Effective: August 31, 2023
- INFORMATION WE COLLECT.
We collect Personal Information that You provide directly to Us, including, without limitation, any Personal Information You provide during Your use of the Company Website or any other Company Program. For example, We may collect Personal Information from You if You:
- Provide Us with any data about You through the Company Website or any other Company Program, or via telephone;
- Create an account (including a user name and/or password) with Us;
- Seek, purchase, procure, or otherwise request from the Company any goods, products, or services, including, but not limited to shoes, footwear, socks, insoles, other foot-related products, bags, hats, and accessories (collectively the “products/services”);
- Seek any information about Your purchase, exchange, or return of any of the Company’s products/services.
- Request any customer support;
- Request any exchange or return of any of the Company’s products/services;
- Request, subscribe to, or otherwise choose to receive any information from or about the Company, such as signing up for and receiving any newsletter, e-alert, blogs, or any other information about the Company, Our products/services, events, and/or business partners (collectively referred to as “Newsletters/Blogs”);
- Choose to participate in any of the Company’s contests, loyalty programs, promotions, or sweepstakes (collectively referred to as “Contests/Sweepstakes”);
- Choose to participate in any of the Company’s customer surveys, customer forums or other information gathering activities or events with Our Customers (collectively referred to as “Customer Surveys”);
- Seek to schedule any of Your appointments or meetings with the Company;
- Choose to participate in or otherwise communicate with the Company via any social media activities, offerings, or features which may be made available through Your use of any of the Company’s Programs;
- Fill out any other information through any Company Program;
- Communicate with any other representatives of Our Company; or
- Otherwise communicate with Us in any other way.
In these instances, the following are the types of Personal Information that may be collected from You:
- Your name;
- Mailing address and/or billing address and/or shipping address;
- E-mail address;
- Phone (or mobile) number;
- Date of birth and/or Age;
- Driver’s License;
- Account name and/or account password;
- Credit or debit card number, expiration date, security code, and/or other information about the same (if You make a payment either directly to Us or by using a third party payment provider that handles payments and will receive Your payment card information);
- Information about Your bank or checking account (if You make a payment through Your bank transfer);
- Gift card information or related gift information;
- Other information You may provide when You seek, purchase, or otherwise request any of the Company’s products/services, such as the products/services that are purchased, Your product/service parameters or preferences, Your customer comments about the products/services that are purchased, the date of any such purchase of product/services, and/or the invoice information related to any such purchase of products/services;
- Information You provide or otherwise used in the return or exchange of any products/services, such as information about the transaction, products/services details, purchase price, and the date and location/media of the transaction;
- If You choose to subscribe, receive, or otherwise participate in any Newsletters/Blogs (as defined above in this Section 1.1), We may collect from You, in addition to the above described Personal Information, additional information from and/or about You, such as additional demographic information or other information You may provide as part of Your participation in any such Newsletter/Blogs.
- If You choose to participate in any Contest/Sweepstakes (as defined above in this Section 1.1), We may collect from You, in addition to the above described Personal Information, additional information from and/or about You, such as additional information necessary to determine if You are eligible to participate in Contest/Sweepstakes or to otherwise facilitate the Contest/Sweepstakes.
- If You choose to participate in any Customer Surveys (as defined above in this Section 1.1), We may collect from You, in addition to the above described Personal Information, additional information from and/or about You, such Your purchase history, habits, and/or preferences or other information You may provide as part of Your response or feedback to the Customer Surveys.
1.2 INFORMATION AUTOMATICALLY COLLECTED.
When a User accesses or otherwise uses the Company Website or any other Company Program, We may automatically collect certain Personal Information about You, including:
- Device Information. We (or Our Service Providers/Contractors as defined below) may collect information about the computer, tablet, phone, or other device You use to access any of the Company Programs, including the Internet Protocol address, hardware models, operating system and version, mobile network information, and other unique device identifiers.
