ROTHY’S PRIVACY POLICY

Last Revised: May 21, 2019

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 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”) unless otherwise indicated. In conjunction with this Privacy Policy, you should also review our Terms of Use Agreement https://rothys.com/terms for a more complete understanding of the rules governing our Website, products and services.

1. Questions; Contacting Company; 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 or phone number:

Rothy's Inc dba Rothy’s

Attn: Customer Support

855 Montgomery Street

San Francisco, CA 94133

USA

(+1) 415-737-6849. For non-US users, calls will be charged at international rates. Local numbers: Canada 877-201-0837. Email address is legal@rothys.com

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 European (including the UK) customers" below for more information about how we handle your personal data and how you can contact us with regards to your rights.

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 the collection, use and disclosure of your Personal Data set out in this Privacy Policy. This Privacy Policy also sets out your rights with regard to your Personal Data.

3. A Note About Children. We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to Company and we learn that the Personal Data is the information of a child under 13, 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 13, please contact us at (+1) 415-737-6849 or 877-201-0837 or email us at legal@rothys.com with the subject line “Privacy”. 

4. Types of Data We Collect. “Personal Data” means any information from which you may be identified directly (from that information alone) or indirectly (pieces of information in combination with each other). 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 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, 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.

We may also collect Personal Data from third parties that you make publicly available such as information posted to social media sites when you tag or otherwise interact with Rothy’s social media channels and posts. This may include Personal Data that is publicly shared on Facebook, Twitter and Instagram including 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. 

We automatically collect information about you which may be Personal Data through your use of our Site through cookies, beacons and other technologies. Information we collect automatically may include general location information (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 and where else you access online once you have left our Site, which pages you view on our Site, what is in your basket, device ID (if accessing the Site from a mobile device) and device type.

5. Use of Your Personal Data

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

  • Recommend to you on the Website, using your email and / or phone number (via SMS) 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) 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, colours 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 a smooth customer experience to you. We'll 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 Website 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 Website, via direct mail, SMS messages, e-mail, or push notifications, 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 personalise 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 and using your email and phone number (via SMS) to help to 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 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 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 personalised content.

Our Site uses cookies and similar technologies to distinguish you from other users of our Site. This helps us to provide you with an enhanced personalised 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 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:

Types 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 into secure areas of our website and use a shopping cart for our legitimate interests of selling our products online and to secure the Site.

Functionality cookies

These are used to recognise you when you return to our website. This enables us, subject to your choices and preferences, to personalise 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. 

Strictly necessary cookies are required for the Site to work.  You can learn more about cookies here http://www.allaboutcookies.org/.

Analytical/performance cookies

They allow us to recognise 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 your visit to our website, the pages you have visited and the links you have followed. We will use this information subject to your choices and preferences to make our advertising 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 EU, http://www.youronlinechoices.eu, or in Canada, https://youradchoices.ca/en/tools.

We also use the following third parties to tailor our ads on third party sites. You can opt-out by visiting:

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

  • Google Analytics and Adwords – we use Google Analytics to distinguish visitors to our Site, to measure traffic on Site and ensure that we can deliver our content to you. This also helps us understand the high-level demographics of visitors to our Site. You can learn more here including about how to opt-out at the below links:

https://policies.google.com/privacy 

https://tools.google.com/dlpage/gaoptout 

https://adssettings.google.com/ 

  • We also allow other analytics providers, like Segment.com, to serve cookies to improve our understanding of how users interact with the Website – more information can be found at https://segment.com/docs/legal/privacy/ or to opt-out of this service’s tracking, visit http://www.aboutads.info/choices/
  • We partner with Shopify to allow you to purchase online. To understand more about Shopify cookies please visit https://www.shopify.co.uk/legal/cookies
  • 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.
  • HotJar – we use HotJar to help create market segments of customers which we think may be interested in our products, which we use through our other advertising partners to show online advertisements to you and users who may share characteristics with you on other websites and apps. To learn more please visit the "End Users" section of HotJar's privacy policy and to opt-out visit here https://www.hotjar.com/legal/compliance/opt-out
  • JustUno – we use JustUno to recognise when you open multiple windows, to create a unique code for you, to recognise you if you open our Site on multiple windows, to create a profile to serve you ads and to recognise if you have opted out of receiving cookies to understand more please visit https://www.justuno.com/legal/cookies/.
  • Quantcast – we use Quantcast cookies for targeted advertising, meaning we use their services to buy advertising space on other websites and apps that you may visit and show you ads for our products on those sites and apps. To learn more and opt-out please visit https://www.quantcast.com/opt-out/.
  • Optimizely – we use the web analytics service Optimizely. This service uses cookies to identify the browser of a visitor and to analyse 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.
  • Loggly – whenever an error occurs, we record the error, and details about it, through Loggly, which drops a cookie for this purpose. This allows us to find problems which we may otherwise miss, and subsequently fix them. Loggly's privacy policy is here: https://www.loggly.com/about/privacy-policy/.
  • Retention Science – We use Retention Science to help us understand how many people visit our website and how they interact with it. This is done using Javascript code to help us see things like how popular certain pages are, the journeys that users take through our content and it allows us to send our users relevant communications by email. More information can be found here: https://www.retentionscience.com/privacy-policy/.
  • Snapchat – we work with Snapchat to deliver cookies on our Site wand will mean that you see our adverts on Snapchat. Please visit you Snapchat settings to understand more and update your preferences and also see here https://support.snapchat.com/en-GB/404

Disabling cookies. The effect of disabling cookies depends on which cookies you disable but, in general, the properly if all cookies are switched off. If you only disable third party cookies, you will not be prevented website may not operate from making purchases on our Site. 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. Learn more here: http://www.allaboutcookies.org/

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 matching common factors between our data and their data.  We don't use these services to target existing customers. 

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. We do not share Personal Data to deliver these ads to you but it means that even if you have disabled certain cookies, our adverts may still be displayed to you. Please visit you Social Network preferences to understand more about these ads.

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 and our group data protection policies. 

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

  • Organisations who 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.  
  • 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, providing fulfilment services, distributing any communications we send, supporting or updating marketing lists, facilitating feedback on our services and providing IT support services from time to time. These organisations (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). 

We will disclose your personal information to third parties:

  • 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, in which case we will disclose your personal data to the prospective seller or buyer subject to the terms of this Privacy Policy.
  • 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 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 organisations 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 defence of legal claims and to investigate or prevent actual or suspect loss or harm to persons or property.

8. Third Party Websites. Our Website may contain links to third party websites. When you click on a link to any other website or location, you will leave our Website 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.

10. For our 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 U.S. 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 which we work with may also facilitate the transfer of your Personal Data outside of Europe. We will take steps to require them to process your Personal Data subject to appropriate safeguards. 

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 SMS messages about our products, promotions, store openings and other Rothy's news based on your consent (where required). 

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 (were 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);
  • to request that your provided personal data be moved to a third party.

Your right to withdraw consent:

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

You can also exercise the rights listed above at any time by contacting us at legal@rothys.com.

If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority, (see http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.html). 

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/.

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

13. Your Choices Regarding Information. You have several choices regarding the use of information on our Website:

  • 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, SMS messages or direct mail.  You can update your marketing preferences by clicking on the unsubscribe link in the message or by contacting us at help@rothys.com. 
  • 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.
  • 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. All information you provide to us is stored on our Amazon Redshift secure servers which are hosted by Amazon Web Services, US-West-2 Northern California Region. All data is sent over TLS encrypted channels. No credit card information is stored in Redshift. Any payment transactions are handled by Shopify 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. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

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. It is encrypted in accordance with Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only our payment processor(s) as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted by our payment processor(s). All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. Please see think link above for information about how Shopify handles your Personal Data including your credit card data please visit https://www.shopify.com/legal/privacy.

15. Referral Program. We may collect Personal Data if you refer a friend or family member (or if you use a referral code) for the purposes of administering our referral program, in accordance with our Referral Program Terms.  

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 Website. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of our Website. 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 Website, 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.