ROTHY’S PRIVACY AND COOKIES POLICY

Effective as of Mar 23, 2023.

To see the previous version of the Privacy Policy click here.

Rothy's, Inc. ("Rothy’s", "Company, we, us, our") is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect (a) directly from users of our website, located at https://rothys.com and recipients of our emails, including use of any of our services through a mobile device, mobile application or otherwise (the "Site") and (b) as otherwise indicated in this Privacy Policy. In conjunction with this Privacy Policy, you should also review our Terms of Use Agreement https://rothys.com/pages/terms-of-use for a more complete understanding of the rules governing our Site, products and services.

California and Virginia and Residents: See Section 19 below for important information about our practices and your rights under applicable state privacy laws.

For the purposes of our European customers including the UK: Rothy's is the data controller. In using the Site, you acknowledge your Personal Data will be collected, processed and stored in the USA. Please also see the section "For our Australian and European (including the UK) customers"  below for more information about how we handle your personal data and information about your rights. You can contact Rothy's using the below email address.

1. Questions; Contacting Rothy's; Reporting Violations.

If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address, email or phone number:

Rothy's, Inc. dba Rothy’s

Attn: Customer Support

855 Montgomery Street

San Francisco, CA 94133

USA

(+1) 415-737-6849

Email address is legal@rothys.com. Please mark the subject line “Privacy” so that we can get your email to the right team.

Other local contact numbers:

COUNTRY	PHONE NUMBER
Australia	1800 958 314
Canada	877 201 0837
Ireland	1800 200 364
Italy	800 979 565
New Zealand	0800 467 018
UK	0800 031 8181

 

2. User Acknowledgement.

By submitting Personal Data through our Site or Services, you acknowledge that we handle your Personal Data under the terms of this Privacy Policy, and you understand that our collection, use and disclosure of your Personal Data is as set out in this Privacy Policy. This Privacy Policy also sets out your rights regarding your Personal Data.

3. A Note About Children.

We do not intentionally gather Personal Data from visitors who are under the age of 16. If we learn that we have collected Personal Data through the Site from a child under the age of 16, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under the age of 16, please contact us via the numbers set out at the top of this Privacy Policy or email us at  legal@rothys.com with the subject line “Privacy”.

For Italian Customers: For visitors who are under the age of 14, where consent is required to process the personal data, such consent shall be expressed by the child’s parent/legal guardian.

4. Types of Data We Collect.

“Personal Data” means any information about an identified or identifiable natural person or that otherwise constitutes “personal data” or “personal information” under applicable privacy laws.

For Australian Customers: Reference to ‘Personal Data’ in this Privacy and Cookies Policy is a reference to ‘Personal Information’, as defined under the Privacy Act 1988 (Cth) (Privacy Act).

For New Zealand Customers: Reference to ‘Personal Data’ in this Privacy and Cookies Policy is a reference to ‘Personal Information’, as defined under the Privacy Act 1993 (NZ Privacy Act).

We collect Personal Data from you in a few different ways. For example:

• when you create an account with us and/or make a purchase including gifts and participating in our referral program, through our Site. This includes collecting Personal Data such as: your name, address, telephone number, e-mail address, payment information, the products you purchase, region, birthday and shoe size. Where we collect Personal Data in order to fulfil an order request, we will not be able to process your order request unless you provide certain categories of Personal Data. Where Personal Data is required, this will be indicated on the form collecting your information.
• when you interact with our online offerings, for example, our Site, or through our referral program, our wishlist tool, our gift program, emails and ads displayed on third party sites and also from third parties with which we work to deliver our services including advertising to you.
• When you submit a query or request to us, we will collect your name and contact details.
• When you provide your contact details for the purposes of us sending our promotional emails to you or invite you to carry out a review of our product.

If you visit one of our stores we may collect Personal Data from you and this may be linked to information we also collect online (for instance we allow you to see your off line and online purchases in your online account) or through our email and other marketing campaigns.

We combine Personal Data you provide to us with Personal Data from other sources, such as:

• Data providers, such as information services and data licensors that provide contact, profile, demographic and other information, such as information about your household, interests, educational background and your and your household’s purchasing history. Some of these providers may combine data collected about visitors to our Site through cookies, pixel tags and similar technologies, with email or mailing addresses they have access to help us serve relevant marketing offers to you via email and direct mail.
• Public sources, such as Facebook, Twitter, Instagram and other social media platforms. Personal Data we collect may include photos, posts, likes and your engagement with our content. For instance, we may repost on Instagram a post you make on Instagram in relation to Rothy's and/or our products in our own Instagram feed, with your permission where required by law.

We automatically collect information about you which may be Personal Data through your use of our Site through cookies, pixels, beacons and other technologies, whether or not you are logged into the Site. Information we collect automatically may include general location information (e.g., city/town, state) associated with your IP address, precise geolocation if you permit it through your device, IP address, browser type and operating system, the length of time you visit our Site, where you came to our Site from, which pages you view on our Site, what is in your basket, device ID and device type, and the other information described in Section 6 below. We use this information to deliver country specific content to you, for example, pages of the Site to you, our tailored ads and targeted marketing communications.