- Geo-location Data. Subject to any of Your device permissions, We (or Our Service Providers/Contractors as defined below) may be able to collect information about the precise location of Your device or may gather other general location data based on GPS data, mailing address, and/or billing address (hereinafter collectively referred to as “Geo-location Data”).
Social Media Information. If any social media activities, offerings, or features, such as the Facebook “Like” button or similar social media interactive programs (collectively, “Social Media Activities”), are made available to You through any of the Company’s Programs, and in addition to the collection of other Personal Information noted above, the following may apply:
- We may obtain and collect certain information from Your social media account consistent with Your settings within the social media service, such as location, check-ins, activities, interests, photos, status updates, and friends list. We may also allow You to enter into contests to provide photos, such as of products/services You have purchased, which You may share with Your connections on social media for votes, shared offers, or other promotions.
- A third party that is hosting the Social Media Activities may also collect Your Internet Protocol address, which page You are visiting on Our Company Program, Your Geo-location Data, and other Personal Information about You, and may also set a cookie to enable the feature to function properly.
- These Social Media Activities may be hosted by a third party or hosted directly on Our Company Program. Thus, Your interactions with these Social Media Activities may be governed by the privacy policies of the third party that is hosting the Social Media Activities (see Section 8 regarding Third Party Sites).
- From Our Service Providers/Contractors. From Our Service Providers/Contractors, as such term is defined in Section 3 herein, including, without limitation, from Our Data Analytics Providers or from Our Third Party Application Providers, as such terms are defined in Section 3 herein.
- From Our Advertising Network. From Our Advertising Network, as such term is defined in Section 3 herein.
- Security. Our stores may use security cameras to monitor the activity of Our customers and staff. The information We collect includes video recordings. Audio is not recorded. The camera images are not monitored in real time. The recordings are viewed only if there is a reason to believe that there has been a breach of security. We use this information to detect security incidents and to report to law enforcement agencies.
- Individuals Representing Businesses. We may collect Personal Information in the context of Your role as a representative of a business. The Personal Information We collect in these cases may include Your name, address, email address, telephone, date of birth, gender, Social Security number, and personal financial information. We use this information for communicating with You in Your role as a representative of a business or if You are an owner of a business to evaluate Your creditworthiness. The Personal Information described in this paragraph is the “Biz Rep Data”.
- Other Sources From Which We Collect Personal Information. We may collect Personal Information about You from a number of sources in addition to those means of collection indicated above, including offline or through sources unrelated to Your use of Our Company Website or other Company Programs, or at Our stores. For example, We may collect Personal Information from publicly accessible sources (e.g., property records); directly from a third party, (e.g., credit reporting agencies or customer due diligence providers); or from a third party with Your consent (e.g., Your bank). We may merge or co-mingle that Personal Information with the Personal Information We maintain about You and other data collected on or through Our Company Website. Categories of sources from which We may collect Personal Information include: advertising networks; internet service providers; data analytics providers; government entities; operating systems and platforms; and social networks.
- HOW WE USE YOUR INFORMATION.
- Process Your transactions with the Company, including, without limitation: (i) fulfilling Your orders (including shipping if applicable), process exchanges and/or returns and send shipping notifications; (ii) scheduling any of Your appointments or meetings with the Company;
- Send support and administrative messages, and respond to Your comments, questions, and customer service requests;
- Communicate with You via email or through other means of communication about products/services, offers, or any other events offered by Us and others, and/or to offer and provide You with news and information that the Company thinks will be of interest to You. If You prefer not to receive promotional communications from Us, You may opt-out at any time by following the “Communication Opt Out” instructions in Section 5.1 herein;
- We may send You SMS text messages or otherwise communicate with You about the Company Website, the Company’s products and services, other offers and events, or other updates or promotional information. If You prefer not to receive promotional communications from Us, you may “Opt Out” at any time by following the “Opt Out” instructions in Section 5.6 herein or reply "STOP" to any text message You may receive.
