Fair Harbor Privacy Policy - 2024

FAIR HARBOR PRIVACY POLICY
Last updated: May 2, 2024
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Fair Harbor Clothing PBC (the “Company”, “we” or “us” or “our”) is committed to protecting the privacy of your personal information. We created this Privacy Policy (“Policy”) to inform you how we collect, store, use, and protect your personal information, and your rights regarding that information.

Please read this Policy carefully before using this website (the “Site”) or submitting personal information to us. This Policy is incorporated into and subject to our Terms of Use.

BY ACCESSING OR USING THIS SITE, YOU CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS POLICY. IF YOU DO NOT CONSENT TO THE COLLECTION, USE, DISCLOSURE, AND RETENTION OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS POLICY, PLEASE DO NOT PROVIDE US SUCH INFORMATION AND PLEASE CEASE USING THIS SITE.

We reserve the right to revise this Policy at any time. If we make any material changes, we will update the date noted above. We reserve the right to provide notice of any changes in other ways as well. Your use of this Site or submission of personal information after such changes constitutes your agreement to the Policy as amended. Except to the extent we receive your authorization, or as permitted or required by applicable law, we will handle your personal information in accordance with the terms of the Policy in effect at the time of the collection.

We hope that by taking a few moments to read our Policy, you will have a better understanding of what we do with your information and how we keep it private and secure.

SECTION 1 - WHAT INFORMATION DO WE COLLECT?

A.     Personal Information Collected Directly From You

When you purchase something from our store, as part of the buying and selling process, or if you call us on the phone, create an online account, sign up to receive our emails, participate in sweepstakes, contests, promotions or surveys, communicate with us via third-party social media sites, request customer support, apply or participate in our loyalty program, apply for a job or otherwise communicate with us, we collect the personal information (identity data and contact data) that you give us such as your:

  • First Name
  • Last Name
  • Username or similar identifier
  • Marital Status
  • Date of Birth
  • Gender
  • Billing Address
  • Shipping Address
  • Email Address
  • Telephone Number
  • The products you purchase.

B.     Personal Information We Collect Automatically

When you browse our store, we and our third-party service providers use cookies and other tracking devices to automatically collect certain information about your browser and your activities on our Site, such as: 

  • LOG AND USAGE INFORMATION: We collect information about your use of our online Services, such as the type of browser you use, access times, pages viewed, items placed in your cart, links clicked, browsing behavior, and the referring URL (the webpage you visited before navigating to our online Services).
  • DEVICE INFORMATION: We collect information about the device you use to access our online Services, including the hardware model, IP address, unique device identifiers and operating system and version.
  • TRANSACTIONAL INFORMATION: When you purchase or return a product, we collect information about the transaction, such as product details and the date and location of the purchase/return.
  • VIDEO DATA:  We collect video data via security cameras we deploy in some of our retail stores.
  • INFORMATION COLLECTED BY COOKIES AND SIMILAR TRACKING TECHNOLOGIES: We (and our service providers) use cookies, web beacons (also known as "tracking pixels") and similar tracking technologies to collect information about you when you interact with our online Services or emails, including information about your browsing and purchasing behavior. We may combine this information with other information we collect about you and use it for various purposes, such as improving our websites and your online experience, understanding which areas and features of our sites are popular, counting visits, understanding campaign effectiveness, tailoring our communications with you, determining whether an email has been opened and links within the email have been clicked and for other internal business purposes. For more information about cookies and how to disable them, please see Section 6 below.

C.     Personal Information We Collect from Our Partners and Other Sources

We may also receive information about you from a third-party marketing partner or from other sources and we may combine that with information we collect about you. For example, we collect personal information from the local postal services’ national change of address databases to verify and update mailing addresses. In addition, if you interact with us on social media, we will also collect personal information about you from those interactions. For more information about our third-party marketing partners, see Section 4 below.

D.     Personal Information We Derive

We may derive personal information or draw inferences about you based on the other types of personal information we collect. For example, we may infer your location based on your IP address, or that you are interested in purchasing a certain type of clothing based on your browsing behavior on our Services.

SECTION 2 - HOW WE USE INFORMATION

The data we collect in our databases is subjected to different forms of processing, such as collection, exchange, updating, reproduction, compilation, storage, use, systematization, organization and analysis, all of them partially or totally, according to the purposes established here. We ensure to comply with applicable legal requirements.

We use the information we collect in various ways, including:

  • to provide, operate, and maintain our Services;
  • to understand how you use our Services;
  • to improve, personalize, and extend our Services;
  • to improve the user experience on our Site;
  • to provide customer support;
  • to protect the security and safety of our Services and our customers;
  • to identify and prevent fraud;
  • to develop new products, services, features, and functionality;
  • to create business intelligence and inform our business strategy;
  • for marketing and promotional purposes (to promote the Site and Services in any media and on any Site);
  • to monitor the performance and effectiveness of our Services and evaluate its value for partners and us;
  • to communicate with you, for example to respond to your questions and inquiries; and
  • for compliance purposes, including enforcing our Terms of Service, or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency.

