Privacy Policy

PRIVACY POLICY OF MOTHER, LLC

LAST UPDATED: June 15, 2020

 THIS PRIVACY POLICY (“PRIVACY POLICY” OR “POLICY”) EXPLAINS HOW MOTHER, LLC, A DELAWARE LIMITED LIABILITY COMPANY  (COMPANY” , “WE” , “US” OR “OUR”) MAY GATHER, COLLECT, RECORD, HOLD, DISTRIBUTE, SHARE, DISCLOSE OR OTHERWISE USE ANY INFORMATION OR DATA ABOUT ANY USER (“USER” OR “YOU” OR “YOUR”) OF  COMPANY’S WEBSITE AT  HTTPS://WWW.MOTHERDENIM.COM/ (“COMPANY WEBSITE”) OR THROUGH ANY OTHER PROGRAM, ACTIVITY, TECHNOLOGY PLATFORM, TECHNOLOGY APPLICATION, OR SERVICE OFFERED BY COMPANY  (THE COMPANY WEBSITE AND THESE OTHER PROGRAMS, ACTIVITIES, PLATFORM, APPLICATIONS AND SERVICES ARE COLLECTIVELY REFERRED TO AS COMPANY PROGRAM(S)”.

BY CONTINUING TO USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM OFFERED BY COMPANY, YOU HEREBY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS POLICY AS IT IS PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF ANY COMPANY PROGRAM. NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS POLICY WILL BE ACCEPTED BY MOTHER, LLC IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS POLICY, OR YOU DO NOT WISH YOUR PERSONAL INFORMATION TO BE USED PURSUANT TO THIS PRIVACY POLICY, THEN YOU SHOULD NOT USE ANY COMPANY PROGRAM (INCLUDING WITHOUT LIMITATION THE COMPANY WEBSITE) AND YOU SHOULD NOT PROVIDE ANY OF YOUR PERSONAL INFORMATION TO COMPANY CONSORTIUM, INC.

THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND YOU SHOULD DOWNLOAD AND PRINT THIS CALIFORNIA PRIVACY POLICY FOR YOUR RECORDS.

 

NOTICE TO CALIFORNIA RESIDENTS: THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA) PROVIDES CALIFORNIA RESIDENTS WITH SPECIFIC RIGHTS WHICH ARE EXPLAINED TO THESE PARTIES IN THE FOLLOWING SECTIONS:

 

NOTICE UNDER THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION (“GDPR”). THE GDPR PROVIDES THE EU’S DATA SUBJECTS (AS SUCH TERM IS DEFINED IN THE GDPR) WITH SPECIFIC RIGHTS WHICH ARE EXPLAINED TO SUCH PARTIES AS FOLLOWS:

 

  1. INFORMATION WE COLLECT

We collect Personal Information that You provide directly to Us. For example, we may collect Personal Information from You under these circumstances:

  • When You inquire about any of Our products or services or You make an online purchase, We may collect and use your Personal Information to provide the products and services that You have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information), and to provide customer service and/or future promotional offers and information that might be of interest to You;
  • If you create an online account with Us that enables You to track Your orders or receive “back in stock” notifications (although it is not necessary to create an account in order to use any Company Website), We may collect and use Your Personal Information to keep You updated about special offers, send updates related to the Company and the Company Website, and facilitate checkout during purchase transactions;
  • If You request any customer support or request any exchange or return of any of the Company’s products or services;
  • If You sign up to receive promotional emails or marketing from Us or if You otherwise request any information from or about the Company (such as a newsletter, e-alert, or any other information about Our products, services, events or business partners), We may contact You about sales, special offers and new features available through the Company Website
  • If You participate in a contest, promotion or sweepstakes that We sponsor We may, subject to the terms of the relevant promotion as well as this Privacy Policy, contact You regarding the promotion or other promotional and special offers, sales, and new features available through the Company Website.
  • If You provide Us with any other Personal Information about You through the Company Website or any other Company Program, or via telephone;
  • If You fill out any other information through any Company Program;
  • We also may obtain, collect and aggregate information (including Personal Information) about You that is provided to us by third parties such as third party social media sites that You may participate in and who collaborate or work with Us, as well as from other advertising networks, marketing service providers, demographic companies, analytics companies, and other vendors that collaborate or work with Us; or
  • If You communicate with any other representative of our Company or otherwise communicate with Us in any other way

In these instances, the types of Personal Information that We may collect from You includes:

  • Your 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; or
  • 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.

