Privacy policy

Carbon38 Privacy Policy

 

Effective Date: January 1, 2023

 

At the core of Carbon38’s philosophy lies the DNA of activewear: fit, fabric, and function. But rather than focusing only on her performance in the gym, we act as curators, collaborators, and creators of clothing that will enhance her performance in her life. The role of today’s woman is unprecedented – she has the agency to design and live the life that she wants, and she chooses Carbon38 because we provide her the wardrobe that she needs to feel her most powerful, stylish, and feminine.

Central to this mission is our commitment to be transparent about the ways we collect, use, and share your personal information and the other data we collect when you use our products and services. Our site is created to connect guests to the best that we have to offer on the platforms and devices our guests prefer. We are dedicated to treating your personal information with care and respect. Our privacy policy is designed to provide transparency into our privacy practices and principles in a format that you can navigate, read, and understand. 

 

1.      Introduction

 

This Privacy Policy explains how Carbon 38, Inc. (“Carbon38,” “we,” “our,” or “us”) collects, shares, and uses the information that we collect about you when you use any of our Services (as defined in our Terms and Conditions) or visit our Website (as defined in our Terms and Conditions). It applies only to our websites, services, products, and applications (as described in the definition of "Services" in our Terms and Conditions), and does not apply to any third-party websites, services, products, or applications – even if they are made available by us or accessible through our Services or our Website. Unless we define a term in this Privacy Policy, all capitalized words used in this Privacy Policy have the same meanings as they do in our Terms and Conditions.  California residents should also review the disclosures available in the table at the end of this Privacy Policy.

This Privacy Policy applies to you whenever you use our Services or visit our Website.  For purposes of this Privacy Policy, a “Guest” or “Guests” means any Carbon38 customer or any other person or business that uses our Services or visits our Website.  Please read this Privacy Policy carefully so that you understand your rights in relation to your personal data. If you do not agree with any part of this Privacy Policy, you should not access our Website.

2.      Information We Collect About You

 

We need to collect certain information about you in order to provide and improve the Services, to administer and help you manage your use of the Services (including your account, if you are an account holder), and to enable us to help you customize your experience using the Services.

Information that You Provide

We collect information about you that you provide to us when you create an account, sign up to use the Services, undergo account or identity verification, communicate with us, upload content, answer our surveys, or otherwise use the Services or interact with us, including:

·       Personally Identifying Information (“PII”).  Your name, email address, shipping address, billing address, phone number, and birthdate.

·       Financial Information. Bank account, credit card numbers, and other publicly available information.

·       Non-Identifying Information.  Information that you provide to us that cannot be used by itself to identify you or any other individual.

·       Aggregated Information.  Information about groups or categories of customers, which does not identify and cannot reasonably be used to identify an individual.

·       Other Information You Provide.  Any other information that you provide to us voluntarily, including any survey responses, participation in promotions or contests, or referrals.

Information We Collect When You Use Our Services

We also collect information about you and the devices you use to access the Services, including:

·       Location Information. Information about where you are located, such as by converting a Guest’s Internet Protocol (IP) address into a rough geolocation. We may use location information to improve and personalize the Services and to contact you about service offerings that may be of interest to you. You may opt out of such marketing communications by emailing us at customercare@carbon38.com.

·       Device Information. Information about your devices (such as your mobile phone, tablet etc.), including the operating system, device identifier, mobile network information, and information about how your devices interact with the Services. 

·       Use Information. Information about how you use the Services (we refer to this information as "Usage Data"). Usage Data may include information such as a Guest's IP address, browser type, operating system, the web page that a Guest was visiting before accessing the Services, the pages or features of the Services with which a Guest engaged and the time spent on those pages or features, the links within the Services that a Guest clicked on, and other statistics.

·       Other Information. Any other information you upload to, or that is derived from, your use of the Services.

Information We Collect About You Using Cookies

We also collect information about you and the devices you use to access the Services through the use of “cookies,” which are small text files that are saved by your browser when you access the Services, including our Website. 

We use the following types of cookies to collect information about your browsing activities over time and across different websites following your use of our Services:

·       Strictly necessary cookies, which are required for the operation of our Website and our Services. These includes cookies that enable you to use a shopping cart or make use of e-billing services.

