In this respect, California residents should consult the section titled “Your California Privacy Rights” for rights that apply to them.
Further, residents of the European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), and of the United Kingdom and Switzerland, should consult the sections of this policy relating to the “Rights of EEA Residents” and “International Data Transfers” for provisions that may apply to them.
Finally, residents of other countries outside the United States should consult the sections of this policy relating to “International Data Transfers.
WHAT INFORMATION DO WE COLLECT AND HOW DO WE USE IT?
Emerge collects personal data about you when you visit a Site. “Personal Information” is information that may be used to directly or indirectly identify you, including your name, email address, physical address, phone number or other information about you. The majority of such Personal Information is collected when you register with a Site, use our services or purchase products offered through a Site (collectively, the “Services”), subscribe to updates, sign up for our mailing list or otherwise provide us with your contact information. Some of this Personal Information will be required if you wish to partake in the Services that we provide, including making purchases of products through the Site.
We do not sell your Personal Information to anyone. We use your Personal Information only for purposes of operating the Sites, providing the Services, and as further detailed below. Notwithstanding any of the below, we will not share your Personal Information if such sharing is prohibited by applicable privacy and data protection law, including, without limitation, the California Consumer Protection Act (“CCPA”) and the General Data Protection Regulation (“GDPR”).
We do not collect the following categories of Personal Information, as defined under the CCPA, through our Site: biometric information; geolocation data; audio, electronic, visual, thermal, olfactory, or similar information; professional or work-related information; education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g; 34 C.F.R. Part 99); or inferences drawn from other Personal Information.
Under the California Privacy Rights Act (“CPRA”), businesses are required to provide details regarding the collection of any sensitive personal information. We do not collect any sensitive personal information as that term is defined under the CPRA.
To perform our Services
We use your Personal information to make our Services available to your through our Sites, including to enable you to log in to the Site and to fulfil your orders. Such Personal Information may include your name, contact details such as email address, and payment information if you are making a purchase. It may also include Personal Information that is automatically collected about you, please see further details below.
As part of our Services, you can make purchases through certain of our Sites. The store on our Site is hosted by Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to provide Services to you, including the purchase of our Products. When you make a purchase, your Personal Information is stored through Shopify’s data store, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall.
To communicate with you
We use your Personal Information, such as your name and email address, to send you information about our Services, to respond to you when you contact us, to contact you regarding your purchases or to solicit your feedback, as a part of secondary fraud protection, and other information.
If you provided us with an email address, we may also send newsletters, surveys, special offers, and other promotional materials related to our Services and for other marketing purposes. Depending on your location, we may ask for your consent to receive such communications. For all users, you may “opt-out” from receiving such communications by following the “Unsubscribe” instructions provided in the email.
If you purchase Services from us, we may send you communications regarding such purchases. We may also send communications providing customer support or responses to questions regarding the operation of the Services. Generally, you may not opt out of such emails.
Personal Information Collected Automatically Through Cookies
This data may be used to display information about our Services and Products on websites operated by third parties.
The Personal Information we may collect in this regard includes: your Internet Protocol (IP) address, browser type, and internet service provider (ISP); your operating system; which of our web pages you access and how frequently you access them; referral or exit pages; click stream data; and the dates and times that you visit the Site.To improve the Sites and the Services
We use certain Personal Information we collect to improve the Sites and Services, and to develop new services and benefits for our users. We generally do this by aggregating certain Personal Information collected. We may use such Personal Information to improve our Sites’ usability and to evaluate the success of particular marketing and advertising campaigns, search engine optimization strategies, and other marketing activities. We also use it to help optimize our Sites based on the needs of our users.
For legal purposes
We may process any of your Personal Information that we believe, in good faith, appropriate or necessary to comply with a law, regulation, judicial proceeding, court order, legal process, law enforcement, or governmental request; to assert legal rights or defend against legal claims or allegations or otherwise take precautions against liability; to assist government enforcement agencies; to protect the security or integrity of the Sites or our Services, or to protect the rights, property; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical or personal safety of any person including Emerge, its users, issuers, or others.
Connecting through social media networks
Contests and submitted materials
Emerge may ask you for certain Personal Information, such as your name, address, contact telephone number and email address, when you enter into an online competition through one of our Sites. By submitting this Personal Information, and to the extent relevant in the jurisdiction you are located, you are consenting to the collection and processing of your Personal Information for purposes of the online competition. We will retain your details in order to carry out the online competition, to contact you about the prize and/or notify you about the final winner. For the purposes of administering the online competition, the collection, use and processing of personal data may be completed by Emerge, its group companies or other third parties. We require this Personal Information for the purposes of administering the online competition, verifying eligibility and for fulfilment, delivery and arrangement of the prize. We may also contact you to follow up with you after the online competition, to provide you with information about Emerge’s products and services and to inform you of future competitions. You can opt-out of any such communications.
SHARING YOUR INFORMATION
We may disclose your Personal Information for the purposes described below. We will never share your Personal Information unless it is necessary for us to do so.
