visit and use the Services, including your Internet Protocol (“IP”) address, access times, operating system, browser type and language, Internet Service Provider, and the web page you visited before navigating to our Services.
• Transaction Information. When you purchase a product, we collect information about the transaction, such as product details and the date and location of the purchase.
• Device Information. We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.

Information Collected by Cookies and Other Tracking Technologies

We and our service providers may automatically collect information about you using cookies, web beacons, and other tracking technologies. “Cookies” are small data files stored on your hard drive or in device memory that help us improve the Services, improve your experience, determine which areas and features of the Services are popular, count visits and deliver content, including ads relevant to your interests. Web beacons are electronic images that may be used in the Services or in emails and help deliver cookies, count visits, and understand usage and campaign effectiveness. We use cookies and web beacons to help the Services function and to improve our performance. To learn more about cookies, how we use them, and how to manage or disable, please refer to our Cookie Policy below.

When you access or use the Services, if Cookies are enabled, they automatically collect information about you such as:

• Log Information. We log information about you when you visit and use the Services, including your Internet Protocol (“IP”) address, access times, operating system, browser type and language, Internet Service Provider, and the web page you visited before navigating to our Services.
• Transaction Information. When you purchase a product, we collect information about the transaction, such as product details and the date and location of the purchase.
• Device Information. We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.

Information We Collect from Third Parties

We may also obtain information from other sources and combine that with information we collect about you. For example, we collect information from consumer insight sources (such as information about your inferred interests) to help us better understand your interests.

Information We Infer

We may derive information or draw inferences about you based on the other personal information we collect about you. For example, based on your history of browsing for running shorts on our Services, we may infer that you would be interested in purchasing running shoes.

How We Use the Information We Collect

In general, we use the information we collect to process your requests and transactions, provide you with high-quality service, tell you about opportunities we think will be of interest to you and administer your online account. We also use the information we collect to:

• Provide you tailored product recommendations based on your Run Signature input;
• Respond to your comments, questions, requests, and provide customer service;
• Process and deliver contest or sweepstakes entries and prizes;
• Monitor, audit and analyze trends, usage, and activities in connection with the Services;
• Investigate security incidents and prevent fraudulent transactions and other illegal activities; and
• Provide, maintain and improve our Services, including to personalize and improve the Services, and provide content, features, or advertisements that match your interests and preferences or otherwise customize your experience.
• Complete the transactions you request, perform our contractual obligations, and as otherwise anticipated with the context of our ongoing business relationship.
• Conduct internal research and development.
• Debug, identify and repair errors that impair existing intended functionality of our Services.
• Comply with our legal obligations, including those required for you to benefit from rights recognized by law, or any regulatory requirements or provisions.
• Carry out certain short-term activities and other reasonable internal purposes related to the products or services you purchase from us or your ongoing relationship with us.

How We Share Information

In some instances, We may share your personal information with third parties. For example:

• With third-party vendors, consultants, and other service providers who are working on our behalf and who require access to your information to carry out their work. For instance, we may share information about you with other companies that use this information to help prevent fraudulent transactions;
• When you sign up for and participate in the interactive areas of our Services, certain information about you may be displayed publicly, such as your username, photos, biographical information, information about your activity on the Services (including but not limited to the date you created your account, the date you last logged into your account, prior posts and kudos, badges earned, etc.), and any other information you choose to provide;
• In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation, or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
• If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights and property of others;
• In connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business; and
• With your consent or at your direction.

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

Social Sharing Features

The Services may offer social sharing features or other integrated tools, such as a Facebook “Like” button, which let you share actions you take on the Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.

Security

We take reasonable measures, including administrative, technical, and physical safeguards, to help protect personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction.

Third Party Advertising and Analytics

We may allow third parties to serve advertisements on our behalf across the Internet and to provide analytics services. These third parties may use cookies, web beacons, and other technologies to collect information, such as your IP addresses, identifiers associated with your mobile device or applications on the device, web browsers, pages viewed, time spent on pages, links clicked, and conversion information. In some cases, the information collected by these cookies and other technologies may be linked to other information about you, such as your email address, which we may share in hashed or encrypted form. This information may be used by other companies to analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests, and better understand your usage. We may also work with third parties to serve ads to you as part of a customized campaign on a third-party platform. As part of these ad campaigns, we or third-party platforms may convert your information into a unique value that can be matched with a user account on these platforms to allow us to serve you advertising that is customized to your interests. For more information about interest-based ads, or to opt out of having your web browsing information used for interest-based advertising purposes, please visit https://optout.aboutads.info/?c=2&lang=EN. European users may opt out of receiving targeted advertising through the European Interactive Digital Advertising Alliance.

