Privacy Policy

**Privacy Policy**

**Last Updated: August 21, 2023**

This privacy policy (“Privacy Policy”) applies to personal information processed by AWEAR (“AWEAR,” “we,” “us,” or “our”), including through your use of our website located at (www.awear.us) (the “Site”), and our services accessible via the Site and corresponding mobile application (“App”) offered. To make this Privacy Policy easier to read, our websites, App, products, and other offerings are collectively called the “Services.” This Privacy Policy is designed to help you understand how Awear collects, uses, and shares your personal information through your use of the Services. By using our Services, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. Beyond this Privacy Policy, your use of our Services is also subject to our Terms of Service.

**1. UPDATES TO THIS PRIVACY POLICY**

We may update this Privacy Policy from time to time in our sole discretion. We will post any updates to the Privacy Policy on this page. If we materially change the ways in which we use or share personal information previously collected from you through the Services, we will notify you through the Services, by email, or other communication.

**2. PERSONAL INFORMATION WE COLLECT**

The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

**(a) Personal Information You Provide to Us Directly.** We may collect personal information that you provide to us.

(i) **Account Information.** We may collect personal information in connection with the creation or administration of your account, such as your name, email address, phone number, and any other information that you provide to us or that we otherwise collect.

(ii) **Payment Information.** We may collect personal information and details associated with your purchases and product reservations made on the Services, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).

(iii) **Your Communications with Us.** We may collect personal information, such as your name, email address, or phone number when you contact us.

(iv) **Surveys.** We may contact you to participate in surveys. If you decide to participate, we may collect personal information from you in connection with the survey.

(v) **Interactive Features.** We and others who use our Services may collect personal information that you submit or make available through our interactive features (e.g., messaging or chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered public. Please exercise care when deciding what to share.

(vi) **Business Development and Strategic Partnerships.** We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.

(vii) **Conferences, Trade Shows, and Other Events.** We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.

(viii) **Job Applications.** We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us.

**(b) Personal Information Collected Automatically.** We may collect personal information automatically when you use our Services.

(i) **Automatic Collection of Personal Information.** We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during, and after using our Services, items that you search for via the Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.

(ii) **Cookie Policy (and Other Technologies).** We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect information through your use of our Services.

- **Cookies.** Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.

- **Pixel Tags/Web Beacons.** A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

See “Your Privacy Choices and Rights” section below to understand your choices regarding these Technologies.

**(c) Personal Information Collected from Other Sources.**

(i) **Third Parties.** We may collect personal information from third parties. For example, if you access our Services through a third-party application, we may collect personal information about you from that third-party application that you have made available via your privacy settings.

(ii) **Referrals and Sharing Features.** Our Services may offer various tools and functionalities that allow you to provide personal information about other individuals through a referral or sharing feature.

**3. HOW WE USE YOUR PERSONAL INFORMATION**

We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

**(a) Provide Our Services.** We use your personal information to fulfill our contract with you and provide you with our Services, such as:

(i) Managing your information and accounts;

(ii) Providing access to certain areas, functionalities, and features of our Services;

(iii) Answering requests for customer or technical support;

(iv) Communicating with you about your account, activities on our Services, and policy changes;

(v) Processing your financial information and other payment methods for products or Services purchased;

(vi) Processing applications if you apply for a job we post on our Services; and

(vii) Allowing you to register for events.

**(b) Administrative Purposes.** We use your personal information for various administrative purposes, such as:

(i) Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;

(ii) Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;

(iii) Measuring interest and engagement in our Services;

(iv) Improving, upgrading, or enhancing our Services, including training our algorithmic models;

(v) Carrying out analytics;

(vi) Developing new products and services;

(vii) Creating de-identified and/or aggregated information;

(viii) Ensuring internal quality control and safety;

(ix) Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Policy;

(x) Debugging to identify and repair errors with our Services;

(xi) Auditing relating to interactions, transactions, and other compliance activities;

(xii) Sharing personal information with third parties as needed to provide the Services;

(xiii) Enforcing our agreements and policies; and

(xiv) Carrying out activities that are required to comply with our legal obligations.

**(c) Marketing and Advertising our Products and Services.** We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law. If you have any questions about our marketing practices, you may contact us at any time as set forth in the “Contact Us” section below.