5. Use of Your Personal Data.

We use your information, including your Personal Data for the following purposes:

• Recommend to you on the Site, using your email and/or phone number (including via SMS and MMS) products that are available on our Site and in your size to help to promote our business and tailor our advertising to you;
• improve the products offered on the Site (e.g., decide whether to offer larger or smaller sizes) or for research and analytical purposes to help make sure we are producing products that serve our customer base, for example, by keeping a record of the sizes of shoe, colors and styles, which are ordered and how this changes over time;
• share messages with you to acknowledge certain dates that you have provided us (e.g., to acknowledge your birthday) to provide a personal customer experience, promote our business and tailor our advertising to you;
• facilitate the creation of and secure your Account on our network in order to take steps to respond to your request to set up an account;
• identify you as a user in our system to respond to requests which you may send to us, promote our business, help tailor our Site and advertising to you, take steps to help secure the Site and monitor performance of the Site itself. We do this by automatically collecting your IP address and/or generating a unique ID and using cookies and other similar technologies which allow us to know that you have landed on the Site;
• provide you with a streamlined checkout experience to respond to a request from you to buy products, provide our Products to you, protect and secure our business and deliver our ads and a smooth customer experience to you. We will use the details you provide to us and information we collect automatically via cookies;
• process and fulfil your orders or contact you concerning the status of an order to provide the products to you and respond to your requests and to help ensure a good customer experience using the details you submit when you place an order or when you reach out to us (which may include your name, email and shipping address and payment information);
• provide improved administration of our Site and services to protect, secure and promote our business and deliver a smooth customer experience to you by using the information you provide directly to us and that which we collect automatically;
• to improve the quality of experience when you interact with our Website and emails, to respond to a request from you when you are purchasing or taking steps to purchase our products and to protect and secure our business and deliver a smooth customer experience. Similar to the above we do this using both the information you provide directly to us and the information we collect automatically;
• send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created to protect and secure our Site and services requested by you;
• send you administrative e-mail notifications, such as security or support and maintenance advisories to administer your account, update you on your order protect and secure our business and deliver seamless customer experience to you;
• respond to your inquiries related to employment opportunities or other requests;
• provide you with targeted offers and advertising, including on the Site, via direct mail, SMS messages or e-mail, and to contact you about upcoming sales, promotions, offers and product information to help to promote our business and tailor our advertising to you;
• You may also receive our offers in advertising that is directed to you via third party websites and media properties, including in social media to help to promote our business and personalize our ads. We will primarily use information collected about you automatically or through our advertising partners to deliver these ads. Please see the cookies and other similar technologies sections for further information including how to update your preferences (including how to opt-out);
• send purchase confirmation emails to fulfil our obligations to you;
• send newsletters, surveys, offers, and other promotional materials related to our products and for other marketing purposes via email, postal mail, and using your email and phone number (via text message) to help promote our business and tailor our advertising to you;
• to administer our loyalty program where you have requested to be a member;
• to comply with our legal obligations where required;
• to administer our referral program; and
• for other business purposes in the context of a merger, acquisition, asset sale/purchase or administration/bankruptcy.

6. Cookies and Other Similar Technologies.

Our Site uses cookies, pixel tags and/or other similar technologies to collect and store certain information. These typically involve pieces of information or code that a website transfers to or accesses from your computer hard drive or mobile device to store and sometimes track information about you. Cookies, pixel tags and similar technologies enable you to be remembered when using that computer or device to interact with websites and online services and can be used to manage a range of features and content as well as storing searches and presenting personalized content.

Our Site uses cookies, pixel tags and similar technologies to distinguish you from other users of our Site. This helps us to provide you with an enhanced personalized experience when you browse our Site and also allows us to improve our Site and track how it is performing.

When you first visit our Site, you will be notified that we use first and third party cookies to help the Site function efficiently, to give you a smooth customer experience and to deliver our ads. Most web browsers automatically accept cookies and similar technologies, but if you prefer, you can change your browser settings to prevent that. We also give you information about how to disable cookies below. However, you may not be able to take full advantage of all aspects of our Site and some aspects such as the online ordering process may not work at all if you do so.

A number of cookies and similar technologies we use last only for the duration of your web session and expire when you close your browser. Others are used to remember you when you return to the Site and will last for longer. Some cookies will also record where you came to our Site from and where you visit once you have left our Site.

We use cookies, pixel tags and/or other similar technologies, either alone or in combination with each other to create a unique device ID.

We use the following types of cookies, pixel tags and similar technologies (for purposes of the chart below, “cookies”):