·       Analytical/performance cookies, which allow us to recognize and count the number of visitors and how Guests engage with our Website. This helps us to improve the way our Services and our Website work, for example, by ensuring you can easily find what you are looking for.

·       Functionality cookies, which are used to recognize you when you return to our Website. They allow us to personalize content, recognize Guests, and remember Guest preferences.

·       Targeting cookies, which record a Guest’s visit to a website, the individual pages visited, and the links followed. This type of cookie also tracks your movements across different websites and creates profiles of your general online behavior, which is used to serve you targeted online advertising.

We may use both session cookies and persistent cookies; unlike persistent cookies, session cookies are deleted when you log off from the Services and/or Website and close your browser. Although most browsers are set by default to automatically accept cookies, you can adjust your browser settings to either stop accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don't accept cookies you may not be able to access and use certain features of the Services and the Website.

We may use the information derived from the cookies placed on your device for any of the following purposes:

·       To identify that you've logged in to the Services or visited our Website and to remember that you have visited us or used the Services before.

·       To tell us how and when you interact with the Services and the Website (including tracking your cart activity and triggering cart reminders to be sent to you by SMS messaging).

·       To monitor aggregate usage and web traffic routing on the Services and the Website.

·       To collect data in order to provide and improve our advertising campaigns, including by sending information to our third-party partners.

·       To enable our affiliates and third-party partners to use cookies to track your behavior when using the Services, our Website, or any partner or third-party service or site, including the way you interact across sites outside of the Services.

·       To customize and improve the Services and the Website.

Some third-party service providers that we work with (including third-party advertisers) may also place their own cookies on your browser.  For example, if we send you any offers for services or products provided by our partners or affiliates or you click a link to one of our partner’s or affiliate’s or another third party’s websites or services, then such partner, affiliate, or other third party may also place cookies on your browser. This Privacy Policy does not apply to or cover the placement or use of cookies by any of our partners, our affiliates, or other third parties, and we are not responsible for their privacy policies and practices.  You should carefully review the privacy policies and practices of such partners, affiliates, and third parties when using their products and services.  To learn more about cookies you can visit http://www.allaboutcookies.org, which includes helpful information on cookies and how to disable them on different types of browsers and devices.

Web Beacons

Our Website and some third-party sites and HTML-formatted emails use web beacons alone or in conjunction with cookies to compile information about your website usage and your interaction with email. A web beacon is an electronic image, called a single-pixel (1x1) or clear GIF. Web beacons can recognize certain types of information on your computer such as cookies, the time and date of a page viewed, and a description of the page where the Web beacon is placed.  You may be able to disable web beacons in email messages by not downloading images contained in the message you receive (this feature varies depending on the email software used on your personal computer). However, doing this may not always disable a web beacon or other automatic data collection tools in the email message due to specific email software capabilities. For more information about this, please refer to the information provided by your email software or service provider. If you choose to receive marketing emails or newsletters from Carbon38, we may automatically collect personal information about you. For example, through web beacons and personalized URLs embedded in these emails or newsletters, Carbon38 can track whether you’ve opened those messages and whether you’ve clicked on links contained within those messages.

Information from Third Parties

Third parties may provide us with PII they have collected about you from you or from further online and offline sources. We are not liable for any processing of your PII by such third parties prior to, during or after them providing it to us. We may combine such PII with the PII we already have about you to provide you with a better experience, evaluate your interest in our products or improve the quality of our products and services.

Information from Children

You must be 18 years or older to use our Services.  Our Services are not directed to, nor intended for use by, children under 16 and we do not knowingly collect PII from children under 16.  If we learn that we have inadvertently come into possession of PII relating to a child under 16, we will take steps to delete such information from our files and systems as soon as possible.

 

3.      How We Use and Retain Your Information

 

We use the information about you that you provide (and that we collect from you or your device) for a number of purposes, including the following:

 

·       Account setup, administration and management

·       Identity verification

·       Compliance with applicable laws and regulations

·       Providing, pricing, and improving the Services

·       Developing and pricing new products and services

·       Communicating with you by phone and email about the Services (including communicating with you about marketing and promotions from Carbon38, our affiliates, and our partners)

o   To learn more about how we use your phone number to communicate with you, please click here.

o   To learn more about you can opt out of marketing and promotional communications from us, please click here.

