PRIVACY POLICY

DATA SOURCES

We obtain data about you:

When you interact with our physical locations:

• Contact information, such as your name, address, phone number, and e-mail address;
• Video recordings and photographic information of you when you visit one of our stores;
• Purchase information, such as the items you purchase, billing and shipping address, and contact information;
• Preference information, such as your contact and marketing preferences, and brand and merchandise interests;
• Demographic information, which may include age or birthdate, gender, ZIP code, and other information about you;

When you contact us or receive communications from us:

• Call recordings including information about your call and that you share when you call us on the phone;
• Records and copies of your correspondence (including e-mail addresses and Twitter handles), if you contact us.
• You interactions with e-mails that we send to you, which may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), operating system, date/time stamp, and/or clickstream data.

From other sources:

• If you share from the Site or post a comment or other content with a friend/contact on social media, we may collect your friend’s/contact’s name;
• We may receive information about you and your activities on and off the Site from third-party partners, such as information from a partner when we jointly offer services or from an advertiser about your experiences or interactions with them. We may add this information to the information we have already collected from you in order to improve the products and services we provide.

   

For more information on how to review or update your data preferences, please review the “Your Right to Access or Correct Personal Information” Section below.

 

CATEGORIES OF SOURCES FOR PERSONAL INFORMATION WE COLLECT ABOUT YOU

We collect information through various categories of sources. For example, we collect and obtain information:

• You provide, such as when you make a purchase, interact with a salesperson, visit or contact us, register for an online account, respond to a survey, engage in a promotional activity, register to attend an event or appointment, apply for employment, or sign up for e-mails or marketing information;
• During store visits, as noted above, and video recordings and photographs that we collect for security, fraud, loss prevention, incident reporting, and operational purposes;
• From mobile devices if you have installed our mobile application on your device;
• From affiliated brands and companies;
• From social media platforms and networks that you use in connection with our website or mobile application, or that share or allow you to share information with us, such as Facebook, Twitter, Pinterest, and Instagram. Please review the privacy policies and settings of the social media platforms and networks that you use; and
• Using cookies and automatic collection methods. For example, we and third parties we work with may collect information from the computer, tablet, phone, or other device: that you install our mobile application on; that you use to access our website; or that you use to open an e-mail or click on an advertisement from us. This collection includes automatically collected information, and generally does not include personal information unless you provide it through our mobile application or website or you choose to share it with us. For more information on our use of cookies, see below.
• Information provided by third parties. To the extent allowed by applicable law, we may collect personal information about you from other third-party sources. We may maintain this information or associate it with personal information we already have about you. This information helps us to improve our Site, to deliver better and more personalized products and services, to update, expand, and analyze our records, identify new customers, and provide products and services that may be of interest to you. To the extent we combine such third-party information with information we already have about you, we will treat the combined information in accordance with this Privacy Policy. Third-party sources we may use vary over time, but may include:
• Data brokers from which we purchase demographic data to supplement the information we collect;
• Social networks when you reference our products or services or grant permission to Forty Five Ten to access your data on one or more of these services.
• Our partners with whom we may offer co-branded services or engage in joint marketing activities.
• Publicly-available sources or data in the public domain.
• From public sources or purchased from third parties. Examples of the types of personal information that may be obtained from public sources or purchased from third-parties and combined with information we already have about you, may include:
• Contact information about you from third-party sources to verify your address so we can better recognize your preferences, prevent fraud, or communicate with you, or
• Data acquired from third-parties, such as social networking sites and affiliated brands, which is combined with information we already have about you, to create more tailored advertising and experiences.

OUR PURPOSE FOR COLLECTING INFORMATION

We use the information that we collect to conduct our business, deliver the Site, and to provide you with the best possible user experience. We may use the information in the following ways.

To Provide Services:

• To present the Site and its contents to you and allow you to participate in interactive features on the Site (including promotions);
• To fulfill your orders and process your payments and other transactions requested by you and to send you confirmation regarding the foregoing;
• To provide you with information regarding our products and services that we think you will like;
• To respond to you, such as when you: place an order, call us, make a request or inquiry, complete a survey, or share a comment or concern;
• To personalize your experiences with us and the Site, including remembering your interests and preferences, customizing the products and services we share with you, facilitating your interactions with our salespeople, and tracking and categorizing your activity and interests on our Site and mobile application;
• To send you marketing communications, communicate with you about our products or services, respond to you when you contact us and let you know about our policies and terms;
• To carry out our obligations and enforce our rights that arise from any contracts entered into between you and us, including for billing and collection;
• To provide you with notices about your account or subscription, including expiration and renewal notices;
• To create a list of actual and prospective users and subscribers for our products or services;
• To comply with any legal or regulatory obligations;
• For analytics to improve our Site and business processes, to detect and prevent fraud, and for any other business purpose that is permitted by law; and
• For any other purpose for which you provide your consent.