TYPE OF COOKIES	PURPOSE OF THESE COOKIES
Strictly necessary cookies	These are cookies that are required for the operation of our website and under our terms with you. They include, for example, cookies that enable you to log in to secure areas of our website and use a shopping cart for our legitimate interests of selling our products online and to secure the Site or to take steps to and / or deliver our products to you. Strictly necessary cookies are required for the Site to work. You can learn more about cookies here http://www.allaboutcookies.org/.
Functionality cookies	These are used to recognize you when you return to our website. This enables us, subject to your choices and preferences, to personalize our content, greet you by name and remember your preferences (for example, your choice of language or region) performing our obligations in response to your requests and to give you a tailored customer experience. These cookies help our Site work and perform the actions which you request. You can learn more about cookies here http://www.allaboutcookies.org/.
Analytical/performance cookies	They allow us to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us for our legitimate interests of improving the way our website works, for example, by ensuring that users are finding what they are looking for easily. We work with third parties to deliver these cookies. For more information see below.
Targeting/Advertising cookies	These cookies record information such as your visit to our website, the pages you have visited and the links you have clicked. We will use this information subject to your choices and preferences to make our advertising and marketing communications more relevant to your interests. We may also share this information with third parties for this purpose. These cookies are also delivered in our marketing emails which we may send to you. We may also work with advertising networks that gather information about the content on websites and apps you visit, your interests, demographic information about you and information on other websites and services you visit. This may result in you seeing our advertisements when you visit other websites and services of third parties. We may also use information collected about you (by us or third parties we work with) to allow third parties to find other people who share similar interests or demographic factors to you and show them online ads relating to our products. Some third parties which we work with place you in a market segment based on your use of their Site and we use this information to also deliver our ads. We work with third parties to deliver these cookies. For more information about how to turn this feature off see below or visit, in the European Union including the UK, http://www.youronlinechoices.eu, or in Canada, see https://youradchoices.ca/en/tools, or in Australia, see https://www.youronlinechoices.com.au/your-ad-choices/, or in New Zealand, see https://www.youronlinechoices.co.nz/, further information is also available here from the Network Advertising Initiative (opt out information here); Digital Advertising Alliance (opt out information for website tracking here; opt out information for mobile app tracking here); and see the further information set out below.

 

If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g. send you personalized text messages such as shopping cart reminders).

We may disclose Personal Data to third parties with which we work with and through which these cookies are delivered. Examples include:

• Amazon - We use these pixels to measure site visitation, driven by video advertising on Connected TV (streaming), desktop, and mobile devices.
• Advertising, Data Protection and Privacy- protections and measures within Amazon’s advertising systems.
• Amplitude (Analytics): https://amplitude.com/
• AppSolute: https://appsolute.us/document-privacy-policy/
• Attentive: (marketing text alerts): https://www.attentive.com/privacy
• Back in stock – we use these cookies to help us authenticate genuine visitors to our site for security purposes, to understand our web traffic and to send emails to notify you when you have asked us to let you know that a product is back in stock. For more information please see here: https://backinstock.org/privacy/.
• Bing – This cookie identifies you as a unique visitor to our Site. It allows Microsoft to match data from our site with other data they hold about your online activity. We use this to deliver ads to you and measure how our ads perform to individuals based on the market segment that Microsoft places them in. For more information please see here: https://about.ads.microsoft.com/en-us/resources/policies/personalized-ads. We also use Microsoft cookies to measure the use of our Site for internal analytics. Microsoft MSN serves an analytics cookie as a first party cookie.
• Facebook – we use Facebook cookies and pixels to help deliver our advertising on Facebook. This means you may see our ads when you use Facebook because you have visited our site and to help integrate with our Facebook advertising services we use as set out below. In accordance with your Facebook privacy settings, please visit your Facebook privacy settings to learn more and see here https://www.facebook.com/policy.php. Please also see more about Facebook advertising below.
• Gladly (CRM / Chat): https://www.gladly.com/
• Google Analytics, Doubleclick and Adwords – we use Google Analytics to distinguish visitors to our Site, to measure traffic on Site, deliver a secure service and ensure that we can deliver our content to you. We also use Google cookies to deliver our ads to you. This also helps us understand the high-level demographics of visitors to our Site and helps us understand how many users click on our ads, go on to buy our products, etc. Your Google preferences may also be stored by these cookies, for example, preferred language and number of search results you see per page. We also use Google to help determine how ads perform within certain market segments. You can learn more here including about how to opt-out at the below links:
• https://adssettings.google.com/
• https://policies.google.com/privacy
• https://tools.google.com/dlpage/gaoptout

