PRIVACY POLICY

INTRODUCTION AND ACCEPTANCE OF POLICIES

Forty Five Ten respects the privacy rights of our users. When you use our Site (as defined below), we receive information that may directly or indirectly identify you (“personal information” or “personal data”).

This privacy policy (this “Privacy Policy”) governs and describes how Forty Five Ten Retail, LLC and its subsidiaries and affiliates, which includes the stores doing business as Forty Five Ten and 4510/SIX (“Forty Five Ten”, “we,” “us” or “our”) may collect, use, and disclose personal information that we obtain through or from:

  • fortyfiveten.com and all websites within that domain (the “Site”) and mobile applications;
  • information that may be collected during store visits and from other sources as detailed below; and
  • third-party sources such as data brokers, publicly available sources, and our partners.

This Privacy Policy also explains your rights with respect to such information.

Depending on the context of personal information you provide, Forty Five Ten may be the data controller (“controller”) or data processor (“processor”) of your personal information under this policy. Forty Five Ten is a processor of personal information submitted to the Site or collected through the Site.

Your access to and use of the Site is subject to Forty Five Ten’s Terms and Conditions of Use (the “Terms”). Any capitalized terms used but not defined in this Privacy Policy have the meanings provided in the Terms.

 

BY USING, REGISTERING TO, OR OTHERWISE ACCESSING THE SITE, YOU AGREE TO THIS PRIVACY POLICY AND GIVE AN EXPLICIT AND INFORMED CONSENT TO THE COLLECTION, USE AND PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT VISIT, INSTALL, USE, REGISTER TO, OR OTHERWISE ACCESS ANY SERVICES.

This website is operated by Forty Five Ten Retail, LLC. Our privacy policy covers information collected at this website as well as information that may be collected during store visits and from other sources as detailed below. The purpose of this policy is to inform you of how we handle your personal data.

If you are under 18, you must let your parent or guardian know about Forty Five Ten's Privacy Policy before you register to use this Site or any of this Site's services.

 

HOW TO CONTACT US

If you have any questions or comments about this Privacy Policy, the Site, or our privacy practices, including the processing of your personal information, if you would like to exercise your data rights under applicable laws, or if you believe your privacy rights have been violated, please contact us by:

Calling us within the U.S.: 214.559.4510

International: 001.214.559.4510

Or by e-mail: help@fortyfiveten.com


Thank you for visiting our site.

 

INFORMATION WE COLLECT

The types of personal information we collect depend on the nature of your interaction with the Site. In general, we may collect information that identifies you, information about how you use our Site, and the information that you create while you interact with our Site. Information that we collect from you may include the following:

When you register or interact with the Site and/or Site promotions:

  • Contact information, such as your name, address, phone number, and e-mail address;
  • Preference information, such as your contact and marketing preferences, and brand and merchandise interests;
  • Purchase information, such as the items you purchase, billing and shipping address, and contact information;
  • Profile and account information, which may include Contact, Purchase, and Preference information as well as your account password, information about Love List items, items in your online shopping cart or saved for future purchase, gift card, and other information about your profile or account;
  • Demographic information, which may include age or birthdate, gender, ZIP code, and other information about you;
  • Location information of your device that you use with our mobile application, if your device settings allow us to collect location information; and
  • Device and browsing information, including information about your phone, tablet, computer, or device, and online browsing activity including IP addresses, unique device identifiers, cookie identifiers, device, and browser settings and information, and Internet service provider information. Other collected information may include information about when and how you access and use our website or mobile application, such as the date and time of your visit or use, how you navigate and what you search for using our website and mobile application, the website pages and items you view using our website and mobile application, referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data and the items you purchase.


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.

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.

 

HOW WE COLLECT INFORMATION

We collect information on our website, through our mobile application, during calls with you, and in our stores. We also obtain information from you and from third parties. 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 from 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.

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.

 

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.

Re-targeting: in order to provide you with a more customized web experience and to present you with information that may be of interest to you, our advertising partners may seek to use their observed behavior on the Site to deliver targeted ads when you are on other websites.

 

HOW WE USE 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 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.

 

Financial Information

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 Braintree (their privacy policy may be viewed at https://www.braintreepayments.com/legal/braintree-privacy-policy) and Bank of America Merchant Services (their privacy policy may be viewed at https://merch.bankofamerica.com/about-us/privacy-policy/).

 

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.

 

HOW AND WHEN WE SHARE INFORMATION

In general, we do not sell your personal information to third parties; however, we do share personal information with third parties for other purposes. This sharing is based on our relationship with those third-parties, your consent, or legal or contractual obligations that require us to share such information. For example, we may share your information in the following circumstances:

  • We may share your personal information with our affiliated companies and brands to understand your preferences and provide you with information about our affiliates companies that may be of interest to you.
  • We may share your information with third parties who provide services on our behalf to help with our business activities such as technology providers, e-mail service providers, data analyzers, and business intelligence providers for the purpose of enhancing our products and services. These companies are authorized to use your personal information only as necessary to provide these services to us.  These third parties currently may include Pi-Datametrics and Google Analytics.
  • We may share your information with social media platforms and networks such as Facebook, Twitter, Pinterest, and Instagram that offer functionalities, plugins, widgets, or tools in connection with our website or mobile application.
  • We may transfer your personal information to a third party in the event of a transfer of all or some of our assets to a third party, provided that the third party agrees to adhere to terms similar to those of this Privacy Policy and, where required by applicable law, we will provide you with an opportunity to reject the transfer of your Personal Information in such cases.
  • We may access, preserve and share your information in response to a legal request if we have a good faith belief that the law requires us to do so. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; or to prevent death or imminent bodily harm.
  • To enforce or apply our Terms and Conditions of Service and other agreements, including for billing and collection purposes.
  • For any other purpose disclosed by us when you provide the information or with your consent.
  • We may disclose aggregated, non-personal information about website users without restriction.

 

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.  

 

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 basis 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.

 

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.

 

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.

Forty Five Ten does not provide your personal information with third parties for their direct marketing purposes. If you do not want Forty Five Ten to use your personal information to promote our products or services please follow the cost free opt-out procedures in this policy.

 

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.

 

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 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: October 29, 2018

 

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