- Allowing You to sign up and participate in any other Company communication resources, including, without limitation, any Newsletters/Blogs, as defined in Section 1.1 herein. If You prefer not to continue to receive these other Company communications, You may “Opt Out” at any time by following the “Opt Out” instructions in Section 5.1 herein;
- To allow Us to monitor, analyze, and better understand the needs, preferences, and trends of the Company’s customers, You, and/or any other Users, including to monitor, analyze, and better understand trends, preferences, usage, and activities in connection with the Company’s products/services and the Company’s overall industry;
- To personalize Your experience and the advertisements and content You see when You use any Company Program based on Your preferences, interests, usage, and browsing and purchasing behavior;
- To conduct credit card screenings or to otherwise protect against fraud or unauthorized transactions, including by identifying potential unauthorized users or hackers;
- For compliance purposes as may be required by applicable laws or regulations or as requested by any judicial process or governmental agency (including, without limitation, for Company’s tax reporting) or as may be requested under any subpoena or by any other Government Entities (as defined in Section 2.2 herein);
- To facilitate Your use of or participation in various Social Media Activities (as defined in Section 1.2 herein) or other integrated tools (including, for example only, certain Facebook features, such as a Facebook “Like” button) which You may use as part of any Social Media Activities;
- To facilitate any Contests/Sweepstakes (as defined in Section 1.1 herein);
- To carry out any Customer Surveys (as defined in Section 1.1 herein);
- To carry out any other purpose described to You at the time the Personal Information is collected.
- Outside Professionals. To use with, or otherwise distribute, share, or disclose to, any of the Company’s professional advisors such as attorneys, accountants, financial advisors, investment plan administrators, or insurance providers (collectively, “Outside Professionals”) in order to facilitate the professional advice from those Outside Professionals (See Section 3); or
- Government Entities. To use with, or otherwise distribute, share, or disclose to, any court, tax authorities, law enforcement authorities, other administrative agencies, other governmental agencies, or any other government entities (collectively, “Government Entities”) in order to comply with, or otherwise pursuant to, any subpoena, court order, or other governmental order, law, or regulation, or in order to respond to any request of any Government Entities, including, without limitation, tax reporting (See Section 3).
- . Auditing related to a current interaction with You, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
- . Helping to ensure security and integrity to the extent the use of Your Personal Information is reasonably necessary and proportionate for these purposes;
- . Debugging to identify and repair errors that impair existing intended functionality;
· Transient Use
- . Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of a consumer’s current interaction with Us provided that Your Personal Information is not disclosed to a third party and is not used to build a profile about You or otherwise alter Your experience outside the current interaction with Us;
- . Performing services on Our behalf, 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 Our behalf;
- . Providing advertising and marketing services to You.
- . Undertaking internal research for technological development and demonstration;
· Quality and Safety
- . Undertaking activities to verify or maintain the quality or safety of Our products and services and to improve, upgrade, or enhance Our products and services; and
· Commercial Interests
- . Advancing Our commercial or economic interests, such as by inducing a 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.
2.3.1 The Company may also use or share Your Personal Information only for the purposes as described in this Section 2 and in Section 3 herein, unless We reasonably determine We need to use it for another reason and that reason is compatible with the original purpose(s) described herein. For example, We consider de-identification, aggregation, and other forms of anonymization of Personal Information to be compatible with the purposes listed herein and in Your interest because the anonymization of such information reduces the likelihood of improper disclosure of that information. If We need to use Your Personal Information for an unrelated purpose, We will notify You and We will explain the legal basis which allows Us to do so. If You wish to receive an explanation as to how the processing for a particular purpose is compatible with the original purpose, please contact Us via the information specified in the Contact section below.
- SHARING OF INFORMATION
We may distribute, share, or disclose Personal Information about You as follows or as otherwise described herein:
- Affiliates and Subsidiaries. We may share or disclose Your Personal Information with affiliates or subsidiaries for any of the purposes described herein (collectively, “Affiliates”).
- New Balance. We are a licensee of New Balance Athletics, Inc. (“New Balance”), and as such, we may share or disclose your Personal Information with New Balance in order to fulfill your order or other business or commercial purposes of the Company.