We also use a third party to enable product reviews on our Services. When you submit a product review, you become subject to the terms of use and privacy policy of this third party and the reviews you submit may be posted on our Services and on third party sites.

Manage Your Personal Information

Online Account Information

You may access, update and correct your online account information at any time by logging into your online account and updating your preferences. If you wish to delete your online account, please email us , but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of your information for a certain period of time.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the Services. In certain regions, including the EEA, you can manage your cookie preferences any time on our website by selecting Cookie Preferences in the site footer. To opt out of being tracked by Google Analytics when using our web-based services, visit https://tools.google.com/dlpage/gaoptout.

Children and Our Services

Our Services are not directed to children, and you may not use our Services if you are under the age of 14. You must also be old enough to consent to the processing of your personal information in your country of residence (in some countries we may allow your parent or guardian to do so on your behalf).

INFORMATION FOR CALIFORNIA CONSUMERS; YOUR CALIFORNIA PRIVACY RIGHTS

Additional Disclosures Related to Collection, Use, and Disclosure of Personal Information

The California Consumer Privacy Act (“CCPA”) requires businesses to disclose whether they “sell” personal information as defined by the statute. Please refer to this page for information about practices. In addition, California law requires that we disclose the following information with respect to our collection, use, and disclosure of personal information.

In the preceding 12 months, we have collected the following categories of personal information: identifiers; demographic information (note that some demographic information may be considered characteristics of protected classifications under state or federal law); audio, electronic, and visual information; commercial information; biometric information; internet or other electronic network activity information; inferences; and other information that relates to or is reasonably capable of being associated with you. For examples of the precise data points we collect and the sources of such collection, please see Information we Collect above. We collect personal information for the business and commercial purposes listed in How We Use the Information We Collect above.

We may share your personal information with third parties as described in How We Share Information above. In the preceding 12 months, we have disclosed the following categories of personal information for business purposes: identifiers; demographic information (note that some demographic information may be considered characteristics of protected classifications under state or federal law); audio, electronic, and visual information; commercial information; biometric; internet or other electronic network activity information; inferences; and other information that relates to or is reasonably capable of being associated with you. As described in this Privacy Policy, we do permit our advertising partners to use cookies and other technologies to receive information about you in order to show you ads that are targeted to your interests. Click here to select your website cookie preferences; in order to opt out of targeted advertising please see Third Party Advertising and Analytics above.

Your Privacy Rights

California consumers have the right to:

• Request more information about the categories and specific pieces of personal information we have collected and personal information we have disclosed for a business purpose in the last 12 months.
• Request Deletion of your personal information, subject to certain exceptions prescribed by law.
• Opt out of sales of your personal information, if applicable.

If you would like to exercise any of these rights, contact us . If you would like to use an authorized agent registered with the California Secretary of State to exercise these rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request. We will not discriminate against you if you choose to exercise your rights under the CCPA.

Retention

Our retention periods for personal information are based on business needs and legal requirements. We retain personal information for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired. In addition, when you consent to receive marketing communications from us, we retain your email address and information about your marketing preferences.

Our Global Operations

If you reside in the United States, you are contracting with Sports, Inc. and the information we collect is governed by U.S. law. By accessing or using our Services or otherwise providing information to us, you consent to the processing and transfer of information in the U.S. If you reside in the EEA, you are contracting with Sports, N.V., which is your data controller and is responsible for the collection, use, disclosure, retention and protection of your personal information in accordance with the General Data Protection Regulation, this Privacy Policy, as well as any applicable national laws.

