Privacy Policy

Last updated: May 3, 2024.

Contents

  1. Introduction
    (a) Your Privacy
    (b) Your Consent
    (c) Terms of Use
  2. What Information We Collect
    (a) Information Collected Via Technology (Passive)
       (i) Passive Information Transfer
       (ii) Use of Cookies
       (iii) Definitions
    (b) Information You Provide to Us (Active)
       (i) Personal Information
       (ii) What Personal Information Do We Collect, and When?
  3. How We May Use Information We Obtain From You
    (a) Information That Does Not Identify You (Non-Personal Information)
    (b) Information That Identifies You (Personal Information)
       (i) How We Do Not Use It
       (ii) How We Use It
  4. How We Protect Information We Obtain From You
    (a) By Contract
    (b) By Technology
    (c) By Notifying You
       (i) Data Breach
       (ii) Subpoena or Other Legal Process
       (d) By Allowing You to Choose
  5. Limitations of Protection; Disclaimer
  6. California Privacy Rights
  7. Contact Us

 

     1. Introduction. Purple Brand is a brand featuring clothing and accessories. Purple Brand America Inc ("Purple ", "we", or "our") owns, develops, maintains, and operates the website located via the Internet at (the “Site”).

    (a) Your Privacy. Your privacy, and the privacy of the information you share with us, is important to us. Accordingly, we have established and implemented information handling practices for the Site that we believe are consistent with the highest standards and best practices of organizations doing business on the Internet. This Privacy Policy describes the practices that apply to information, including the information we collect about you, when and how we collect that information and what may happen to that information. We have prepared this detailed Privacy Policy because we believe you should know as much as possible about our practices so that you can make informed decisions about using the Site.

    (b) Your Consent. By visiting the Site, you agree to the terms of this Privacy Policy as it may be amended from time to time. Please read it and email any questions you may have to us at the contact information at the bottom of this document. We reserve the right to change the terms, conditions and notices in this Privacy Policy at any time and for any reason. The date of the most recent version of the Privacy Policy is at the top of this document. Each time you visit the Site, you agree anew to the Privacy Policy terms then in effect.

    (c) Terms of Use. This Privacy Policy is part of our Terms of Use, which is our agreement with you that covers your use of the Site. Capitalized terms not defined in this Privacy Policy have the meanings assigned to them in our Terms of Use.

     

     2. What Information We Collect

    (a) Information Collected Via Technology. You can always visit the Site without revealing who you are or providing any information that identifies you. However, we want you to be aware of certain transfers of information that may occur between us when you visit, even if you do not intentionally provide us with information.

    (i) Passive Information Transfer. Specifically, as you navigate our Site, we may collect certain information, including your IP Address, browser type, domain names, access times, operating system, mouse clicks, mouse movements and scrolling activity. Please note that all such information is anonymous and is not linked to you as an individual.

    (ii) Use of Cookies. When you visit us, information does not flow only in one direction. We use Cookies and navigational data, such as Uniform Resource Locators (URLs), to gather information regarding the date and time of your visit, any searches you may have made, and any results you may have obtained from your searches. Additionally, we may use cookies and similar technologies to gather information about the success of our ad campaigns and the use of our products and services.

    The website uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

    The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

    We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Site. You can remove persistent Cookies from your computer by following the instructions provided in the Help section of your Internet browser. You may also choose to “disable” Cookies from your computer and mobile device, which means that they will not accept Cookies from the Site. However, if you choose to disable Cookies, the quality of your User experience may decrease.

     

     

    (iii) Definitions.

    (A) An “IP Address” or “Internet protocol address” is a number that is automatically assigned to your computer when you use the Internet. In some cases, your IP Address may stay the same from browser session to browser session. However, if you use a consumer internet access provider, your IP Address probably varies from session to session. We track IP Addresses solely in conjunction with session cookies to analyze our web page flow.

    (B) “Cookies” are small pieces of computer code that our system deposits on your computer when you browse our Site. This code collects data that helps our system recognize you when you return to the Site, and helps you enjoy a better experience when returning to websites.

    (b) Information You Provide to Us (Active). While you can always visit the Site without revealing who you are or providing any information that identifies you, if you wish to purchase our products via the Site, you will be required to provide us with certain information that is personal to you and by which we can identify you.