·       Analytics

·       Fraud prevention

·       Spam and malware protection

·       Enforcing our Terms and Conditions and other applicable agreements and/or policies

·       Any other purpose disclosed to you or to which you consent

We retain your information (even after you close any accounts with us) only for as long as is reasonably necessary to provide you with the Services, for the purposes listed above, or to comply with applicable law.

 

4.      How We Share Your Information With Third Parties

 

We will not share any information that we have collected from you, except as described below:

Information Shared with Our Service Providers 

We may share information about you (including your PII) with third-party service providers in order to provide, maintain, and improve our Services. These third-party service providers have access to your PII solely for the purpose of performing certain services on our behalf and they are expressly prohibited from using your PII for any other purpose. For example, we may use a payment processing company to receive and process your credit card transactions with us or we may partner with an ad agency to run advertising campaigns, promotions, special offers, or contests on our behalf. The foregoing excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Aggregated and/or Anonymized Information Shared with Third Parties 

We may share aggregated and anonymized, or de-identified information with third parties for any lawful purpose.

Information Shared with our Affiliates

We may share information about you (including your PII) with our affiliates for any of the purposes outlined in this Privacy Policy, including for the purpose of providing, maintaining, pricing, protecting, and improving our and such affiliates’ products and services (including in respect of our and such affiliates’ development of new products and services), and marketing such products and services. Our affiliates may contact you regarding such services and offerings. You may opt-out of any marketing communications from our affiliates by contacting us at customercare@carbon38.com or at the contact information listed belowWe share personal information with third party marketing partners for commercial purposes.

Information We Share with Your Consent

We will share your information (including your PII) whenever you direct us to do so.  For example, if you authorize (or direct us to authorize) a third-party application or service to access your information, we may share your PII with such application or service.

This Privacy Policy does not apply to, and we are not responsible for, the privacy policies and practices of third parties with whom we share your information. To understand how these third parties protect and use your information, we encourage you to review their privacy policies. 

Telephone Calls and Text Messages

By providing us your phone number, you are consenting to us, our affiliates, or our partners contacting you via autodialed or prerecorded calls/messages and/or text messages. We may contact you at any telephone number you have provided us, including phone numbers you have made publicly available through your account, for the following purposes: 

·       Account notifications and troubleshooting; 

·       Dispute resolution and debt collection; or

·       As necessary to service your account or enforce our Terms and Conditions and policies, applicable law, or any other agreement we may have with you. 

We may also contact you using autodialed or prerecorded calls/messages and/or text messages for marketing purposes (e.g., offers and promotions) if you explicitly consent to such communications, even if your number is on any national or state Do Not Call registry; your consent to receive such calls/messages is not a condition of purchasing any of our Services or using our Website.  We may collect other telephone numbers for you and may place manual, non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you can contact us at customercare@carbon38.com or at the contact information listed below.

In no event will any personal information collected through the short code used by our SMS messaging service be shared with any third party.

Guest Profiles, Submissions, and Messages

Your Guest account and/or profile information may contain your name, location, email address, phone number, and/or other information associated with your account and profile (“Guest Profile Information”). This Guest Profile Information may be displayed to other Guests with whom you connect or who use the Services. Your name and Guest Profile Information may also be displayed to others when you send messages through the Services. We do not control the privacy policies and practices of any of our Guests or any other third-party sites or services.

Information Disclosed in Connection with Certain Business Transactions and Corporate Changes 

Information that we collect from our Guests, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII and other data may be disclosed or transferred to a third party in connection with such transaction.

Information Disclosed for Our Protection and the Protection of Others 

It is our policy to cooperate with government and law enforcement officials and private parties when we believe it is reasonably necessary to do so. Accordingly, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary: (i) to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect our property, rights and safety and the rights, property and safety of our Guests, third parties or the public in general; and (iii) to prevent or stop activity we consider to be illegal or unethical.

Information Shared with Third Parties for Advertising

We may participate in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on your online browsing history and your interests. We permit third-party online advertising networks, social media companies (such as Facebook and Instagram), and other third-party services to collect information about your use of our Website over time so that they may play or display ads on our Website, on other websites, apps, or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies. We may share a common account identifier (such as an email address or user ID) or hashed data with our third-party advertising partners to help identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.