Residents of the European Economic Area

Data Subject Requests and Certain Rights

If you are a resident of the EEA, you have certain rights and protections under the law regarding the processing of your personal information, including:

• A right to obtain information: You have the right to request information about how we process your personal information.
• A right of access: You have the right to request access to, or a copy of, the personal information we process about you.
• A right of rectification: You have the right to request that we correct or supplement inaccurate or incomplete personal information we process about you.
• A right of erasure: You have the right to request that we delete personal information about you.
• A right to restriction of processing: You have the right to request that we restrict processing of your personal information, so that we can store such information but not further process it.
• A right to data portability: You have the right to request that we provide the personal information which you provided to us in a structured, commonly used and machine-readable format, and you have the right to transmit such data to another controller without hindrance from us.
• A right to object to processing: You have the right to request that we stop processing personal information about you (for example, when your personal information is processed for direct marketing purposes, you have the right to object to the processing of such data at any time by clicking on the “unsubscribe” link available at the bottom of the messages received).
• A right to revoke your consent: When our processing is based on your consent, you have the right to revoke such consent at any time.
• The right to file a complaint: You have the right to file a complaint regarding our data protection practices with the data privacy authority in your country of residence.For contact details of your relevant local Data Protection Authority, please see https://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.

If you have an online account, you may also access, update, correct, and obtain a copy of certain personal information by accessing the “Settings” feature of your online account.

Legal Basis for Processing

If you are a resident of the EEA, we process your personal information when:

• We need to use your personal information to perform our responsibilities under a contract with you. For example, we will process your personal information provide products and services you order, including processing your payments, sending notifications related to your purchases, and processing any exchanges or returns you initiate, based on our legal obligation to perform under contracts we have entered with you.
• We have a legitimate interest in processing your personal data. For example, we may process your personal data to send you marketing communications based on our legitimate interest in providing information about products and services that may be of interest to you (unless applicable law requires us to obtain your consent, in which case we will do so)
• We have your consent to do so. For example, we may process your personal information based on your consent to send you marketing communications.

International Transfers

The European Commission has adopted standard contractual clauses (also known as Model Clauses), which provide safeguards for personal information that is transferred outside of Europe. We use these Model Clauses when transferring personal information outside of Europe. You can request a copy of our Model Clauses .

Our Cookie Policy

Effective: May 23, 2018

Our Privacy Policy above explains how we collect and use information from and about you when you visit our website, create an account with us, or otherwise interact with us. This policy explains more about how we use cookies and your choices concerning cookies.

What are Cookies?

Like most websites, we use cookies and similar technologies to remember things about you so that we can provide you with a better experience.

• Cookies are small data files stored on your browser or device. They may be served by the entity that operates the website you are visiting (“first-party cookies”) or by other companies (“third-party cookies”).
• Pixels are small images on a web page or in an email. Pixels collect information about your browser or device and can set cookies.
• Local storage allows data to be stored locally on your browser or device and includes HTML5 local storage and browser cache.
• SDKs are blocks of code provided by our partners that may be installed in our mobile applications. SDKs help us understand how you interact with our mobile applications and collect certain information about the device and network you use to access the application.

How We Use Cookies

We use cookies for a number of reasons, like helping us see which features are most popular, counting visitors to a page, improving our users’ experience, keeping our services secure, and generally providing you with a better experience. The cookies we use generally fall into one of the following categories.

WHY WE USE THESE COOKIES

• Technical/Required: These cookies are essential for our services to function properly. Like the other cookies we use, technical cookies may be either first-party cookies or third-party cookies.
• Preferences: We use these cookies to remember your settings and preferences. For example, we may use these cookies to remember your language preferences.
• Performance: We use these cookies to collect information about how you interact with our services and to help us improve them.For example, we may use these cookies to determine if you have interacted with a certain page.
• Analytics: We use these cookies to help us understand improve our services. For example, we can use these cookies to learn more about which features are the most popular with our users and where we may need to make improvements.
• Advertising: We and our advertising partners use these cookies to deliver advertisements, to make them more relevant and meaningful to visitors to our website, and to track the efficiency of our advertising campaigns, both on our services and on other websites.

Your Choices

You have a number of options to control or limit how we and our partners use cookies and similar technologies, including for advertising.

• Although most browsers and devices accept cookies by default, their settings usually allow you to clear or decline cookies. If you disable cookies, however, some of the features of our services may not function properly.
• To prevent your data from being used by Google Analytics, you can install Google’s opt-out browser add-on.
• For information on how our advertising partners allow you to opt out of receiving ads based on your web browsing history, please visit https://optout.aboutads.info/. European users may opt out of receiving targeted advertising through the European Interactive Digital Advertising Alliance.
• Check your mobile device for settings that control ads based on your interactions with the applications on your device. For example, on your iOS device, enable the “Limit Ad Tracking” setting, and on your Android device, enable the “Opt out of Ads Personalization” setting.