    (i) Personal Information. For example, if you purchase goods through our Site, you will be required to provide us with certain information, such as your name, address, email address, and other contact information, as well as certain financial information, such as your credit card information. In this Privacy Policy, we use the term “Personal Information” to refer to your personal and financial information and any combination of either that could be used to identify you.

    (ii) What Personal Information Do We Collect, and When? We will collect your Personal Information, as follows:

    (A) When you order products or services on the Site, we will collect information necessary to process your transaction, such as your name, credit card information, billing information and shipping information.

    (B) When you contact us with comments, questions or feedback, we will collect your name, email address and your comment, question or feedback.

    (C) When you participate in one of the surveys we may periodically conduct, we may collect additional profile information. Your participation in our surveys is always voluntary. 

    3. How We May Use Information We Obtain From You

    (a) Information That Does Not Identify You (Non-Personal Information). There are two types of information that we receive or create that does not identify you, and, therefore, is not Personal Information:

    (i) Passive information, mentioned above, that we collect by virtue of the fact that you have visited the Site, and

    (ii) Personal Information that we have stripped of its identifying characteristics (for example, your name and exact address). Often, this data is aggregated with data from our other Users.

    We call this information “Non-Personal Information” and, because it does not identify you, we may use it without restriction for many reasons. For example, it can help us better understand how the Site is navigated, how many visitors arrive at specific pages, the length and frequency of stays on the Site, our Users’ request and usage patterns, the types of browsers and computer operating systems used by our visitors and the IP Addresses from which our visitors connect to the Site. In short, we will use this information to help us understand when, how and why people use the Site so that we can improve our Users’ experience. Lastly, we may also disclose Non-Personal Information to third parties to aide in marketing our products and services or for any other reason.

    Notice: Even Non-Personal Information can be revealing. For example, we may engage one or more web analytics companies that may use Non-Personal Information about your visits to provide analyses of how our Site is used. Although we do not authorize these third parties to collect your Personal Information from our Site, they may discover your identity by associating data collected about your use of our Site with other information they have collected about you from other websites.

    (b) Information That Identifies You (Personal Information). In contrast, Personal Information, by definition, can identify you and, accordingly, we restrict our use of it.

    (i) How We Do Not Use It. Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent, or share your Personal Information with third parties and we will not disclose financial information that is part of your Personal Information unless you ask us to do so. The exceptions are listed in (ii) below.

    (ii) How We Use It. Generally, we will use your Personal Information only as you ask us to use it – for example, to fulfill your product order, to respond to your comments or requests, or to aid us in serving you better, such as by improving the Content or ease of use of our Site. Here are some examples:

    (A) We use your Personal Information to identify you because, as our customer, we need to know who you are and how to find you to complete your orders through our Site, and for our business-related purposes, such as accounting and financial reporting.

    (B) We may also analyze the data you provide us and your behavior on our Site to ensure that the activity being performed in your name is not fraudulent.

    (C) As noted above, we may strip your Personal Information of identifying characteristics and we can aggregate it with that of our other Users.

    (D) We use third party service providers in connection with the Site. These may include computer programmers and technicians, systems analysts and other IT professionals, and credit card processing companies, among others. These providers may collect Personal Information from us or directly from you, depending on the services they are providing. You will not necessarily know in each instance when a third party is collecting this information. You expressly consent to the sharing of your Personal Information with our contractors and third party service providers for the sole purpose of providing products and services to you.

    (E) We may share some or all of your Personal Information with our related companies, such as a parent company, subsidiary or affiliated company (collectively, “Affiliates”). In such case, we will require our Affiliates to honor this Privacy Policy. If we or our assets are acquired by another company, that company will possess your Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

    (F) We may disclose your Personal Information to third parties if we believe in good faith that such disclosure is necessary: (I) to comply with applicable laws, such as court orders, subpoenas or warrants served on us; and (II) to protect and defend our rights and property and those of our Users. 

    4. How We Protect Personal Information. [Please confirm that all of the following it true. The main thing is that you need to be truthful. The worst thing is to say that you will protect data in a particular way and then a court finds out you did not, in fact, protect the data as you said.]