**(d) With Your Consent.** We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

**(e) Other Purposes.** We also use your personal information for other purposes as requested by you or as permitted by applicable law.

**4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION**

We disclose your personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

**(a) Disclosures to Provide Our Services.** The categories of third parties with whom we may share your personal information are described below.

(i) **Other Third Parties You Interact With.** The Services may allow you to share personal information or interact with other third parties or individuals. For example, the Services may link to or allow you to interface, interact, share information with, direct us to share information with, access and/or use third-party websites, applications, services, products, and technology (each a “Third-Party Service”). If you do, the information you share will be subject to the Third-Party Service’s privacy policy.

(ii) **Service Providers.** We may share your personal information with our third-party service providers and vendors that assist us with the provision of our Services. This includes service providers and vendors that provide us with IT support, hosting, payment processing, customer service, and related services.

(iii) **Business Partners.** We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information with business partners with whom we jointly offer products or services.

(iv

) **Affiliates.** We may share your personal information with our corporate affiliates.

(v) **Advertising Partners.** We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising”, “personalized advertising”, or “targeted advertising.”

**(b) Disclosures to Protect Us or Others.** We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

**(c) Disclosure in the Event of Merger, Sale, or Other Asset Transfers.** If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, purchase or sale of assets, transition of service to another provider, or other similar corporate transaction, your personal information may be disclosed, sold, or transferred as part of such a transaction.

**5. YOUR PRIVACY CHOICES AND RIGHTS**

**(a) Your Privacy Choices.** The privacy choices you may have about your personal information are determined by applicable law and are described below.

(i) **Email Communications.** If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to this Privacy Policy).

(ii) **Text Messages.** If you receive an unwanted text message from us, you may opt out of receiving future text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us as set forth in the “Contact Us” section below.

(iii) **Mobile Devices.** We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device.

(iv) **“Do Not Track.”** Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

(v) **Cookies and Personalized Advertising.** You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others.

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from organizations that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada. Please note you must separately opt out in each browser and on each device.

**(b) Your Privacy Rights.** In accordance with applicable law, you may have the right to:

(i) **Request Access to and Portability of Your Personal Information**, including: (A) obtaining access to or a copy of your personal information; and (B) receiving an electronic copy of personal information that you have provided to us, or asking us to send that information to another company in a structured, commonly used, and machine-readable format (also known as the “right of data portability”);

(ii) **Request Correction** of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;

(iii) **Request Deletion** of your personal information;

(iv) **Request Restriction** of or **Object** to our processing of your personal information; and

(v) **Withdraw Your Consent** to our processing of your personal information. Please note that your withdrawal will only take effect for future processing and will not affect the lawfulness of processing before the withdrawal.

If you would like to exercise any of these rights, please contact us as set forth in the “Contact Us” section below. We will process such requests in accordance with applicable laws.

**6. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION**

All personal information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your personal information consistent with the requirements of applicable laws. If we transfer personal information which originates in the European Economic Area, Switzerland, and/or the United Kingdom to a country that has not been found to provide an adequate level of protection under applicable data protection laws, one of the safeguards we may use to support such transfer is the EU Standard Contractual Clauses. For more information about the safeguards we use for international transfers of your personal information, please contact us as set forth below.

**7. RETENTION OF PERSONAL INFORMATION**

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. To determine the appropriate retention period for personal information, we may consider applicable legal requirements, the amount, nature, and sensitivity of the personal information, certain risk factors, the purposes for which we process your personal information, and whether we can achieve those purposes through other means.

**8. SUPPLEMENTAL NOTICE FOR NEVADA RESIDENTS**

We do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth in the “Contact Us” section below.

**9. CHILDREN’S INFORMATION**

You must be 18 years or older to use the Services. The Services are not directed to children under 13 (or other age as required by local law outside the United States), and we do not knowingly collect personal information from children. If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us as described in the “Contact Us” section below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account, if applicable.

**10. THIRD-PARTY WEBSITES/APPLICATIONS**

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

**11. CONTACT US**

Awear is the controller of the personal information we process under this Privacy Policy. If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at: contact@awear.us.