• HotJar – we use HotJar to collect information you share when you choose to complete a post-purchase survey. Participation in this activity is voluntary.  To learn more please visit HotJar's privacy policy here: https://www.hotjar.com/legal/policies/privacy/.
• iSpot – We use these pixels to measure site visitation, driven by video advertising on Connected TV (streaming), desktop, and mobile devices. To learn more please visit iSpot's privacy policy here: https://www.ispot.tv/privacy
• Impact - We use Impact as our influencer partnership and affiliate management solution. To learn more, see here: https://impact.com/privacy-policy/
• Iterable – we use Iterable as a platform to communicate with our customers via electronic mail.  In order to provide accurate and relevant content for our customers we track visit data that comes from the emails sent via Iterable. This is done using Javascript code to help us see things like pages and products viewed and purchased, which we then use to send our users relevant communications by email. More information can be found here: https://iterable.com/trust/privacy-policy.
• Measured (Analytics): https://www.measured.com/
• Moveable Ink (Email personalization):  https://movableink.com/
• Narvar (Informational SMS notifications):  https://corp.narvar.com/privacy-policy
• OneTrust (Consent Management): https://www.onetrust.com/
• Optimizely – we use the web analytics service Optimizely. This service uses cookies to identify the browser of a visitor and to analyze the use of this website. For more information on how Optimizely processes your data, see http://www.optimizely.com/privacy. You can disable the Optimizely tracking at any time by following the instructions on http://www.optimizely.com/opt_out.
• Pebble Post – combines data collected about visitors to our Site through cookies, pixel tags, Javascript code and similar technologies, with email or mailing addresses of those visitors to which they have access to help us serve relevant marketing offers to you via email and direct mail. To learn more, see here: https://www.pebblepost.com/privacy-policy/.
• Pinterest – we use Pinterest cookies to deliver ads to you and to find other people who might be interested in our Products and show them online ads relating to our Products on Pinterest. To learn more about these cookies, please visit your Pinterest privacy settings and also see here: https://help.pinterest.com/en/article/personalization-and-data and here: https://help.pinterest.com/en/article/personalized-ads-on-pinterest.
• PodSights – a podcast advertising measurement service that helps us measure the effectiveness of our podcast advertising. To learn more, see here: https://podsights.com/privacy-policy/
• Qualtrics – we also use Qualtrics to collect information you share when you choose to complete a post-purchase survey. Participation in this activity is voluntary.  To learn more please visit Qualtrics’s privacy policy here: https://www.qualtrics.com/privacy-statement/.
• Segment.com, to serve cookies to improve our understanding of how users interact with the Site – more information can be found at https://segment.com/docs/legal/privacy/.
• Sheer ID – we work with Sheer ID to verify your status (e.g., teacher, student, veteran, medical professional, first responder) in order to serve you specific offers, target our online ads and tailor our email communications to you. This applies in the US only. For more information please see here: https://www.sheerid.com/privacy-policy/.
• Shopify to allow you to purchase in store, online and in multiple jurisdictions. We also use Shopify cookies to deliver our ads to you online. To understand more about Shopify cookies please see here: https://www.shopify.co.uk/legal/cookies.
• Snapchat – we work with Snapchat to deliver cookies on our Site which will mean that you see our adverts on Snapchat, and we also use information collected via these cookies to serve ads to similar Snapchat users. Please visit your Snapchat settings to understand more and update your preferences and also see here: https://support.snapchat.com/en-US/a/advertising-preferences and https://www.snap.com/en-GB/cookie-policy/#settings-links.
• Talkable (Refer a friend): https://www.talkable.com/privacy
• TheTradeDesk – We use these pixels to measure site visitation driven by video advertising on Connected TV (streaming), desktop, and mobile devices. These pixels are also used  to measure visitation from display banners. To learn more please visit TheTradeDesk's privacy policy here: https://www.thetradedesk.com/us/trust
• Tiktok (Advertising): https://www.tiktok.com/legal/page/us/privacy-policy/en
• Wunderkind – we use Wunderkind pixel tags to aid us in collecting information from visitors to our website – including when they are not logged into their accounts – in order to help us target our online advertising and marketing communications. For more information please see here: https://www.wunderkind.co/privacy/.
• Yotpo – we use Yotpo services to help understand how our customers rate our Products and the service provided on our Site. We use Yotpo cookies for marketing and ad delivery services across the Yotpo network and online. For more information about Yotpo please see here:  https://www.yotpo.com/privacy-policy/
• Yottaa (website performance monitoring): https://www.yottaa.com/

Disabling Cookies. The effect of disabling cookies depends on which cookies you disable. As set out above, if you disable all cookies, you will be unable to complete a purchase on our Site. If you want to disable cookies on our site, you need to change your website browser settings to reject cookies. How you can do this will depend on the browser you use, please visit http://www.allaboutcookies.org/ and also http://www.youronlinechoices.eu, and see the links set out above.

We also work with third parties to serve targeted advertisements to people similar to our customer base and those who are similar to visitors to our Site or similar to those identified in one or more of our databases. This is done by us uploading a hashed customer list to the third-party (such as through Facebook Custom Audiences or Google Customer Match) or incorporating a pixel from the third-party on our Site, and the third-party matches common factors between our data and their data.

We also work with Social Networks and other third parties to help serve our ads. We identify certain characteristics and/or interests which we expect to be relevant to individuals interested in our products and our ads are served to those individuals via Social Networks and other third parties which match these. Even if you have disabled certain cookies, our adverts may still be displayed to you through these channels. Please visit your Social Network preferences to understand more about these ads.

Chat Technologies. We also use chat technologies operated by third party vendors (e.g., Gladly) that enable the chat features that you can use to communicate with us through the Service.  Rothy’s and these vendors may monitor and record Personal Data you share through these chat features, and collect information about your interaction with them and your device (e.g., IP address, online identifiers), for quality assurance, analytics and the other purposes described in this Privacy Policy.

7. Disclosure of Your Personal Data.

We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

We may disclose the information we collect from you including your Personal Data to our affiliates or subsidiaries for the purposes of delivering services on behalf of Rothy’s; however, if we do so, their use and disclosure of your Personal Data and other information will be subject to this Privacy Policy, our group data protection policies and our affiliates/subsidiaries’ privacy policies (where relevant).