    (a) By Contract. As noted above, we engage service providers to help us provide goods and services to you, and we notified you that they will receive Personal Information from us or may collect it directly from you. When we contract with these providers, we will be sure that they are obligated to protect your Personal Information no less rigorously than we are required to protect it under this Privacy Policy.

    (b) By Technology. We are committed to protecting the security of your Personal Information. To that end, we have implemented industry-standard electronic means to protect your Personal Information from unauthorized access, use or disclosure, as follows:

    (i) We store Personal Information behind a firewall, which is a barrier designed to prevent outsiders from accessing our servers over the Internet. 

    (ii) We have implemented technology that detects intrusions and alerts us to intrusions and attempted intrusions so that we can minimize any damage from hacking.

    (iii) We generate security incident logs that track information useful in screening for attempted abuse of or unauthorized access to your Personal Information.

    (iv) We protect your Personal Information from unauthorized physical access by storing your Personal Information in a controlled facility and limiting access to Personal Information in electronic databases to those persons (including employees and contractors) who have a business need for such access.

    (v) We conduct periodic internal audits and vulnerability scans to ensure compliance with our security measures

     (c) By Notifying You.

    (i) Data Breach. If we learn of a data breach and your Personal Information is no longer secure, we will promptly post an alert on our Site and update it as we learn new information. We know that our business is connected to the security of your Personal Information. Please understand that we will do all that we can do within reason to secure your information and to limit any potential damage from a security failure.

    (ii) Subpoena or Other Legal Process. To the extent permitted by applicable law, we will inform you of governmental requests for any of your Personal Information.

    (d) By Allowing You to Choose. We offer you choices regarding the collection, use and sharing of your Personal Information. For the most part, you will receive promotional communications from us only when you have “opted in” – that is, you have requested to receive certain information from us. Once you have opted in, you will also have multiple opportunities to “opt out” by following the “unsubscribe” instructions provided in each communication you receive from us or by contacting us directly at info@purple-brand.com and requesting that you be removed from any or all mailing lists.

    5. Limitations of Protection; Disclaimer. Even though we have taken significant steps to ensure that your Personal Information is not intercepted by, accessed by, used by, or disclosed to unauthorized persons, you understand and acknowledge that we cannot fully eliminate security risks associated with Personal Information. Here are some reasons why:

      (a) Our services are accessible over the Internet. We have no control over information that flows to us from you or to you from us.

      (b) Limited Control. There are thieves and disruptors, some of whom are hackers, who spend their working lives trying to obtain Personal Information, including defeating any barriers in their way.

      (c) Our Site Is International. Because our Site is accessible in a number of countries around the world, your Personal Information may be processed in, and will probably pass through, territories other than where you are situated. The laws governing data privacy are not the same in all territories. Because privacy laws vary from country to country, some laws are more restrictive, and thus protect you better, than others.

      (d) No Guarantees. While we will do our best to treat and maintain your Personal Information as described in this Privacy Policy:

      (i) We do not guarantee that third parties, such as hackers or government agencies, will not access your Personal Information while it is in our possession in ways that we cannot control;

      (ii) We take no responsibility for what happens to your Personal Information when it is outside of our control; and

      (iii) In no event will we be liable for any loss you may suffer due to misuse of your Personal Information if such misuse results from actions taken by one or more third parties.

      (e) No Endorsement; Third Party Privacy Policies. For your convenience or for our advertising purposes, we may provide links to other websites. This does not signify our endorsement of any other websites or the products or services they may provide. If you visit these websites, you will do so solely at your own risk. We have no control over, do not review, and cannot be responsible for third party websites. Please be aware that the terms of our Privacy Policy do not apply to third-party websites.

       

      6. California Privacy Rights. Pursuant to California Civil Code § 1798.83, a California resident who has provided personal information to a business with which he or she has established a business relationship has the right to request from that business information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, the business is required to provide a list of all third parties to whom such personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed, upon receipt of a request by a California resident. However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right. As noted above, we do not disclose such personal information to third parties for direct marketing purposes unless you affirmatively agree to such disclosure.

        7. Contact Us. Should you have any questions or concerns regarding this Privacy Policy, please contact us at:

        Purple Brand America Inc.
        Attention: Privacy Chief
        495 Broadway Fl 4
        New York, NY 10012

        Email: info@purple-brand.com