To Process Transactions:

We use third-party payment processors to process payments made to us. In connection with the processing of such payments, we do not retain any financial information such as credit card numbers. Rather, all such information is provided directly to our third-party processors and is governed by those third-party processors’ privacy policies. We only use payment processors who are PCI-compliant. Our third-party processors currently include Shopify payments (their privacy policy may be viewed at (https://www.shopify.com/legal/privacy) and Bank of America Merchant Services (their privacy policy may be viewed at https://merch.bankofamerica.com/about-us/privacy-policy/).

For Data Retention:

Subject to applicable law, we may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements. We may not remove your Personal Information when there is a legal storage requirement, such as accounting rules or when there are other legal grounds to keep the data, such as an ongoing contractual relationship.

CATEGORIES OF THIRD PARTIES WITH WHOM WE SHARE PERSONAL INFORMATION

We do not sell your personal information to third parties; however, we do share personal information with third parties for other purposes. We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

 

• Business Partners and Affiliated Companies.We disclose personal information and other data with select partners who provide goods, services and offers that enhance your experience at Forty Five Ten, or that we believe will be of interest to you.

   

• Service Providers.We disclose personal information and other data to third-party service providers for the purposes described in this Privacy Policy. Examples of service providers include companies that provide website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, marketing, auditing and other services. Examples includeMeta and Google Analytics.

   

• Linked Accounts and Promotional Activity. We partner with certain third parties that allow you to enroll in their services or participate in their promotions. When you enroll in those services, we disclose your personal information and other data to those third parties. Data shared in this way will be governed by the third party’s privacy policy and not this Privacy Policy. Examples include Facebook, and Instagram.

   

Corporate Reorganization. We may disclose or transfer your personal information and other data to a third party in the event of any reorganization, merger, acquisition, sale, joint venture, assignment, transfer or other disposition of all or any portion of the Forty Five Ten’s business, assets or stock (including any bankruptcy or similar proceedings).

OTHER USES AND DISCLOSURES

We will use and disclose personal information as we believe to be necessary or appropriate: (a) to comply with applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including authorities outside your country of residence and to meet national security or law enforcement requirements; (d) to enforce our Terms and Conditions of Service and other agreements; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of Forty Five Ten, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

 

AGGREGATE, DE-IDENTIFIED DATA

We also collect, use, and share aggregated and de-identified data such as statistical or demographic data for any purpose at our discretion. Aggregate and de-identified data could be derived from your personal information but will not directly or indirectly reveal your identity. If we combine or connect aggregate or de-identified data with your personal information so that it could be used to directly or indirectly identify you, we would treat such combined data as personal information, which will be used in accordance with this policy.

 

DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE

In the preceding twelve (12) months, Forty Five Ten has disclosed the following categories of personal information for a business purpose:

• Identifiers

• Personal information (under California statute).

• Protected classification characteristics (under California or federal law).

• Commercial information.

• Internet or other similar network activity.

• Geolocation data.

• Sensory data.

• Inferences drawn from other Personal Information.

We disclose your personal information for a business purpose to the following categories of third parties:

• Affiliates
• Service providers
• Third parties to whom you authorize us to disclose your personal information in connection with products or services we provide you.
  
  

YOUR RIGHTS AND CHOICES REGARDING YOUR PERSONAL INFORMATION

By using our Site, to the maximum extent permitted by applicable law, you expressly give your consent for the collection and use of your personal information in compliance with this Privacy Policy. This does not affect lawful processing under applicable laws based on other legal bases such as contractual obligation, compliance with applicable laws, and legitimate purposes.

Right to Opt-Out

Forty Five Ten offers Site visitors a means to choose how we use the information provided. If you receive a marketing communication or promotion from us, you may opt-out of these communications at any time (i) by following the unsubscribe instructions included in the promotion (if sent by e-mail), or (ii) sending us an e-mail at the address noted in the Contact Information section above. If you are a California resident please see the contact options in “California Residents’ Exercising Access, Data Portability and Deletion Rights” below.

Right to Access or Correct Personal Information

You have the right to access and correct your personal information. If you want to review or correct your personal information, you can login to the Site and visit your account profile page, or you may send us an e-mail at the address noted in the Contact Information section above.

CALIFORNIA RESIDENTS’ EXERCISING ACCESS, DATA PORTABILITY AND DELETION RIGHTS

California residents have the right to request that Forty Five Ten disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• 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 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).
• Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that Forty Five Ten delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers 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 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.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

If you are a California resident to exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Calling us Toll Free at 1-866-4-OPT-OUT #298 [1-866-467-8688 #298].

Emailing ccpa@fortyfiveten.com.

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 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 us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we 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. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we 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, at your option.

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.

Non-Discrimination

We will not discriminate against you for exercising any of your Personal Information rights. Unless permitted by applicable law, 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.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

OUR POLICY ON "DO NOT TRACK" SIGNALS AND THIRD-PARTY WEBSITE TRACKING UNDER THE CALIFORNIA ONLINE PROTECTION ACT (CalOPPA)

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

 

YOUR CALIFORNIA PRIVACY RIGHTS

Under California law, a California resident with whom Forty Five Ten has an established relationship has the right to request certain information with respect to the types of personal information Forty Five Ten has shared with third parties for their direct marketing purposes (if any), and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. In response to a written request, Forty Five Ten is allowed to provide a cost-free means to opt-out of such sharing.