We may also disclose your Personal Data and other information to selected third parties with which we work including:

• Organizations that process your personal data on our behalf and in accordance with our instructions and applicable data protection laws, for example, we work closely with Shopify to deliver this Site and provide our Products to you. For some categories of data, Shopify also handles your data for their own limited purposes such as for risk and fraud screening and related uses. For information about how Shopify handles your Personal Data visit https://www.shopify.com/legal/privacy. In order to deliver our Products to you, we also work closely with Avalara to help us comply with international VAT and transactional tax obligations. In order to do this, we will share Personal Data related to your purchase with Avalara, for example, what product you buy, your name, email and address (billing and delivery). For our international shipping program, we also work closely with NRI which handles our outbound and returns shipping including all required custom documentation.
• We also work with other third parties to handle the returns process (for example, Happy Returns), to help Product fulfilment and warehouse services (for example, NRI), to administer our live customer chat functionality (currently we use Gladly), administer our referral scheme program (for example, using Talkable), let you know when products are back in stock (currently we are using backinstock.org) and deliver various other services to you. Where companies use this information for their own purposes, they will let you know how they handle your information.
• Other organizations help process your personal data on our behalf including to support the services we offer through the Site, and in particular, those providing website and data hosting services, fulfilment services, tax services, online integration platforms, distributing any communications we send, supporting or updating marketing lists, facilitating feedback on our services and providing IT support services and other service providers from time to time. These organizations (which may include third party suppliers, agents, sub-contractors and/or affiliates) will only use your information and Personal Data to the extent necessary to perform their support functions.
• Payment processing providers who provide secure payment processing services. Please note your payment card details are not shared with us by the provider (Shopify, PayPal, Apple Pay, GooglePay and Amazon Pay, depending on your location).
• Data providers such as Pebble Post with whom we share limited information about our customers in the United States (“Data Providers”), including customer names, addresses and transaction history, so that these Data Providers can help us identify individuals in the United States most likely to be interested in our direct marketing communications. Our Data Providers’ use of this information is subject to their own privacy policies, which generally allow them to share the information they collect with other customers. You can learn more about how our Data Providers collect, use and share Personal Data and your choices for limiting how they use and share your Personal Data, by visiting the following web pages:
• Pebble Post

If you prefer that we not share your Personal Data with our Data Providers, you can notify us at any time by us using the contact details above.

We also work with third parties to deliver our advertising to you. Please see the cookies section in this policy for examples of third parties we work with to deliver our ads to you online. We also work with companies to understand how our ads are working and analyze their performance and online interaction with them, which helps us improve our targeted ad campaigns.

We will disclose your Personal Data to third parties for the following purposes:

• In the course of selling or buying any business or assets (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of our Company, or as part of a corporate reorganization or other change of control.
• If all or substantially all of our assets are acquired by a third party, in which case Personal Data held by it about its customers may be one of the transferred assets.
• If we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, or in order to establish, exercise, defend, enforce or apply our terms of use or sale and other agreements or legal claims; investigate or prevent actual or suspected loss or harm and to protect the rights, property, or safety of our customers, or others; or as otherwise required or permitted by law. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction and to prevent cybercrime.
• We may also disclose Personal Data where necessary for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspect loss or harm to persons or property.

8. Third Party Websites.

Our Site may contain links to third party websites. When you click on a link to any other website or location, you will leave our Site and go to another site, and another entity may collect Personal Data or other information from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites. Please also see the cookies section of this Privacy Policy.

9. Where We Store Your Data.

Your Personal Data will be processed for the purposes identified in the Privacy Policy and will be processed and stored in the United States. It may also be transferred to other countries, where laws regarding processing of Personal Data may be less stringent than the laws in your country. For example, we may choose to transfer your Personal Data to countries including but not limited to those referred to in section 10.

10. For our Australian and European (including UK) customers:

International Data Transfer.

We take steps to require that we handle your Personal Data subject to appropriate safeguards. As a US company, most of our operations are conducted in the US and in order to provide our shoes, other products and services to you and to fulfil those contracts with you, your Personal Data will be processed in the United States. It may also be transferred to other countries, where laws regarding processing of Personal Data may be less stringent than the laws in your country. Third parties that we work with may also facilitate the transfer of your Personal Data outside of Australia, the UK and Europe. We will take steps to require them to process your Personal Data subject to appropriate safeguards. Your Personal Data may be disclosed, held or otherwise transferred to recipients in countries other than the US (by Rothy's or third parties, for example, those referred to in the Cookies section or at section 9 above) including but not limited to Canada.

Retention of Your Personal Data.

We retain personal data for as long as you have an account with us in order to meet our contractual obligations to you and for six years after that and / or purchase of products to identify any issues and resolve any legal proceedings. We may also retain aggregate information beyond this time for research purposes and to help us develop and improve our services. You cannot be identified from aggregate information retained or used for these purposes.

Lawful Bases for Handling Your Data.

Processing your Personal Data for the purposes set out in the section above "Use of Your Personal Data" is necessary in order for the performance of our contract with you, our Terms of Use Agreement; for the provision of our Products which you have requested from us. In order to provide and deliver our Products to you, certain information will be required and failure to provide this will mean we are not able to complete your purchase. As above, this will be marked on the form requesting your details.

We also handle your Personal Data in our legitimate interests in ensuring that content from our site is presented in a secure and efficient way and to promote our business.

In some cases, such as processing your Personal Data for the purpose of sending you promotional emails and text messages about our products, promotions, store openings and other Rothy's news based on your consent (where required). As set out further below, you have the right to withdraw your consent at any time by contacting us at legal@rothys.com.

