GDPR EU Informed Consent
THIS INFORMED CONSENT (“CONSENT”) IS PROVIDED BY MOTHER, LLC. , A DELAWARE LIMITED LIABILITY COMPANY (THE “COMPANY”, “WE” , “US” OR “OUR”) PURSUANT TO THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION (THE “GDPR”).
THIS CONSENT IS PRESENTED TO YOU IN YOUR STATUS AS AN INDIVIDUAL (“YOU” OR “DATA SUBJECT” OR “YOUR”) WHO IS USING THE COMPANY’S WEBSITE AT HTTPS://WWW.MOTHERDENIM.COM/ (“COMPANY WEBSITE”) OR IS USING ANY OTHER SITES, PROGRAMS, TECHNOLOGY PLATFORMS, TECHNOLOGY APPS, OR SERVICES OFFERED BY THE COMPANY (THE ABOVE IDENTIFIED COMPANY WEBSITE AND THESE OTHER SITES, PROGRAMS, PLATFORMS, APPS AND SERVICES (IF ANY) ARE COLLECTIVELY REFERRED TO AS “COMPANY PROGRAM(S)”).
BY CHECKING THE "I AGREE" OR “CONTINUE” BOX TO THIS CONSENT, YOU (AS AN INDIVIDUAL) HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS CONSENT, UNDERSTAND ALL OF THE NOTICES PROVIDED IN THIS CONSENT, AND HEREBY AGREE TO ALL OF THE PROVISIONS SET FORTH IN THIS CONSENT AS OF THE DATE OF SUCH CONSENT.
NOTICE AND INFORMED CONSENT
By assenting to this Notice and Informed Consent, You hereby give Your consent and authorization to collect from You the following personal data (“Personal Data”)
- Your full name;
- Mailing address and/or billing address;
- E-mail address;
- Phone (or mobile) number;
- Date of birth or age;
- Credit or debit card number and 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;
- Information You provide when You purchase any of Our goods or services, including product or service parameters or preferences You provided when making a purchase;
- Information You provide or otherwise involved in the return or exchange of a product, such as information about the transaction, product details, purchase price, and the date and location/media of the transaction;
- The Internet Protocol address or other types of unique identifiers related to You and the computer, tablet, phone or other device You use to access the Company Website or any other Company Program, including the Internet Protocol address, hardware models, operating system and version, mobile network information and other unique device identifiers (collectively “Device Information”);
- Cookies, web beacons, or other types of small temporary files or other web-based tracking technologies which We or Our service providers may use to gather certain information (collectively “Cookies”);
- Information about the precise location of Your device or other general location data based on GPS data, mailing address, and/or billing address (“Geo-location Data”); or
- If any Company Program offer any social media features (such as the Facebook Like buttons or similar social media interactive mini-programs), Your Internet Protocol address and information about which page You are visiting on Our Company Program may be collected and these social media features may set a cookie to enable the feature to function.
Your Personal Data may be gathered, collected, recorded, held, shared, distributed, disclosed or otherwise used by or on behalf of the Company for the following purposes (collectively, the “Permitted Uses”):
(i) to develop, provide, host, operate, maintain or improve the Company Website and other Company Programs, or the services We provide to You through Our Company Website and other Company Programs, including the following:
- To process Your purchase transactions, fulfill Your orders, process exchanges and returns and send shipping notifications;
- To send support and administrative messages, and respond to Your comments, questions, and customer service requests;
- To communicate with You about products, services, offers, and events offered by Us and others, and provide news and information We think will be of interest to You;
- To monitor and analyze trends, usage, and activities in connection with Our goods or services;
- To conduct credit card screenings or to otherwise protect against fraud or unauthorized transactions, including by identifying potential unauthorized users or hackers;
- To personalize Your experience and the advertisements and content You see when You use any Company Program based on Your preferences, interests, and browsing and purchasing behavior; and
- To facilitate any contests, sweepstakes, or promotions and process and deliver entries and rewards;
- Without limiting the foregoing, to specifically use Your Device Information, Cookies and Geo-location Data to personalize your experience and to enhance your access and use of the Company Website and other Company Programs; or
- Without limiting the foregoing, to facilitate Your use of various social media sharing features or other integrated tools (such as the Facebook “Like” button) which You may use as part of social media pages.