To learn more about interest-based advertising and how you can opt out of such advertising, please visit the Network Advertising Initiative's online resources at http://www.networkadvertising.org/choices, and/or the DAA's resources at https://www.aboutads.info/choices, and/or the TradeDesk’s resources at https://www.adsrvr.org. You may also be able to set your browser to automatically delete or notify you of cookies by actively managing the settings on your browser or mobile device.

Please note that some advertising opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers or delete the opt-out cookies, you may need to perform the opt-out task again.

You may also be able to limit certain interest-based mobile advertising through the settings on your mobile device by selecting "limit ad tracking" (iOS) or "opt-out of interest-based ads" (Android).

Information Shared with Third Parties for Analytics

We may collect analytics data, or use third-party analytics tools such as Google Analytics, to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our Service and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google's site "How Google uses data when you use our partners' sites or apps" located at https://policies.google.com/privacy/partners. You can learn about Google Analytics' currently available opt-outs, including the Google Analytics Browser Add-On at https://tools.google.com/dlpage/gaoptout.

We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the Doubleclick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Service. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by vising NAI's online resources at https://www.networkadvertising.org/choices.

5.      How We Protect Your Information

 

When You Use the Services

We take reasonable measures to protect the information that we collect from you (including your PII) from unauthorized access, misuse, alteration, destruction, and exfiltration. Please note that, despite our best efforts, no security measures are perfect or impenetrable. We will retain your personal information for the length of time needed to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

When You Click Links to and Use Third-Party Sites & Services

Carbon38 links to and provides you with opportunities to connect with third-party-provided services, products, websites, or applications (each a “Non-Carbon38 Product”).  If you choose to use any Non-Carbon38 Product, any information that you provide on or to a Non-Carbon38 Product is provided directly to the owner of the related website or service and is subject to that third party's privacy policy. Our Privacy Policy does not apply to Non-Carbon38 Products and we are not responsible for the content, privacy or security practices and policies of those Non-Carbon38 Products. To protect your information we recommend that you carefully review the privacy policies of Non-Carbon38 Products that you access.

6.      Your Choices and Rights Regarding Your Information

 

Modifying Your Information

You can access and modify the PII associated with your account by changing your "account settings" on the Website. If you want us to delete your PII and your account, please contact us at customercare@carbon38.com with your request. We'll take steps to delete your information as soon as reasonably practicable, but some of your information may remain in archived/backup copies for our records or as otherwise required by law. You may request that we not share your personal information with third parties for direct marketing purposes or that we delete your personal information from our database by contacting us at: customercare@carbon38.com.

Marketing and Promotional Communications

You can opt out of receiving marketing and/or promotional communications from us by following the instructions contained in those communications, emailing us at customercare@carbon38.com, or by reaching out to us at the contact information listed below.  Please note that even if you decide to opt out of marketing and promotional communications, we may still contact you in order to communicate with you about your account and/or use of the Services.

Do Not Track Signals

Although we do our best to honor the privacy preferences of our Guests, we are unable to respond to Do Not Track signals set by your browser at this time.

Non-Discrimination / Right to Equal Service and Price

Carbon38 does not discriminate against Guests who choose to exercise their rights under any applicable US data privacy law; Guests may generally exercise such rights at no charge to the Guest.

How to Send Us a Request

In order to submit a request to exercise one or more of the foregoing rights, please contact us using the information provided in the Contact Us section below or by visiting https://carbon-38.myshopify.com/pages/ccpa-compliance.

Guests in the State of California only: If you live in California, you also have certain rights under the California Consumer Privacy Act of 2018 (“CCPA”) to request certain information from certain businesses that collect that information from and about you. Below are the CCPA rights that you may be able to exercise:

·       The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this Privacy Policy. 

·       The right of access. You have the right to obtain access to the categories and specific pieces of personal information we have collected about you, the business or commercial purpose for collecting your personal information, the categories of personal information that we disclosed for a business purpose, any categories of personal information that we sold about you, the categories of third parties with whom we have shared your personal information, and the business or commercial purpose for selling your personal information, if applicable. This is so you’re aware and can check that we’re using your information in accordance with data protection law.