We may also communicate with you using your Personal Data in order to perform our obligations under our Terms of Use Agreement and in our legitimate interests to promote our business (where permitted), help to ensure a smooth customer experience and respond to your requests.

We use cookies and other technologies on the basis that they are necessary for the performance of a contract with you, or because using them is in our legitimate interests (where we have considered that these are not overridden by your rights).

Your Rights:

You have the right under certain circumstances:

• to be provided with a copy of your Personal Data held by us;
• to request the rectification or erasure of your Personal Data held by us;
• to request that we restrict the processing of your Personal Data (while we verify or investigate your concerns with this information, for example);
• to object to the further processing of your Personal Data, including the right to object to marketing (please see below sections);
• where applicable to request that your provided personal data be moved to a third party in such a way that the third party is able to read that information.

Your Right to Withdraw Consent:

Where the processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us at the details at the end of this Privacy Policy. You can also change your marketing preferences at any time as described in the "Your Choices Regarding Information" section above;

We note not all rights listed above will apply to all territories.

You can also exercise the rights listed above at any time by contacting us at legal@rothys.com with subject line “Privacy” so that we can get your email to the right team.

If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority,

For Italian customers, you may lodge a complaint with the Office of the Garante per la Protezione dei Dati Personali (the “Italian Data Protection Authority”). For further information about your rights and our obligations in relation to your personal data you can also contact the Italian Data Protection Authority at the following addresses: Piazza Venezia n. 11 – 00187 (Roma), tel. 06.696771, email: garante@gpdp.it; or you can visit the following link: https://www.garanteprivacy.it/.

For Australian customers: you may be able to lodge a complaint with the Office of the Australian Information Commissioner: https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint.

For UK customers: The Information Commissioner is the supervisory authority in the UK and can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data. For further details please see https://ico.org.uk/.

For Irish customers: The Data Protection Commission of Ireland is the supervisory authority in Ireland and can provide further information about your rights and our obligations in relation to your personal data, as well as deal with any complaints that you have about our processing of your personal data. For further details please see https://www.dataprotection.ie/.

11. For our Canadian Customers:

Retention of Data. We retain personal data for as long as you have an account with us in order to meet our contractual obligations to you and for six years after that and/or purchase of products to identify any issues and resolve any legal proceedings.

Please contact us at legal@rothys.com:

If you wish to access, update, and/or correct inaccuracies in your Personal Data or change your consent preferences (note: we may need to collect additional Personal Data for the purposes of verifying your identity before responding to your request);

For information about how our foreign-based service providers process your Personal Data;

If you have any questions or complaints about the manner in which we treat your Personal Data

12. Our Communications to You.

We may send you promotional emails and SMS from time to time (with your permission where required), you can opt-out of these at any time see below. These messages may include promotional messages about our new Products and other Rothy's news. We may also remind you about items which you have left in your cart but not claimed (with your permission where required) and when you have requested to be notified about items that are back in stock.

We may also send you emails asking you to review our Products and your experience with us (with your permission where required). We currently use Delighted to help administer our feedback program. Your information may also create an account with Delighted directly when you provide a review to us. You can learn more about Delighted, here https://delighted.com/privacy.

Where you have opted-out of receiving our promotional emails, you may still receive service communications related to your purchase or account or services you have directly requested from us.

13. Your Choices Regarding Information.

You have several choices regarding the use of information on our Site:

You are not required to register an account with us in order to make a purchase, but you can do so if you wish.

We may send you marketing material via email, text message or direct mail (with your consent where required).  You can update your marketing preferences through the applicable processes, including by replying STOP to a text message, by clicking on the unsubscribe link in the email message, or by contacting us at legal@rothys.com with subject line “Privacy”.

Please see the "Cookies and other similar technologies" section of the Privacy Policy for more information about how to update your preferences for information which the Site collects automatically including links to opt-out of targeting and advertising cookies.

For our customers in the United States, you can request that we not share your Personal Data with our Data Providers by following the instructions in the “Disclosure of Your Personal Data” section above.

Rothy's website does not respond to Do Not Track (DNT) signals, but you can learn more about, and opt-out of, Rothy’s tailoring of ads displayed on third-party websites by reviewing section 6, “Cookies and other similar technologies” above, for more information.

14. Security of Your Personal Data.

We maintain technical, administrative, physical, electronic and procedural safeguards designed to protect the confidentiality and security of Personal Data provided to us. Unfortunately, despite these efforts, no security measures are failsafe and we cannot guarantee the security of your Personal Data. Any payment transactions are handled by Shopify, PayPal, Amazon Pay, Apple Pay and Google Pay and their 3rd parties. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential.