Third parties providing services
We may disclose your Personal Information to third parties in order to perform Services you request, including through our Sites. We work with a number of trusted partners who perform vital functions as part of our operations, including establishing an account, processing payments for orders, and fulfilling orders. We may also engage third parties to help us carry out certain other internal functions such as account processing, client services, or other data collection relevant to our business.
Personal Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services. Our partners are legally required to keep your Personal Information private and secure.
Contests and submitted materials
Emerge may ask you for your [name, address, contact telephone number and email address] when you enter into an online competition. By submitting this information, you are consenting to the collection and processing of your Personal Information for purposes of the online competition. We will retain your details in order to carry out the online competition, to contact you about the prize and/or notify you about the final winner. For the purposes of administering the online competition, the collection, use and processing of personal data may be completed by Emerge, its group companies or other third parties. We require this information for the purposes of administering the online competition, verifying eligibility and for fulfilment, delivery and arrangement of the prize. We may also contact you to follow up with you after the online competition, to provide you with information about Emerge’s products and services and to inform you of future competitions.
We may share your Personal Information with third parties, which we partner with, for example on a promotion or competition. Such partners will process your Personal Information in accordance with their own privacy policies, which we encourage you to read.
For corporate restructuring
We may share some or all of your Personal Information in connection with or during a merger, financing, consolidation, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets, or in the unlikely event of bankruptcy. If another company acquires our company, business, or assets, that company will possess the Personal Information we collected and will assume the rights and obligations regarding your Personal Information as described in this Privacy Notice.
For legal purposes
We may share any of your Personal Information that we believe, in good faith, appropriate or necessary to comply with a law, regulation, judicial proceeding, court order, legal process, law enforcement, or governmental request; to assert legal rights or defend against legal claims or allegations or otherwise take precautions against liability; to assist government enforcement agencies; to protect the security or integrity of the Sites or our Services, or to protect the rights, property; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical or personal safety of any person including Emerge, its users, issuers, or others.
With Social Networks
We may share your Personal Information with Social Networks for the reasons described above.
With group companies
We may share your Personal Information with group companies if necessary for the performance of the purposes described above.
If you ask us to
We may share your Personal Information because you ask us to.
YOUR OPTIONS REGARDING YOUR PERSONAL INFORMATION
As described above, we may periodically send you free newsletters and other e-mails to the e-mail address that you provided that directly promote the use of our Sites or Services. You may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly via email or mail.
Emerge does not sell, trade or license Personal Information about its users for marketing purposes, except with third parties for research for cooperative marketing purposes. Those third parties will not use your Personal Information to contact you directly. If you do not want to have your data shared with third parties, please contact us at info@EmergeApparel.gg with the subject line “Opt Out of Third Party Data Sharing” or mail us at Emerge, Privacy Compliance, 7342 Sardis Rd. Charlotte, NC 28270
Change or Delete Your Personal Information
We ask that you keep the Personal Information that you provide to us current, accurate, and complete and that you correct any Personal Information you have provided to us by contacting us at info@EmergeApparel.gg. You represent and warrant that all Personal Information you provide to us is true and correct and relates to you and not to any other person.
You may contact us at info@EmergeApparel.gg to request to review, update, correct or delete Personal Information or your account. We will take steps to review, update, correct or delete your Personal Information or account as soon as we can, but some Personal Information may remain in archived/backup copies for our records or as otherwise required by law.
For details on further rights you may have based your jurisdiction, please see “Your California Privacy Rights” and “Residents of the EEA, the United Kingdom and Switzerland” below, or contact us at info@EmergeApparel.gg.
In determining this, we will be considerate of the amount, nature and sensitivity of the Personal Information, the potential risk of harm to the Personal Information, and whether our purposes can be achieved through other means.
We take commercially reasonable steps to protect our customers’ Personal Information against unauthorized access, disclosure or loss. However, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while we strive to protect Personal Information and any other user information we cannot ensure or warrant the security of any information you transmit to us or from the Site. You engage in such transmissions at your own risk.
If you have a security-related concern, including if you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at info@EmergeApparel.gg.
No portion of our Sites are directed to children under the age of 13. Consequently, we do not knowingly collect Personal Information from any person we know under the age of 13. If we learn that a child under 13 has submitted Personal Information to us through any part of our Site, we will delete this Personal Information as soon as practical. If you are a parent or guardian of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at info@EmergeApparel.gg.
LINKS TO OTHER SITES
YOUR CALIFORNIA PRIVACY RIGHTS
The following section pertains to the rights of individuals or households in California (“California consumers”).
Civil Code Section 1798.83
Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.
Rights Under the CCPA and the CPRA
The CCPA (California Civil Code Section 1798.100 et seq.) provides California consumers with additional rights regarding Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The categories of Personal Information we collect are generally described above but differ for individual consumers depending on the Services used by such consumers.
Right to Know and Right to Delete
A California consumer has the right to request that we disclose what Personal Information we collect, use, disclose and sell. A California consumer also has the right to submit requests to delete Personal Information.