Service Providers/Contractors. We may share or disclose Your Personal Information with Our service providers or third-party vendors, or contractors that We engage or retain in connection with the provision of the Company Programs or otherwise to help Us carry out and fulfill a business or commercial purpose for the Company, including, without limitation, the following types of service providers or contractors (all of the above are hereinafter collectively referred to as ”Service Providers/Contractors”):
- Email, internet, or other telecommunication Service Providers/Contractors;
- Cloud, other data storage, website hosting, or other hosting Service Providers/Contractors;
- Third party payment Service Providers/Contractors, including without limitation third party credit card processors (see Third Party Application Providers below in this Section 3);
- Data analytics companies who assist Us with various types of data analytics, web analytics, and app analytics (see Data Analytics Providers and Data Analytics Tools or Services below in this Section 3);
- Third party delivery or shipping Service Providers/Contractors;
- Third party app or software designers;
- Database management; and
- Third party advertising or marketing companies that We engage (see Advertising Networks below in this Section 3).
- Other third party contractors or service providers We engage to assist Us in providing Our products/services;
- Third Party Application Providers. If a third party application is used to support Our Company Programs, We may share or disclose Your Personal Information to such third party application providers, including, without limitation, third party credit card processors, other third party payment service providers, or intermediary services that assist in processing Your payments to a service provider (collectively ”Third Party Application Providers“).
- Aggregated Form. We may make certain automatically-collected, aggregated, or otherwise de-identified Personal Information available to third parties for various other purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding Our Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Company Programs.
- Advertising Network. We may work with third party advertising companies or marketing companies (collectively, “Advertising Network”) in order to provide You or other parties with advertisements, marketing, or other information that We think may be of interest to You or to others. These Advertising Networks may set or access their own cookies, pixel tags, or similar technologies on Our Company Programs or they may otherwise collect or have access to data about You which they may collect over time and across different online services. These Advertising Network may also provide Us with their own independent data about potential customers and such data could include data about You previously collected by the Advertising Network.
- Social Media Activities. The Company Programs may, now or in the future, offer certain Social Media Activities (as defined in Section 1.2 above), including, without limitation, certain sharing tools or other integrated tools (such as the Facebook “Like” button), which let You share actions that You take on Our social media pages. Your use of such features enables the sharing of Personal Information with the public, depending on the settings You establish with the entity that provides the social sharing feature.
- Company’s Outside Professionals. We may share or disclose Your Personal Information with any of the Company’s Outside Professionals (as defined in Section 2.2 herein) in order to facilitate the professional advice such Outside Professionals provide to the Company.
- Consent. We may also share or disclose Your Personal Information with Your permission.
- Merger, Sale, or Other Asset Transfers. We may share, disclose, or otherwise transfer Your Personal Information to the Company’s Outside Professionals (as defined in Section 2.2 herein), other advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which We are acquired by or merged with another company or We sell, liquidate, or transfer all or a portion of Our assets.
- Government Entities or as Otherwise Required By Law, Subpoena, or Similar Government Order. We may use, distribute, share, disclose, access, or preserve Your Personal Information if We believe doing so is required or appropriate to: (i) comply with all laws or regulations, including any tax reporting requirements of the Company; (ii) comply with any other law enforcement requests or legal process or requirements of any Government Entities (as defined in Section 2.2 above), such as a court order or subpoena; (iv) comply with any other form of request from any Government Entities; (v) respond to Your requests; or (vi) protect Your, Our, or others’ rights, property, or safety. FOR THE AVOIDANCE OF DOUBT, WE MAY BE REQUIRED TO DISCLOSE YOUR PERSONAL INFORMATION TO: (I) TAXING AUTHORITIES AS PART OF OUR TAX REPORTING REQUIREMENTS; OR (II) LAW ENFORCEMENT AUTHORITIES OR OTHER GOVERNMENTAL ENTITIES OR VIA SUBPOENA ARISING OUT OF YOUR USE OF ANY UNLAWFUL OR INFRINGING CONTENT WHILE USING ANY COMPANY PROGRAM.