·       The right to delete. This enables you to request the deletion or removal of your information where there is no compelling reason for us to keep using it. This is not a general right to delete; there are exceptions.

·       The right to withdraw consent. If you have given your consent to anything we do with your personal data, such as receiving direct marketing, you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal data with your consent up to that point is unlawful). You can withdraw your consent to the processing of your personal information at any time.

·       Do Not Sell My Personal Information. You have the right to request that we do not sell your personal data to third parties.  In order to opt out of the sale of personal data to third parties, please contact us by emailing dataprivacy@carbon38.com, by using the information provided in the Contact Us section below, or by visiting https://carbon-38.myshopify.com/pages/ccpa-compliance

We may charge a reasonable fee to cover our administrative costs of providing the information for baseless or excessive/repeated requests, or further copies of the same information. Alternatively, we may be entitled to refuse to act on the request.  Please consider your request before submitting it. We will respond as soon as we can - generally within thirty (30) days from when we receive your request.  To send us a request please visit https://carbon-38.myshopify.com/pages/ccpa-compliance or email us at dataprivacy@carbon38.com.

Additional California Privacy Rights

If you reside in California you may request certain details about our disclosure of your personal information to third parties for direct marketing purposes during the preceding year.  If you are a California resident and would like to make a request for this information, please reach out to us at the contact information listed below or visit https://carbon-38.myshopify.com/pages/ccpa-compliance.  

 

7.      International Transfers of Your Information

 

In order to provide the Services, including for transaction processing and fraud prevention purposes, your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you're located outside the United States and choose to provide your PII to us, we may transfer your PII to the United States, or other countries where we or our service providers operate. Your consent to this Privacy Policy followed by your submission of any PII represents your agreement to that transfer and processing.

 

8.      Changes to this Privacy Policy

 

We constantly strive to improve our Services and provide our Guests with more features and the best possible experience. Any information that we collect from you is subject to this Privacy Policy as in effect at the time such information is collected. We may, however, modify and revise this Privacy Policy from time to time. If we make any material changes to this Privacy Policy, we will notify you of such changes by posting them on the Website or by sending you an email or other notification, and we'll also indicate when such changes will become effective. If you continue to use the Services after any changes to the Privacy Policy have been posted and become effective, that means you agree to all of the changes.

9.      Contact Us

Please don’t hesitate to contact us toll-free at (888) 505-0897 or by email at customercare@carbon38.com or by mail at 10000 West Washington Blvd, Suite 100, Culver City, CA 90232 if you have any questions about our Privacy Policy or to exercise your rights hereunder.

 

Additional Disclosures under the California Consumer Privacy Act of 2018:

 

Personal Information

Source(s) of Collection

Business Purpose for Collection

Shared with Third Parties

Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, or other similar identifiers.

 

·  Guest

 

·  Performance of Services

·  Activities to maintain quality of Services

·  Security and Fraud Prevention

 

·  Cloud Storage Providers

·  Payment Processors

·  Marketing and Advertising Agencies

·  Other third parties only with your consent

Characteristics of protected classifications under California or federal law.

 

We do not collect or share this information.

We do not collect or share this information.

We do not collect or share this information.

Commercial information, including records products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

 

·  Guest

 

·  Performance of Services

·  Activities to maintain quality of Services

·  Auditing

·  Cloud Storage Providers

·  Other third parties only with your consent

Biometric information.

 

We do not collect or share this information.

We do not collect or share this information.

We do not collect or share this information.

Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a Guest’s interaction with an Internet Web site, application, or advertisement.

 

·  Guest

·  Performance of Services

·  Activities to maintain quality of Services

·  Security and Fraud Prevention

·  Auditing

·  R&D

·  Marketing and Advertising Agencies

·  Other third parties only with your consent

Professional or employment-related information.

 

We do not collect or share this information.

We do not collect or share this information.

We do not collect or share this information.

Education information

 

We do not collect or share this information.

We do not collect or share this information.

We do not collect or share this information.

Inferences drawn from any of the information identified in this table to create a profile about a Guest reflecting such Guest’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

 

·  Guest

 

·  Performance of Services

·  Activities to maintain quality of Services

·  Security and Fraud Prevention

·  Auditing

·  R&D

·  Cloud Storage Providers

·  Other third parties only with your consent