When a User accesses or otherwise uses the Company Website or any other Company Program, We automatically collect certain Personal Information about You, including:

  • Device Information; Cookies and other Web-based Tracking Technologies We (or our service providers) 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. We (or our service providers) may also use different technologies such as cookies, web beacons, or other types of small temporary files or web-based tracking technologies to gather certain information. Without limiting the foregoing, We hereby notify You of the following:
  • We and/or our service providers may use cookies, pixel tags, web beacons, Adobe flash technology and other similar technologies, which allow Us to, among other things, optimize the Company Website and to understand traffic and usage patterns. A “cookie” is a small data file that is stored on your hard drive or in connection with your Internet browser which may be session-based or persistent. Cookies allow parties (including Us, our service providers and others) to: (a) track your activities on the Company Website; (b) track clicks, purchases and conversion; (c) recognize Your computer or device so that You are able to save Your preferences and stay logged in to the Company Website without having to re-enter Your account credentials; (d) deliver customized content, messages and advertising to You; (e) preserve the contents of your shopping cart; and/or (f) otherwise enhance and personalize Your experience on the Company Website. If You do not want information collected through cookies, most devices allow You to decline the use of cookies. However, disabling cookies may result in not being able to use or to enjoy all of the services and features of the Company Website.
  • We and/or our service providers may use Flash cookies and other similar technologies, which allow a website to store certain information locally on an individual’s computer or device and then access and use that information to enhance and facilitate certain website experiences, processes and functionality. Flash cookies are different from other cookies and may not be removed in the same manner. For more information about cookies, please visit: https://www.allaboutcookies.org/.
  • We and/or our service providers may also use web beacons (also known as “clear GIFs” or “pixel tags”) for similar purposes. These beacons or tags are typically small images embedded into emails or the website that verify when the website is viewed, when an email is opened and when links or other content in an email are clicked or viewed.
  • Mobile Access from Social Media Platforms and Networks: If You use a social media platform (such as Facebook) or a mobile device or application to interact with the Company Website, these platforms or applications may collect Your Internet Protocol address or other Personal Information about Your or information about Your device and they may set a cookie to enable their features to function properly. These platforms or applications may have their own privacy statement and/or privacy policy that governs the use of Personal Information related to that platform or application (see Section 8 regarding Third Party Sites). For example, if You use a mobile application and Your mobile device’s settings allow it, We or our service providers may collect mobile location information from Your device, whether or not You are logged into our Company Website. If You have questions about the security and privacy settings of Your mobile device please refer to instructions from Your mobile service provider or the manufacturer of Your device, and for any third-party platform You use to access our Company Website, please review their privacy policies and terms of use. Also, these social media platform aid
  • Geo-location Data: Subject to any of Your device permissions, We (or our service providers) 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”).

Personal Information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.
  • Information excluded from the CCPA's scope, such as: (i) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; or (ii) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

 

  1. HOW WE USE YOUR INFORMATION.
  • Provide Service To you: We use Your Personal Information to process purchase transactions, fulfill orders, process exchanges, returns and send shipping notifications, to send support and administrative messages, and to respond to Your comments, questions, and customer service requests;
  • Access and Use: If You provide Personal Information in order to obtain access to or use of the Company Website, We will use the Personal Information to provide You with and monitor such access and use. We may also you’re your Personal Information 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.;
  • Internal Business Purposes: We may use your Personal Information for internal business purposes including, without limitation, to:
    • help Us improve the content and functionality of the Company Website and to better understand Our users, including without limitation to monitor and analyze trends, usage, and activities in connection with Our goods or services;
    • protect against fraud, including without limitation to perform credit checks, credit card screenings or to otherwise protect against fraud or unauthorized transactions, including by identifying potential unauthorized users or hackers; and/or
    • otherwise manage Your account and to generally manage the Company Website and Our business.
  • Marketing: We may use your Personal Data for the following reasons:
    • to communicate with You for certain marketing and advertising purposes, including, without limitation, to inform You about and to facilitate offers, surveys, contests, sweepstakes, or promotions and process and deliver entries and rewards, and to display content and advertising on or off the Company Website which may be of relevance to You; and/or   
    • To otherwise communicate with You about any other products, services, offers, and events offered by Us and others, and provide news and information We think will be of interest to You.