- AGE OF CONSENT; COPPA NOTICE.
4.1 COPPA Notice. This Company Website and other Company Programs are not directed to children under the age of 13. We adhere to the U.S. federal Children's Online Privacy Protection Act ("COPPA") and will not knowingly register or otherwise collect any Personal Information from any child under the age of 13. We ask that minors under the age of 13 not submit any Personal Information to the Company. If You have reason to believe a child under the age of 13 has provided the Company with any Personal Information, please contact the Company at Contact@GimresShoes.com and request that such information be deleted from Our records.
4.2 User Age Confirmation By using the Company Website or any other Company Program, You represent that You are at least the age of majority in Your state or province of residence, or that You are the age of majority in Your state or province of residence and You have given Us your consent to allow any of Your minor dependents to use Our Company Website or other Company Program.
- CERTAIN ADDITIONAL CHOICES YOU MAY HAVE ABOUT YOUR INFORMATION.
5.2.1 OPTING OUT OF BEHAVIORAL ADVERTISING. Our Company Website or other Company Programs may use behavioral advertising. This means that a third party may use technology (e.g., a cookie) to collect information about Your use of the Company Website or other Company Programs so that they can provide advertising about products and services tailored to Your interests. That advertising may appear either on the Company Website or other Company Program(s), or on other websites not operated by Us. If You do not want third parties to collect information about Your use of the Company Website or other Company Program(s), You can opt-out of such at the Digital Advertising Alliance in the U.S.
PLEASE NOTE THAT OPTING-OUT OF BEHAVIORAL ADVERTISING DOES NOT MEAN THAT YOU WILL NOT RECEIVE ADVERTISING WHILE USING OUR COMPANY WEBSITE OR OTHER COMPANY PROGRAM(S). IT WILL, HOWEVER, EXCLUDE YOU FROM INTEREST-BASED ADVERTISING CONDUCTED THROUGH PARTICIPATING NETWORKS, AS PROVIDED BY THEIR POLICIES AND CHOICE MECHANISMS.
Some browsers have a “DO NOT TRACK” feature that lets website users inform websites or other applications that they do not want to have their online activities tracked. These “do not track” features may also give website users other choices regarding the collection of their personal identifiable information. However, these “do not track” features and “do not track’ signals are not yet uniform. ACCORDINGLY, EACH USER OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM IS HEREBY NOTIFIED THAT THE COMPANY WEBSITE AND THE OTHER COMPANY PROGRAMS ARE NOT CURRENTLY SET UP TO RESPOND TO ANY OF THE USER’S “DO NOT TRACK” FEATURES OR “DO NOT TRACK” SIGNALS. This “DO NOT TRACK” notice is provided to Users at the recommendation of the U.S. Federal Trade Commission and to residents of the State of California as required pursuant to the California Online Privacy Protection Act (CalOPPA).
5.5 COOKIES POLICY; HOW YOU CAN DISABLE COOKIES.
- Unfortunately, in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that You leave on all cookies if You are not sure whether You need them or not in case they are used to provide a service that You use.
· BY USING OUR COMPANY WEBSITE, YOU GIVE CONSENT FOR US TO SHARE YOUR PERSONAL INFORMATION WITH THESE PROCESSORS, AND FOR THEM TO TRANSFER THIS INFORMATION ONWARD TO THEIR PARTNERS IN CONNECTION WITH PROVIDING YOU THE PRODUCTS/SERVICES.
5.5.3 Disabling Cookies. You can prevent the setting of cookies by adjusting the settings on Your web browser (see, for example, Your browser Help for how to do this, including “Incognito” in Chrome, “In Private” for Internet Explorer, “Private Browsing” in Firefox and Safari, etc.). Be aware that disabling or deleting cookies in Your web browser: (i) will usually affect the functionality and/or usability of the Company Website, other Company Programs and/or other websites that You visit; and/or (ii) will usually result in also disabling certain functionality and features of the Company Website or any other Company Programs.