Since Forty Five Ten does not provide your Personal Information to third parties for their direct marketing purposes, it is not necessary for us to establish this procedure.  

CHILDREN’S PRIVACY

Our Site and services are not intended for children under the age of 13. No one under age 13 years old may provide any personal information to or on the Site. We do not knowingly collect, maintain, or use personal information from children under the age of 13. If you are under 13 years old, do not use or provide any information on our Site, make any purchases through the Site, or provide any information about yourself to us, including your name, address, telephone number, or e-mail address. If we learn we have collected or received personal information from a child under 13 years old, we will promptly delete that information from our records.

INFORMATION SECURITY

Forty Five Ten will maintain appropriate technical and organizational security measures designed to protect your personal information from accidental loss, unauthorized use, alteration, or disclosure. Although we implement and maintain security measures that are appropriate for our business activities, please be aware that no security measures are perfect or impenetrable and any transmission of personal information is at your own risk. If you have questions regarding the security of your personal information, you can contact us at help@fortyfiveten.com.  

COOKIES AND TRACKING TECHNOLOGIES

Like most website operators, Forty Five Ten and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our websites. Additionally, some Internet browsers have a "do not track" feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are currently not set up to respond to such signals.

We use session Cookies that expire at the end of a browser session (from when a user opens the browser window to when they exit the browser) and persistent Cookies which remain on your hard drive until you erase them or they expire. How long a persistent Cookie remains on your browser depends on how long the visited website has programmed the Cookie to last or they can be stored for longer.

We use Cookies for different purposes, including tracking your consent for various services, personalizing content, and targeting advertisements.

To the extent permitted by applicable law and with your consent, we may permit third parties to collect user personal information over time or across third-party websites, and we may permit third parties to gather personal information passively on our websites for behavioral advertising purposes. Examples include Google Analytics.

CHANGES TO THIS POLICY

Forty Five Ten reserves the right to modify this Privacy Policy at any time. It is our policy to post any changes we make to this Privacy Policy on this page and the changes will be effective upon Forty Five Ten’s publication of the updated Privacy Policy except as described below. If Forty Five Ten makes material changes to how we treat your personal information, we will notify you by e-mail (sent to the e-mail address specified in your account) or by means of a notice on our Site thirty (30) days prior to the change becoming effective. However, changes made to comply with applicable laws will be effective immediately. You are responsible for ensuring we have an up-to-date e-mail address for you and periodically visiting this page to check for any changes to our Privacy Policy. Your continued use of the Websites and the Services expressly indicates your acceptance of Forty Five Ten’s then-current Privacy Policy and your consent to Forty Five Ten’s collection of personal information in accordance with the then-current Privacy Policy.

If you have questions or concerns about this Privacy Policy, please contact Forty Five Ten using the information in the Contact Information section above. The date this Privacy Policy was last revised is identified at the top of the page.

WEBSITE LOCATION, TRANSFER AND PROCESSING

THE SITE IS OPERATED BY FORTY FIVE TEN IN THE UNITED STATES, AND PERSONAL INFORMATION WILL BE PRIMARILY STORED IN THE UNITED STATES. BY PROVIDING PERSONAL INFORMATION TO US, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT WE COLLECT, MAINTAIN, PROCESS AND TRANSFER SUCH INFORMATION IN AND TO THE UNITED STATES AND OTHER COUNTRIES AND TERRITORIES, PURSUANT TO THE LAWS OF THE UNITED STATES OR SUCH OTHER JURISDICTIONS, WHICH MAY PROVIDE LESSER PRIVACY PROTECTIONS THAN EUROPEAN ECONOMIC AREA COUNTRIES, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT YOUR INFORMATION MAY THUS BE SUBJECT TO U.S. FEDERAL AND TEXAS STATE LAW AND OTHER FOREIGN LAWS AND ACCESSIBLE TO U.S. AND FOREIGN GOVERNMENTS, COURTS, LAW ENFORCEMENT AND REGULATORY AGENCIES. BECAUSE FORTY FIVE TEN IS LOCATED IN THE UNITED STATES, THESE DATA TRANSFERS TO THE UNITED STATES ARE NECESSARY TO PROVIDE THE SITE AND SERVICES TO YOU AS SET FORTH IN OUR TERMS OF SERVICE AND TO OPERATE OUR WEBSITE. WHEN APPLICABLE, WE WILL OBTAIN YOUR CONSENT FOR THESE DATA TRANSFERS TO THE UNITED STATES.

DISPUTE RESOLUTION

If you have an unresolved privacy or data use concern that Forty Five Ten has not addressed satisfactorily, please contact help@fortyfiveten.com.

 

Last Updated: January 1, 2022