If You prefer not to receive any of the above mentioned marketing or promotional communications from Us, you may “Opt Out” at any time by following the “Opt Out” instructions in Section 5.2 herein

  • Customer Service: If You provide Personal Information for a specific reason (such as the resolution of a customer service issue), We may use the Personal Information in connection with the reason for which it was provided.
  • Aggregated Personal Data: We (either directly or through a service provider) may conduct research on our customer demographics, interests and behavior based on Personal Information and other information.

Aggregated Personal Data: We (either directly or through a service provider) may conduct research on our customer demographics, interests and behavior.

  • Social Media: 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;
  • Other Purposes: To carry out any other purpose described to You at the time the Personal Information is collected.

 

  • To use with, or otherwise distribute, share or disclose to, any of the Company’s professional advisors such as attorneys or accountants (“Outside Professionals”) in order to facilitate the professional advice from those Outside Professionals; or
  • To use with, or otherwise distribute, share or disclose to, any government agencies or third parties in order to comply with, or otherwise pursuant to, any subpoena, court order, or other governmental order, law or regulation (including without limitation for the Company’s tax reporting).

 

2.3.1 We will 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.

2.3.2 PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL INFORMATION WITHOUT YOUR KNOWLEDGE OR ADDITIONAL CONSENT IN COMPLIANCE WITH THIS PRIVACY POLICY AND WHERE DOING SO IS REQUIRED OR PERMITTED BY LAW INCLUDING WITHOUT LIMITATION ANY SUBPOENA OR OTHER TYPES OF COURT ORDERS.

  1. SHARING OF YOUR INFORMATION

We may distribute, share or disclose Personal Information about You as follows or as otherwise described herein:

  • Order Fulfillment: If you choose to make a purchase on the Website, MOTHER may provide certain information such as your credit card number, billing address and other information related to such purchase, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card and/or ship the products).
  • Service Providers. We, like many businesses, sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include but are not limited to, payment processing and authorization, third party credit card processors, other third party payment service providers, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those service providers provide for Us, We may grant them access to certain Personal Information or otherwise share or disclose Your Personal Information with these service provides in connection with the carrying out the operations of Our Company Programs, 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);
    • 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.

 