(ii) to provide your Personal Data to any of the Company’s vendors, suppliers, independent contractors, or consultants of Company in order to assist Company in developing, providing, hosting, operating, maintaining or improving the Company Website or any other Company Programs, including the following (collectively, the “Service Providers”):
- We may share or disclose Your Personal Information with Our Service Providers We retain in connection with the provision of the Company Website or any other Company Program, including without limitation the following types of Service providers that We may engage:
- Email, internet or other telecommunication service providers;
- Cloud, other data storage, or other hosting service providers;
- Third party payment service providers, including without limitation third party credit card processors (see Third Party Application Providers below);
- o Analytics companies who assist Us with various types of data analytics (see Analytics Partners below);
- Third parties shippers; or
- Other third party contractors we engage to assist Us in providing Our goods and services.
- Without limitation the foregoing description of our Service Providers:
- if a third-party application is used to support Our Company Programs, We may share or disclose Your Personal Data to such third party application providers, including without limitation third party credit card processors or other third party payment service providers;
- We may use analytics services provided by a third party analytics service provider or by using one of their tools, such as but not limited to Google Analytics, to collect and process certain analytics data. These services may also collect data about Your use of other websites, apps, and online resources;
- We may work with third party advertising companies in order to provide You with advertisements or other information that We think may interest You. These advertising partners 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 partners may also provide Us with their own independent data about potential customers and such data could include data about You previously collected by these advertising partners.
- (iii) to provide Your Personal Data to Company’s professional advisors such as attorneys or accountants (“Outside Professional Advisors”) in order to facilitate the professional advice from those Outside Professionals Advisors.
- (iv) To provide Your Personal Data with our affiliates or subsidiaries for any of the purposes described herein (“Our Affiliates or Subsidiaries”).
- (v) To provide our Personal Data to the Company’s Outside Professional Advisors, 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 (“M&A Parties”).
- (vi) We may access, preserve, share, or disclose Your Personal Data (including without limitation sharing or disclosing Your Personal Data with any government agencies or third parties) if We believe doing so is required or appropriate to: (a) comply with all laws or regulations, including any tax reporting requirements of the Company; (b) comply with any other law enforcement requests or legal process, such as a court order or subpoena; (c) respond to Your requests; or (d) protect Your, Our, or others’ rights, property, or safety. FOR THE AVOIDANCE OF DOUBT, WE MAY BE REQUIRED TO DISCLOSURE YOUR PERSONAL DATA TO: (I) TAXING AUTHORITIES AS PART OF OUR TAX REPORTING REQUIREMENTS; OR (II) LAW ENFORCEMENT AUTHORITIES OR OTHER GOVERNMENTAL AGENCIES OR VIA SUBPOENA ARISING OUT OF YOUR USE OF ANY UNLAWFUL OR INFRINGING CONTENT WHILE USING ANY COMPANY PROGRAM.
- (vii) We may make certain automatically-collected, aggregated, or otherwise de-identified Personal Information available to third parties for various purposes, including: (a) compliance with various reporting obligations; (b) for business or marketing purposes; or (c) 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.
These Permitted Uses may be modified by the Company after giving reasonable notice to You.
The Company will retain the Data Subject’s Personal Data for the minimally necessary amount of time to carry out the Permitted Uses.
Providing the Personal Data requested by the Company is a condition of using the Company Website and the other Company Programs. If You are unwilling to provide Your Personal Data, or in the future request that Your Personal Date be erased (pursuant to the notification described below), You may be denied use or access to one or all of features and functionalities of the Company Website and other Company Programs.