Our site may, from time to time, contain links to external sites. We are not responsible for the privacy policies or the content of such sites. Credit Card and Bank Account Information. If you choose a direct payment gateway to complete your purchase, then Shopify will store your credit card data for the purposes of processing your transaction. Depending on your location, you may also be able to use Apple Pay, Amazon Pay, PayPal and Google Play. All direct payment gateways are required to adhere to the security standards set by Payment Card Industry Data Security Standard (PCI-DSS) as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. For information on how Shopify handles your Personal Data including your credit card data please visit https://www.shopify.com/legal/privacy. Please also see the below links for more information about how each payment provider processes your payment information. Please be sure to view the relevant terms applicable for your country (as applicable):

• Apple Pay, https://support.apple.com/en-us/HT203027
• Google Pay, https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo =0&ldt=privacynotice&ldl=en-GB
• PayPal, https://www.paypal.com/us/webapps/mpp/ua/privacy-full
• Amazon Pay, https://pay.amazon.com/help/201751600

15. Referral Program, Gifts & Wishlist.

We may also collect Personal Data if you refer a friend or family member (or if you claim and / or use a referral code) for the purposes of administering our referral program, in accordance with our Referral Program Terms. We will collect Personal Data through our referral program from both the referrer and the individual being referred. We collect Personal Data through our referral program if you have already purchased from Rothys.com and take advantage of the program or if you visit the relevant Refer-a-Friend page of our Site or interact with a pop-up box inviting you to join the Refer-a-Friend program. We'll also collect information if you click on a link to claim your code and when you purchase our products having been referred. We will let the referrer know if the individual claims their referral code, and if they go on to make a purchase. Our referral program works differently depending on where you are based, please see the Referral Program Terms which are applicable to your region for further information. Where available, we may allow users to use referral program discounts in retail stores, but this differs between locations. Where referral program discounts can be used in stores, we will say so in the relevant Referral Program Terms for that country or location. Please visit the relevant Referral Program Terms for your region for more information.

Our wish list tool allows users to record the shoes, styles and size they would like to have so they can retrieve that information later. Users may also send the wish list to a friend or family member, depending on your region.

You may purchase gifts through the Site in various ways depending on where you are located. If you purchase a gift from the Site we will collect Personal Data about the purchase. This will include information about the purchaser and recipient of the gift (such as name, email, address and shoe size, as applicable) in our legitimate interests to deliver the gift to the individual as requested by the purchaser.

16. Changes to This Privacy Policy.

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here https://rothys.com/privacy-policy and we will change the “Last Updated” date above. You should consult this Privacy Policy regularly for any changes. If we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

17. For Australian Customers:

Rothy’s complies with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. We are committed to subjecting all personal information received from Australia to the applicable Australian Privacy Principles.

We may disclose your personal information to the entities listed in sections 6 and 7 of this Privacy Policy. Some of these entities are not Australian entities and are not regulated by the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By ordering our goods and using our services, you consent to such disclosures.

To learn more about the Australian Privacy Principles, visit the Office of the Australian Information Commissioner, https://www.oaic.gov.au/.

18. For New Zealand Customers:

New Zealand Privacy Principles.

Rothy’s complies with the NZ Privacy Act and the Information Privacy Principles provided in that Act. To learn more about the Act or Information Privacy Principles, visit the Office of the Privacy Commissioner, https://www.privacy.org.nz/.

19. State Law Privacy Rights.

Scope.

Except as otherwise provided, this section applies to residents of California, Virginia and other states to the extent they have privacy laws applicable to us that grant their residents the rights described below.

For purposes of this section, “Personal Data” has the meaning given to “personal data”, “personal information” or similar terms under the applicable privacy laws of the state in which you reside.

Please note that not all rights listed below may be afforded to all users and that if you are not a resident of the relevant states, you may not be able to exercise these rights. In some cases we may provide a different privacy notice to certain categories of residents of these states, such as job applicants, in which case that notice will apply with respect to the activities it describes instead of this section.

Privacy Rights.

If you are a resident of the states described above you have the following rights:

• Information/Know. You can request whether we have collected your Personal Data, and in certain cases, certain information about what we collect and how we use and disclose it.  For example, if you live in California, you may be able to request information about the categories of Personal Data that we have collected, the categories of sources from which we collected Personal Data, the business or commercial purpose for collecting, sharing and/or selling Personal Data, the categories of third parties with whom we share Personal Data, the categories of Personal Data that we sold or disclosed for a business purpose, and the categories of third parties with whom the Personal Data was sold or disclosed for a business purpose.
• Access. You can request a copy of Personal Data that we have collected about you.
• Deletion. You can ask us to delete Personal Data that we maintain about you.
• Correction. You can ask us to correct inaccurate Personal Data that we have collected about you.
• Opt-out.
• Opt-out of processing for targeted advertising purposes.  You can opt-out of certain processing of your Personal Data for targeted advertising purposes.  Like many companies, we work with third party advertising services that collect device data and online activity data from individuals who visit our website to deliver targeted ads to them on other sites and online services.  We describe these activities in more detail in the section above entitled Cookies and similar technologies (Section 6). We may also provide these companies with customer lists that they use to deliver targeted ads to them or to similar users on their platforms.   
• Opt-out of other sales of Personal Data. You can opt-out of “sales” of your Personal Data as defined by state law.

How to Exercise Your Rights.