  • Advertising Partners. We may work with third party advertising companies (collectively, “Advertising Partners”) 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 the Advertising Partner.
  • Analytics Partners. 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.
  • Third Party Marketers: We may share certain information with other marketers whose products or services We feel may be of interest to you.
  • Social Media Features. The Company Programs may offer social media features, including 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.
  • Facebook and Instagram Advertising: Without limiting the above description about social media features, We may, in particular, share Your Personal Information with Facebook. We use a measurement tag (“Measurement Tag”) that is a Facebook Product that allows Us to send data about performance of our ads (“Campaign Data”) to Facebook, including to track impressions and clicks on those ads.
    Facebook may process Campaign Data to prepare reports on the impact of advertising campaigns and other online content (“Campaign Reports”). Facebook will not disclose the Campaign Reports, or any portion thereof, to any third party without our permission, unless (i) they have been combined with Campaigns Reports from numerous other third parties and (ii) our identifying information is removed from the combined Campaign Reports.
    Facebook uses Campaign Data (including that collected on cross-publisher campaigns) to assess the fractional performance of ads delivered on or through the Facebook Company Products (such ads, the “Facebook Ads”) only and use only the results of that Facebook Ad-specific assessment in connection with ad targeting and delivery optimization. Facebook will not otherwise use Campaign Data to retarget advertising to an individual, to append information specific to ads other than Facebook Ads to user profiles, or in association with our brand (except to provide services to You), unless Facebook has permission or are required to do so by law. Facebook may also use Campaign Data to promote safety and security on and off the Facebook Company Products, to provide measurement and analytics services, for research and development purposes, and to maintain the integrity of and to improve the Facebook Company Products.
    For more information and the latest version of how Facebook uses data you can visit: https://www.facebook.com/privacy/explanation and https://www.facebook.com/privacy/explanation#sharing-partner-information.
  • Business Transfers, Mergers, Sales, or Other Asset Transfers. We may share or 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. The use of Your Personal information following any of these events will be governed by this Privacy Policy.
  • Affiliates and Subsidiaries. We may disclose Your Personal Information with our affiliates or subsidiaries for any of the purposes described herein.
  • Legal Requirements, Subpoenas or Similar Government Orders. We may access, preserve, share, or disclose 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, such as a court order or subpoena; (iii) respond to Your requests; or (iv) protect Your, Our, or others’ rights, property, or safety. FOR THE AVOIDANCE OF DOUBT, WE MAY BE REQUIRED TO DISCLOSURE YOUR PERSONAL INFORMATION 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.
  • Company’s Outside Professional Advisors. We may share or disclose Your Personal Information with any of the Company’s Outside Professional Advisors (as defined in Section 2.2 herein) in order to facilitate the professional advice such Outside Professionals provide to the Company.
  • Aggregated Form. We may make certain automatically-collected, aggregated, or otherwise de-identified Personal Information available to third parties for various 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.
  • Other uses: Your Personal Information for other purposes upon obtaining Your permission.
  1. ADDITIONAL RIGHTS OF CALIFORNIA RESIDENTS UNDER THE CCPA

In addition to the other notices that we have provided in this California Privacy Policy, We hereby provide the following notices to all California residents regarding their rights under the CCPA:

Each User has the right to request that the Company disclose certain information to You about the Company’s collection and use of Your Personal Information over the past 12 months. Once the Company receives and confirms Your verifiable consumer request (see Section 4.4: Exercising Your Access, Data Portability, and Deletion Rights), the Company will disclose to You (per your request):

  • The categories of Personal Information We collected about You.
  • The categories of sources for the Personal Information We collected about You.
  • Our business or commercial purpose for collecting or selling that Personal Information.
  • The categories of third parties with whom We share that Personal Information.
  • The specific pieces of Personal Information We collected about You (also called a data portability request).
  • If We sold or disclosed your Personal Information for a business purpose; two separate lists disclosing:
    • Sales (if any), identifying the Personal Information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

 

Each User has the right to request that the Company delete any of Your Personal Information that the Company collected from You and retained, subject to certain exceptions. Once the Company receives and confirms Your verifiable consumer request (see Section 4.4: Exercising Your Access, Data Portability, and Deletion Rights), the Company will delete (and direct our service providers to delete) Your Personal Information from our records, unless an exception applies. However, the Company may deny Your deletion request if retaining the information is necessary for the Company or its service provider(s) to:

  • Complete the transaction for which We collected the Personal Information, provide a good or service that You requested, take actions reasonably anticipated within the context of Our ongoing business relationship with You, or otherwise perform Our contract with You;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Debug products to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if You previously provided informed consent;
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on Your relationship with Us;
  • Comply with a legal obligation; or
  • Make other internal or lawful uses of that information that are compatible with the context in which You provided it.

 

To exercise the access, data portability, deletion rights, and other rights described in this Section 4, the User must submit a verifiable consumer request to the Company by either:

Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable consumer request to the Company related to Your Personal Information. You may also make a verifiable consumer request on behalf of Your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows the Company to reasonably verify that You are the person about whom We collected Personal Information or an authorized representative.
  • Describe Your request with sufficient detail that allows the Company to properly understand, evaluate, and respond to it.