5.5.4 The Cookies We May Set.
- Email newsletters related cookies: The Company Website or other Company Programs may offer newsletters or other types of email subscription services and cookies may be used to remember if You are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
- Orders processing related cookies: The Company Website or other Company Programs may offer e-commerce or payment facilities and some cookies are essential to ensure that Your order is remembered as You move between pages so that We can process it properly.
- Contact or comment related cookies: When You submit any other data through the Company Website or other Company Programs, certain contact or comment-related cookies may be set to remember Your User details for future correspondence or transactions.
- As noted in Section 3, the Company Website or other Company Program may engage Data Analytics Providers and/or use Data Analytics Tools or Services (including, without limitation, Google Analytics) that provide Us with widely-used analytics tools or services to help Us better understand how You and other Users are utilizing the Company Website or other Company Program in order to allow Us to improve Your experience. These cookies may track things such as how long You spend on the Company Website or other Company Program and the pages that You visit so We can continue to produce engaging content. For more information about Google Analytics cookies, see the official Google Analytics page.
- Data Analytics Providers and/or use Data Analytics Tools or Services may also be used to track and measure usage of this Company Website or other Company Program (including, but not limited to, tracking things such as how long You spend on a website or pages that You visit) so that We can continue to produce engaging content, help Us to understand how We can improve the Company Website or other Company Program site for You and and/or to give Us a better understanding of broader industry trends.
- From time to time, We test new features and make subtle changes to the way that the Company Website or other Company Programs are delivered. When We are testing new features, these cookies may be used to ensure that You receive a consistent experience while on the Company Website or other Company Program while ensuring We understand which optimizations the Users appreciate the most.
- As We promote Our products/services, it’s important for Us to better understand statistics about how many of the visitors to the Company Website or other Company Programs actually make a purchase or which Company products or services the Users viewed the most and, thus, these are additional types of data that these cookies will track. We consider this to be important to You as it means that We can accurately make business predictions that allow Us to monitor Our advertising and product/service costs to ensure the best possible services to all of the Users.
- Certain of Our Advertising Networks (as defined in Section 3 of this Policy) may advertise on Our behalf and affiliate tracking cookies allow Us to see if Our customers have come to the Company Website or other Company Programs through one of these Advertising Network sites or sources.
TERMS AND CONDITIONS FOR COMPANY’S MOBILE MESSAGING SERVICE.
- The Company offers its shoppers or other customers a mobile messaging program which may (now or in the future) offer short message services (“SMS”) and/or multimedia message services (“MMS”) to these shoppers or other customers which contain information about the Company’s products, services or events (as more fully described in Section 5.6.3 below) by SMS message on 1(888) 534-2815 (“Mobile Messaging Service”).
- TERMS AND CONDITIONS FOR COMPANY’S MOBILE MESSAGING SERVICE.
BY OPTING INTO, OR BY OTHERWISE PARTICIPATING IN, THE MOBILE MESSAGING SERVICE, YOU HEREBY: (I) ACCEPT AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS IN THE TERMS AND CONDITIONS OF THIS MOBILE MESSAGING SERVICE (“MOBILE MESSAGING TERMS & CONDITIONS”) AND (II) CONFIRM AND AGREE THAT THESE MOBILE MESSAGING TERMS & CONDITIONS SHALL GOVERN YOUR USE OF THE MOBILE MESSAGING SERVICE.
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THESE MOBILE MESSAGING TERMS & CONDITIONS WILL BE ACCEPTED BY THE COMPANY. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THE MOBILE MESSAGING TERMS & CONDITIONS, THEN YOU SHOULD NOT USE THE COMPANY’S MOBILE MESSAGING SERVICE.
User Opt-In to the Company’s Messaging Service.
- Enrollment in the Company’s Mobile Messaging Service (“opt-in” or “opting-in” or “opted-in”) requires that You: (i) provide your mobile phone number; and (ii) consent to these Mobile Messaging Terms and Conditions by either clicking to agree to these Mobile Messaging Terms and Conditions when prompted to do so or by otherwise beginning to use the Company’s Mobile Messaging Services. The Mobile Messaging Services will not start until you have properly opted-in as set forth in this Section 5.6.2. You may not enroll if you are under 18 years old. The Company reserves the right to stop offering the Mobile Messaging Service at any time with or without notice.