• Submitting requests.  You may request to exercise your right to information/know, access, correction or deletion via email at legal@rothys.com or by phone at 1-855-620-9190 and you may request to exercise your right to opt-out by clicking the following link:
  
  Cookie Settings
  
  The rights described above are not absolute, and are subject to limitations and exemptions.  In certain cases, we may decline your request as permitted by law or where the laws in your state do not afford you these rights.  We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it. 
• Verification.  We may need to verify your identity to process your information/know, access, correction and deletion requests, and we reserve the right to confirm your state of residency. To verify your identity, we may require you to log into your Rothy’s account if you have one, provide personal identifiers we can match against information we may have collected from you previously, confirm your request using the email or telephone account stated in the request, submit government identification, or provide a declaration under penalty of perjury as to your identity, where permitted by law.
• Authorized Agents.  Your authorized agent may request to exercise your rights on your behalf upon our receipt of your signed permission demonstrating that you have authorized your agent to act on your behalf and/or such other information as we may be permitted to request by law to verify that the request is authorized. For requests to exercise your right to information/know, access, correction or deletion, this additional information may include a copy of a valid power of attorney given to your authorized agent pursuant to applicable state law, or if your agent does not have one, your direct verification of your identity with us or your direct confirmation with us that you granted your agent the relevant authority.

Notice at Collection for California Residents.  This section describes our practices currently and during the past 12 months with respect to the Personal Data of California residents.

• Information practices.  The following summarizes the categories of Personal Data we collect by reference to the statutory categories specified in the California Consumer Privacy Act (“CCPA”), the sources from which we collect it, and the categories of third parties to whom we may disclose it for a business purpose:
• identifiers, such as contact information, biographical information and data about others, from you, data providers and public sources, which we disclose to vendors, advertising partners, payment processors and data providers
• commercial information, such as profile data, payment and transactional data, marketing data and online activity data, from you, data providers, public sources and automatic collection, which we disclose to vendors, advertising partners and payment processors
• financial information, such as payment and transactional data and information about products you purchase, from you, data providers and public sources, which we disclose to vendors and payment processors
• online identifiers, such as profile data, device data and online activity data, from you, data providers, public sources and through automatic collection, which we disclose to vendors, advertising partners and payment processors
• internet and network information, such as marketing data, device data and online activity data, through automatic collection, which we disclose to vendors, advertising partners and payment processors
• geolocation data, such as the general location of your device, through automatic collection, which we disclose to vendors, advertising partners and payment processors
• protected classification characteristics, such as profile data and publicly available information, from you, data providers and public sources, which we disclose to vendors
• personal information described in California’s customer records law, including contact information, profile data, physical characteristics (e.g., shoe size) and credit or debit card numbers and other transaction data, from you, data providers and public sources, which we disclose to vendors, payment processors and data providers
• sensitive personal information, such as your Rothy’s username/password and payment card details and precise geolocation when you grant us access to it through your device
• inferences about you that we may derive from any of the categories of Personal Data above, which we disclose to vendors and advertising partners

Information you voluntarily provide to us, such as in free-form webforms or via email, may contain other categories of Personal Data not described below. We describe (a) the business/commercial purposes for which we collect Personal Data above in Section 5 (Use of Your Personal Data) and Section 6 (Cookies and other similar technologies); and (b) the categories of third parties to whom we disclose your Personal Data and the purposes for those disclosures above in Section 7 (Disclosure of Your Personal Data).

• Sales/Sharing of Personal Data.  We use and disclose Personal Data for targeted advertising purposes as described in the Opt-out section above and for data acquisition and marketing purposes as described above. The CCPA may classify these activities as the “sale” or “sharing” of Personal Data from which you have the right to opt-out. You may request to opt-out by clicking the “Do Not Sell My Info” link at the footer of our website or by emailing us at legal@rothys.com.
• Global Privacy Control. If you have enabled a legally recognized browser-based opt-out preference signal (such as Global Privacy Control) on your browser, we recognize such preference in accordance and to the extent required by applicable law. You will need to turn this on for each browser you use. To learn more about the Global Privacy Control, visit the Global Privacy Control website.
• Children. While our Site is not directed to children under the age of 16, we are required to inform you that we have no actual knowledge that we “sell” or “share” the Personal Data of California residents under 16 years of age, as the CCPA defines those terms.
• Sensitive personal information. We do not use or disclose sensitive personal information (as defined by the CCPA) for purposes that California residents have a right to limit under the CCPA.
• Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.
• Deidentified data. We do not to attempt to reidentify deidentified information that we derive from Personal Data, except that we may do so for the purpose of testing whether our deidentification processes comply with applicable law. 
• ‘Shine the Light’ requests. Under California’s ‘Shine the Light’ law, Rothy’s customers who are California residents can request and obtain from us once a year and free of charge a list of all third parties to which Rothy’s has disclosed certain personal information covered by the law during the preceding calendar year for the third parties' direct marketing purposes. If you are a California resident and want such a list, please contact us at legal@rothys.com. For all such requests, you must put the statement “Your California Privacy Rights” in the message field of your request, as well as your name, street address, city, state, and zip code. Please note that we will not accept these requests by telephone, mail or fax, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information. We reserve the right to confirm your California residency before processing these requests.

Information for Virginia Residents

Virginia consumers have the right to opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects concerning them, but we do not engage in this profiling activity. You can ask to appeal any denial of your requests to exercise your privacy rights in the same manner through which you may submit a request

Information for Nevada Residents

Nevada consumers who have purchased goods or services from us may opt out of the “sale” of “covered information” as such terms are defined under Nevada law. We do not engage in such activity, but you may contact about this right at legal@rothys.com.