The Company cannot respond to Your request or provide You with Personal Information if the Company cannot verify Your identity or authority to make the request and confirm the Personal Information relates to You. Making a verifiable consumer request does not require You to create an account with us. The Company will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

If You send a verifiable consumer request from You as set forth in Section 4.4 above, the Company will endeavor to respond to such verifiable consumer request within forty-five (45) days of its receipt. If We require more time (up to a total aggregate of 90 days), the Company will inform You of the reason and extension period in writing. If You have an account with Us, We will deliver our written response to that account. If You do not have an account with Us, We will deliver Our written response by mail or electronically. Any disclosures We provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response We provide will also explain the reasons We cannot comply with a request, if applicable. For data portability requests, We will select a format to provide Your Personal Information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to Your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If We determine that the request warrants a fee, We will tell You why We made that decision and provide You with a cost estimate before completing Your request.

The Company will not discriminate against You for exercising any of Your rights under the CCPA. Unless permitted by the CCPA, We will not:

  • Deny You goods or services;
  • Charge You different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide You a different level or quality of goods or services; or
  • Suggest that You may receive a different price or rate for goods or services or a different level or quality of goods or services.
  1. CERTAIN ADDITIONAL CHOICES YOU MAY HAVE ABOUT YOUR INFORMATION  
    • Once We receive Your Opt Out notice, We will use commercially reasonable efforts, in a commercially reasonable time period, to try to carry out such Opt Out request, provided, however, We do not have any obligation to retrieve, and cannot prevent the further use by others of, any of Your Personal Information which may have been shared up to that time by Us with other parties as permitted by the provisions of this Privacy Policy.
    • If You elect to Opt Out, and provided You properly delivered Your Opt Out request to the Company in accordance with this Section 5.2, You will no longer receive emails directly from Us after a commercially reasonable time from the date You sent Your Opt Out notice to the Company, provided, however:

(i)  The Company does not have any obligations under, or liability arising out of, this Privacy Policy with regard to Your decision to share Your Personal Information with, or use by, any other internet websites, forums, or programs that You may have linked to via the Company Website which are not under the Company’s direct control or ownership. Accordingly, after sending Your Opt Out to the Company, You may need to contact these other entities directly regarding their use of Your Personal Information  (see Section 8 regarding Third Party Sites).

(ii) If You Opt Out of receiving future communications, You may still be sent certain transactional communications related to the purchase or shipment of those items. For example, if You placed an order online, We will send You an email confirming Your order and may need to contact You by phone, email and/or regular mail if We have questions about Your order.

(iii) Even after You Opt Out, We may send You messages if we are required to do so by law.

  1. ENFORCEMENT OF THIS PRIVACY POLICY BY COMPANY.

Each User confirms and agrees that by the User’s act of using any of the Company Programs, including without limitation uploading any of the User’s Personal Information or any other content via any Company Program, the User: (a) unconditionally agrees to all of the terms and conditions of this Privacy Policy; and (b) further agrees that no provision of this California Privacy Policy shall limit, condition, alter, or amend, in any way whatsoever, any rights that User may have separately granted to the Company pursuant to any other agreement that the User may have separately entered into with the Company.

  1. 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.

  1. 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 which 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.

THIS PRIVACY POLICY ONLY APPLIES TO THE COMPANY WEBSITE AND THE OTHER COMPANY PROGRAMS DIRECTLY OWNED BY THE COMPANY.  THEREFORE, THIS PRIVACY POLICY: (A) DOES NOT DESCRIBE THE PRIVACY POLICIES OF ANY OF THESE THIRD PARTY SITES; AND (B) DOES NOT GOVERN THE COLLECTION OR USE OF YOUR PERSONAL INFORMATION BY THE THIRD PARTY SITES. THE COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OF ANY OF THESE THIRD PARTY SITES.  IF A USER CLICKS ON A LINK TO, OR IS SENT TO A LINK OF, OR OTHERWISE GAINS ACCESS TO, A THIRD PARTY SITE, THE USER SHOULD REVIEW THE PRIVACY STATEMENTS OR POLICIES OF SUCH THIRD PARTY SITES (IF ANY) TO DETERMINE THAT PARTICULAR THIRD PARTY SITES’ PRACTICES WITH REGARD TO THE COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION. 

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.