- By opting into the Company’s Mobile Messaging Service, You hereby automatically:
- Authorize the Company to use auto dialer or non-auto dialed technology to send recurring text messages (SMS and/or MMS) to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
- Acknowledge that You do not have to agree to receive messages as a condition of purchase.
- Confirm that You are the subscriber to the relevant phone number or that You are the customary user of that number on a family or business plan and that You are authorized to opt in.
- Consent to the use of an electronic record to document your opt-in to the Company’s Mobile Messaging Services.
- To request a free paper or email copy of the opt-in or to update our records with Your contact information, please call 503-352-1007 or send an email to Contact@GimresShoes.com. To view and retain an electronic copy of these Mobile MessagingTerms and Conditions or the rest of Your opt-in, You will need: (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. For an email copy, You will also need an email account You can access from the device, along with a browser or other software that can display the emails.
- Content You May Receive Through the Company’s Mobile Messaging Service.
- Once You have opted-in to the Company’s Mobile Messaging Service pursuant to Section 5.6.2 above, the following may apply: (i) Your message frequency may vary; and (ii) You may receive mobile alerts/mobile messages from the Company regarding any of the following matters:
- Sales or marketing information or promotions regarding any of the Company’s products or services;
- Shopping cart reminders;
- Information or promotions about Company-supported events; and/or
- Information or announcements about any other Company product or service launches.
Charges and Carriers
- Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Mobile Messaging Service.
- Currently, the Company’s Mobile Messaging Services are supported by numerous mobile/wireless carriers. The Service may not be available on all mobile/wireless carriers. The Company may add or remove any mobile/wireless carrier from the Service at any time, and from time to time, without notice. The Company and the mobile/wireless carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
User Opt-Out to Stop the Company’s Messaging Service.
- Subject to the provisions of this Section 5.6.6, to stop or otherwise unsubscribe to the Company’s Mobile Messaging Service (as defined herein), you must either: (i) text the word STOP to 1 (888) 534-2815 at any time; or (ii) reply STOP to any of the text messages You receive through the Company’s Messaging Service (“opt-out” or “opting-out” or “opted-out”).
- For Services operated through a different number, You must text STOP to that number in order to opt out of such Mobile Messaging Services.
- Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To properly complete your opt-out request, please provide the requested clarification, otherwise your opt-out may not be effective.
- You hereby further acknowledge and agree that:
- the text message platform used for the Company’s Mobile Messaging Service may not recognize and/or may not respond to opt-out requests that do not include the STOP keyword command;
- the Company and its service providers will have no liability for failing to honor any opt-out request which does not company with this Section 5.6.6; and
- You must opt-out of each individual Mobile Messaging Service that the Company may offer. Thus, if You unsubscribe or otherwise opt-out from one of Our text message programs, You may continue to receive text/mobile messages from the Company through any other programs that You have joined until you separately unsubscribe/opt-out from those other programs.
- These Mobile Messaging Terms and Conditions shall survive if You withdraw any consent You previously gave to the Company or if You opt-out of any of the Company’s Mobile Messaging Services.
Duty to Notify Company; User’s Indemnify.
- If at any time You intend to stop using the mobile telephone number that has been used to subscribe to the Company’s Mobile Messaging Service (including, without limitation, canceling Your service plan or selling or transferring your phone number to another party), You hereby agree that You will complete the User opt-out process set forth in Section 5.6.6 above prior to ending Your use of such mobile telephone number. You understand and agree that Your agreement to do so is a material part of these Mobile Messaging Terms and Conditions. You further agree that, if You discontinue the use of Your mobile telephone number without first completing the opt-out process set forth in Section 5.6.6 above, You hereby agree that You will be responsible for all costs (including attorneys’ fees) and liabilities incurred by the Company, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of the Company’s Mobile Messaging Services.