All Data Subjects are hereby notified that they have the following additional rights pursuant to the GDPR:
- Pursuant to GDPR Article 15 (Right of Access by the Data Subject), You have the right to obtain from the Company, by giving notice to the Company as outlined below, confirmation as to whether or not Personal Data has been Processed (as such term is defined in the GDPR) and, if that is the case, access to that Personal Data and additional information about how it has been Processed, including without limitation: (i) the purpose of the Processing; (ii) the category of Personal Data concerned; (iii) the categories of recipients to whom the Data Subject’s Personal Data has been disclosed; (iv) the planned retention period; (v) the existence of the Data Subject’s right of rectification, deletion, limitation of Processing or opposition; (vi) the existence of a right to complain; (vii) the source of the collection of Personal Data if not collected from Us; (viii) and the existence of automated decision-making including profiling and, where appropriate, meaningful information about their details;
- Pursuant to GDPR Article 16 (Right to Rectification), You have the right to request, by giving notice to the Company as outlined below, the correction (modification) of incorrect Personal Data or any completed Personal Data stored by Us;
- Pursuant to GDPR Article 17 (Right to Erasure; “Right to be Forgotten”), You have the right to request, by giving notice to the Company as outlined below, the deletion of Your Personal Data stored by Us, except for the allowed continued uses permitted by the GDPR, including without limitation as far as the Processing is needed to exercise the right to freedom of expression and information, for the fulfillment of a legal obligations, for reasons of the public interest or for the assertion, exercise or defense of legal claims if required;
- Pursuant to GDPR Article 18 (Right to Restriction of Processing), You have the right, by giving notice to the Company as outlined below, to demand the restriction of the Processing of the Your Personal Data where one of the following applies: (i) as far as the accuracy of the Personal Data is disputed by the Data Subject; (ii) the Processing of the Personal Data is unlawful, but the Data Subject rejects its deletion; (iii) We no longer need the Personal Data, but the Data Subject requires it to exercise or defend legal claims; or (iv) the Data Subject has objected to the Processing of the Personal Data in accordance with GDPR Article 21;
- Pursuant to GDPR Article 20 (Right to Data Portability), You have the right by giving notice to the Company as outlined below, to receive Your Personal Data as provided to Us, in a structured, common and machine-readable format or to request the transfer to another person responsible.
- Pursuant to GDPR Article 7(3) (Conditions of Consent), You have the right, by giving notice to the Company as outlined below, to withdraw, at any time, Your approval to all or part of this Consent. As a result, We are no longer be allowed to continue the Processing of Personal Data based on that Consent for the future, but such withdrawal does not affect the lawfulness of the Processing of Personal Data based on such Consent before such withdrawal; and
- Pursuant to GDPR Article 77 (Right to Lodge a Complaint with a Supervisory Authority), You have the right to complain to a Supervisory Authority, as such term is defined in the GDPR. As a general rule, the Data Subject can contact the Supervisory Authority of the Data Subject’s usual place of residence or work or place of the alleged infringement.
In order to give the Company notice of Your exercise of the above-described rights, You must contact the Company at the following email address: firstname.lastname@example.org.
Your above-described rights to request that the Company erase (i.e., remove and delete) and/or modify Your Personal Data, or that Company give you a copy of Your Personal Data, will be at Your cost (prepaid).
In the event you request that the Company erase (i.e., remove and delete) Your Personal Data, You hereby acknowledge and agree the following shall govern: (i) by doing so the Company has the right to deny You the ability to use or access the Company Website or any other Company Program or to use or participate in any other goods or services provided by the Company; and (ii) the Company has the right to retain an archival copy of certain Personal Data to the extent necessary for the Company to satisfy or comply with its tax obligations (including without limitation for any tax audits by any governmental agency) or to otherwise comply with any other laws, regulations, court orders or subpoena.
If We share or otherwise discloses any of Your Personal Data with the following parties as outlined above, We shall take the following reasonable measures: (i) if to our Service Providers, We will contract with these Service Providers to provide that they will only use Your Personal Data in compliance with the GDPR; or (ii) if to Our Outside Professional Advisors, Our Affiliates or Subsidiaries, or to any M&A Parties, We will require them to only use Your Personal Data in compliance with the GDPR.