  1. ADDITIONAL NOTICE UNDER THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION (“GDPR”).

Data Subjects (as such term is defined in the GDPR 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), to obtain from Us confirmation as to whether or not Personal Data (as such term is defined in the GDPR) 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 Your 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), to  request 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”), to request the deletion of the Data Subject’s 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),  to demand the restriction of the Processing of the Data Subject’s 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), the right of the Data Subject to receive his/her 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), the Data Subject’s right to withdraw, at any time, the Data Subject’s once granted consent. As a result, We are no longer 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), the right of the Data Subject 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.
  1. NOTICE TO CANADIAN RESIDENTS

Canadian residents are entitled to receive certain information about the collection, use and disclosure of their Personal Information. We collect, use, and disclose your Personal Data with Your consent, which may be express or implied. You may withdraw Your consent to the use and disclosure of your Personal Information by contacting us as specified below in the “Contacting Us” section of this Privacy Policy.

  1. CROSS-BORDER DATA TRANSFERS

Information, including information collected in the European Economic Area (“EEA”) may be transferred, stored and processed by us and our services providers in the United States and other countries whose data protection laws may be different than the laws of your country. We will protect your Personal Data in accordance with this Privacy Policy wherever it is processed and take appropriate steps to protect the information in accordance with applicable laws.

If you live in the EEA, or a similar international area, you may have additional privacy rights available to you under applicable laws. We will process your requests in accordance with applicable data protection laws. If you would like to exercise any of the below rights, please contact: customerservice@motherdenim.com so that we may consider your request in accordance with applicable law:

  • Right not to provide or withdraw consent: You have the right not to provide or withdraw your consent at any time.
  • Right of access: You may have the right to access the Personal Data that you provided us.
  • Right of erasure: You may have the right to the erasure of Personal Data that we hold about you.
  • Right to object to processing: You may have the right to request that we stop processing your Personal Data and/or to stop sending you marketing communications.
  • Right to rectification: You may have the right to require us to correct any of your Personal Data.

 

  1. YOUR U.K. PRIVACY RIGHTS

Users from the United Kingdom (U.K). have the right to ask us to amend or limit the processing of their Personal Data, (as defined by U.K. law) and in particular, not to process their Personal Data for marketing purposes. We will inform you (before collecting your personal data) if we intend to use your Personal Data for such purposes or if we intend to disclose your Personal Data to any third party for such purposes. You can exercise your rights to prevent such processing by checking certain boxes on the forms we use to collect your Personal Data. You can also exercise the right at any time by contacting us at:  privacy@motherdenim.com.  The U.K. Data Protection Act 1998 (“the DPA 1998”) gives users from the U.K. the right to access information held about you. Your right of access can be exercised in accordance with the DPA 1998. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

  1. SUSPICIOUS EMAILS 

 Identity theft and “phishing” are of great concern to us.  Please note that MOTHER will not, at any time, ask you to provide your Personal Data or other personal information in a non-secure or unsolicited email. If you receive such an email, please contact us to bring it to our attention. For more information about phishing, visit the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing.

  1. UPDATES TO THIS POLICY 
We reserve the right to update, change, amend or modify this Privacy Policy at any time and from time to time without prior notice, and We may apply any change in the Privacy Policy to information previously collected, as permitted by law.  Please review our Privacy Policy before you provide any Personal Data and periodically on an ongoing basis..  YOU HEREBY AGREE THAT YOU ARE BOUND BY THE VERSION OF THIS PRIVACY POLICY THAT IS IN EFFECT AT THE TIME YOU FIRST USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM. THE TERMS OF THIS PRIVACY POLICY MAY BE DIFFERENT THE NEXT TIME YOU USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM.  ANY USE OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM BY YOU AFTER SUCH AMENDMENT(S) SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY THE USER OF THE AMENDMENT(S) FOR USE OF ALL COMPANY PROGRAMS.  EACH USER SHOULD REGULARLY REVIEW AND PRINT THIS PRIVACY POLICY FOR THE USER’S RECORDS.
  1. CONTACTING US
Mother, LLC 

2221 East Washington Boulevard
Los Angeles, California 90021
P (323) 923-5941 – Monday through Friday 8:30 am to 5:30 pm (PST)

customerservice@motherdenim.com