- YOU FURTHER AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD THE COMPANY HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS ANY OF YOUR OBLIGATIONS UNDER THIS SECTION 5.6, INCLUDING WITHOUT LIMITATION THIS SECTION 5.6.7, OR YOUR FAILURE TO NOTIFY THE COMPANY OF ANY OTHER CHANGE IN THE INFORMATION YOU HAVE PROVIDED TO THE COMPANY, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM THE COMPANY ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
- Company’s Disclaimer of Warranty Regarding its Mobile Messaging Services.
- Charges and Carriers
In addition to any other limitation of liability or disclaimers by the Company in any other agreement to which You may be a party, You hereby acknowledge and agree as follows: (i) the Company’s Mobile Messaging Services are offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by Your wireless carrier; (ii) the Company will not be liable for any delays or failures in the receipt of any mobile messages connected with its Mobile Messaging Services; and (iii) delivery of mobile messages is subject to effective transmission from Your wireless service provider/network operator and is outside of the Company’s control.
- Prohibited Content; Prohibited Activities.
In addition to any other terms, conditions or restrictions on your use of the Company’s Mobile Messaging Services as set forth in these Mobile Messaging Terms and Conditions (or in any other agreement to which You may be a party), You hereby acknowledge and agree that You will not send any prohibited content over the Company’s Mobile Messaging Service and that You will not engage in any prohibited activities over the Company’s Mobile Messaging Service, including, but not limited to, the following prohibited content or prohibited activities:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by any applicable laws or regulations in the jurisdiction from which the message is sent.
- USER RESPONSIBLE FOR UPDATING USER’S OWN PERSONAL INFORMATION.
Users are solely responsible for correcting, updating, or modifying any and all of the User’s Personal Information as it appears in, and as otherwise stored or contained in, any Company Program. Without in any way limiting the foregoing, User acknowledges and agrees that the Company does not have an independent obligation to maintain the accuracy or completeness of any of Personal Information provided by the User to the Company, including such Personal Information once it is stored, described, or otherwise contained in the Company Website or in any other Company Program.
- LINKS TO, AND USE OF, THIRD PARTY SITES OR PROGRAMS.
The Company Website or other Company Programs may now or in the future provide links or other access to Internet websites, forums, or other programs that are not under the Company’s sole control and not solely owned by the Company (collectively referred to as “Third Party Sites”). If a User clicks on a link to, or otherwise gains access to, any such Third Party Site, the User will be transported to one of these Third Party Sites.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH USER AGREES THAT IF THE USER USES ANY THIRD PARTY SITES IN ANY WAY, THE USER IS AWARE THAT ANY OF THE USER’S PERSONAL INFORMATION THAT THE USER PROVIDES TO THAT THIRD PARTY SITE MIGHT BE READ, COLLECTED, SHARED, DISTRIBUTED, OR OTHERWISE USED BY OTHER USERS OF THAT THIRD PARTY SITE OR BY ANY OTHER THIRD PARTIES, AND COULD BE USED TO SEND THE USER UNSOLICITED MESSAGES. THE COMPANY IS NOT RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT THE USER ELECTS TO SUBMIT IN, OR OTHERWISE MAKE AVAILABLE TO, THESE THIRD PARTY SITES.
Any link to any Third Party Site from the Company Website or any other Company Program does not imply any endorsement of the privacy practices of such Third Party Site by the Company, and no such Third Party Site is authorized to make any representation or warranty on Our behalf.
- INFORMATION SECURITY
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, We cannot guarantee its absolute security. We make efforts to protect Your Personal Information from improper or unauthorized loss, misuse, access, disclosure, alteration, or destruction. If You have questions about the security of Your Personal Information, contact the Company at the email or regular mailing address specified in the Contact Use section below.
- DATA RETENTION
We will retain Your Personal Information for as long as necessary to fulfill the purposes for which We collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for Personal Information, We consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of Your Personal Information, the purposes for which We process Your Personal Information, whether We can achieve those purposes through other means, and the applicable legal requirements.
- CONTACT US.