When we receive a request to know or delete from a California consumer, we will confirm receipt of the request within 10 business days and provide information about how we will process the request, including our verification process. We will respond to such requests within 45 days.
Right to Correct
Under the CPRA, effective January 1, 2023, California residents have the right to request that we correct any inaccurate personal information we maintain about you, taking into account the nature of the personal information and the purposes for which we are processing such personal information. We will use commercially reasonable efforts to correct such inaccurate personal information about you.
Right to Opt-Out of Sale or Sharing
Under the CCPA, California residents have the right to opt-out of the sale of their personal information. Please note we do not sell personal information and we do not knowingly sell the personal information of any individuals under the age of 16. Under the CPRA, which becomes effective on January 1, 2023, California residents also have the right to opt-out of the sharing of their personal information. As mentioned above, we share your personal information with our service providers, our business partners, and with legal/regulatory authorities when we are required to do so. If you have any questions regarding your rights to opt out of the sharing of your personal information, please contact us at [TBD]. We do not engage in cross-context behavioral advertising or profiling.
Right for Disclosure of Personal Information
A California consumer may also submit requests that we disclose specific types or categories of Personal Information that we collect.
Under certain circumstances, we will not provide such Personal Information, including where the disclosure creates a substantial, articulable and unreasonable risk to the security of that Personal Information, customers’ accounts with us, or the security of our systems or networks. We also will not disclose California consumers’ social security numbers, driver’s license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, or account passwords and security questions and answers.
If you are a California consumer and would like to make any requests under the CCPA, please direct them as follows: Emerge, Privacy Compliance, 1800 N. Highland Avenue, Suite 600, Los Angeles, California 90028; info@EmergeApparel.gg
If we receive any request, we will use a two-step process for online requests where the California consumer must first, clearly submit the request and then second, separately confirm the request. We will use other appropriate measures to verify requests received by mail or telephone.
In submitting a request, a California consumer must provide sufficient information to identify the consumer, such as name, email address, home or work address, or other such information that is on record with us so that we can match such information to the Personal Information that we maintain. Do not provide social security numbers, driver’s license numbers, account numbers, credit or debit card numbers, medical information or health information with requests. If requests are unclear or submitted through means other than as outlined above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies. If we cannot verify the identity of the requestor, we may deny the request.
California Do Not Track Disclosures
Although some browsers currently offer a “do not track (‘DNT’) option,” no common industry standard for DNT exists. We therefore do not currently commit to responding to browsers’ DNT signals.
RESIDENTS OF THE EEA, THE UNITED KINGDOM AND SWITZERLAND
All processing of Personal Information of EEA Residents is performed by Emerge in accordance with the privacy laws applicable in those jurisdictions including the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Information and on the free movement of such data (“GDPR”) and the GDPR as it is enacted in the UK.
Under applicable law, Emerge. is the controller of the Personal Information of EEA Residents. If you would like to contact Emerge, please use the contact details at the end of this policy.
We only process your Personal Information where it is lawful to do so and in accordance with the purposes described above. When doing so, we rely on the following lawful bases:
- Consent: we may seek your consent to process your Personal Information, for example to send you marketing communications.
- Contract: we may process your Personal Information when necessary for the performance of the contract that we are party to with you, for example, the terms and conditions you may accept when using our Services.
- Legal obligation: we may process your Personal Information when we consider ourselves to be subject to a legal obligation, for example if we are required to respond to a request from an authority.
- Legitimate interests: we may process your Personal Information when we have a legitimate interest do so and this does not override your rights and freedoms. Our legitimate interests are securing our Sites, Services, property, systems, and users, improving our Sites and Services, growing and improving our business and customer relationships, marketing and advertising, resolving disputes, and preventing fraud and abuse.
As an EEA Resident, you may have the following rights with regards your Personal Information:
- The right to request access to, and a copy of, the Personal Information we hold about you, including details as to how we process this Personal Information.
- The right to object to, or restrict, our processing of your Personal Information.
- The right to request that your Personal Information be erased from further use.
- The right to correct, amend, or update Personal Information you have given us (in some instances, where you have an account with us, you can also do this by logging in and updating your Personal Information).
- The right of portability, which allows you to request that we share your Personal Information with others.
- The right to withdraw any consent to processing you have provided us.
At all times, you also have the right to submit a complaint to a data protection regulator in the EEA, UK or Switzerland.
INTERNATIONAL DATA TRANSFERS
If you are resident outside the United States, your Personal Information will be transferred to the United States and may be transferred to other countries outside of the jurisdiction in which you are located. Such countries may not provide levels of protection for your Personal Information equivalent the protection provided by the laws of the jurisdiction in which you are located.For the purposes of such cross-border data transfers, we take steps in accordance with applicable law to ensure your Personal Information is provided equivalent protection, for example, we execute Standard Contractual Clauses with recipients and, where necessary, implement further measures to ensure the Personal Information is subject to equivalent protection.
By providing Personal Information to Emerge for the purpose of obtaining Services, and to the extent relevant in your jurisdiction, you consent to the processing of such data in the United States.