IMPORTANT: BY USING THE SITE, YOU CONSENT TO THE PROCESSING OF ANY PERSONAL INFORMATION FOR THE PURPOSES AND FUNCTIONS DESCRIBED ABOVE

SECTION 3 – LEGAL BASIS FOR PROCESSING.

We may process or share your data that we hold based on the following legal bases:

  • With Your Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests. For example, we may disclose personal information to our affiliates and subsidiaries, as well as service providers, vendors and others for business purposes and to perform functions on our behalf (such as those who process credit cards and payments, perform shipping and deliveries; host, manage and service our data; provide technical support or logistics services; secure our Site; distribute emails; perform research and analysis; manage brand and product promotions; and administer certain services and features on our Site), as described in Section 4 below.
  • Other Site Users: Your username and any information that you post to our Site, including, without limitation, reviews, comments, and other text, will be available to, and searchable by, other users of the Site. You can review and make changes to who can view your profile in your account settings.
  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
  • Business Transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Through Your Use of Social Features: When you use certain social features on our Site, you can make your profile public that may include information such as your screen name, profile picture and hometown. You can also share content with your friends or the public, including product reviews and information about your Fair Harbor activity. This content, including any information that you post to our Site, will be available to other users of the Site. We encourage you to use the tools we provide for managing Fair Harbor social sharing to control what information you make available through Fair Harbor’s social features.

Text messaging originator opt-in data will not be shared with any third parties.

SECTION 4 - THIRD-PARTY SERVICES AND SHARING OF PERSONAL INFORMATION

This Policy does not address, and we are not responsible for, the privacy, information or other practices of any third-party vendors, service providers, contractors or agents (collectively, “third parties”) who perform services for us or on our behalf and require access to such information to do that work, including any third party operating any website or service to which the Services link.  The inclusion of a link on the Services does not imply endorsement of the linked site or service by us.

In addition, while we have contracts in place with third parties that are designed to help safeguard your personal information, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any personal information you disclose to other organizations through or in connection with our social media.

These third parties may be located outside of the United States.

We are not responsible for the privacy policies and/or practices of these third-party services or the data protection regulations of other countries. We encourage you to carefully review these third-party privacy policies, since this Policy does not override them.

The categories of third parties we may share personal information with are as follows:

A.     Shopify:

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. If you choose a direct payment gateway to complete your purchase, your credit card data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) and processed by Shopify. For more details, refer to Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

B.     Mobile Service Providers; Fair Harbor SMS Terms of Service:

When opted-in, you will receive text messages (SMS/MMS) to your mobile number. These kinds of messages may include offers, coupons, or other information about your purchase.

You can opt-out of this service at any time. Just text “STOP” to the phone number. After you text “STOP” to us, we may send you an SMS reply to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time or text “START” or “JOIN” and we will start sending SMS messages to you again.

If you are experiencing any issues, you can reply with the keyword “HELP”. Or, you can get help directly from us by visiting our Help Center.

Carriers, such as AT&T, are not liable for delayed or undelivered messages.

Message and data rates may apply for any messages sent to you from us and to us from you.

If you have any questions about your text plan or data plan, please contact your wireless provider.

C.     Google Analytics:

We may use third-party data analytics providers, including Google Analytics, to analyze user interaction with our Site. These providers use cookies and other technologies to help collect, analyze and provide us reports on Site activity and performance metrics. You can learn more about Google’s privacy practices here: http://www.google.com/intl/en/policies/privacy/.

D.     User Account Registration and Authentication Services:

If you link your Google account or accounts from other third-party services to the Site, we also get information from those accounts (such as your contacts). The information we get from those services depends on your settings and their privacy policies, so please check what those are.  

E.     Advertising and Marketing Partners and Providers: 

We use third-party advertising and marketing providers to promote our products. These providers use cookies and other online tracking technologies on our Site to track your activities to associate the different devices you use and deliver relevant advertising and other content to you and others on our Site and other locations after you have left our Site. These third parties may collect identifiers including our visitors’ IP addresses, cookies, and hashed versions of email addresses captured from your visit. We, and third parties, use this data to obtain more information about our visitors and reach out to them through other channels, such as email and/or direct mail. To learn about your options to opt out of cookies and other forms of online tracking, please see Section 6 below.

In addition to the use of online tracking technologies, we may share personal information with third-party marketing partners for commercial purposes. For example, we may upload customer lists (including email and mail addresses) to third parties, to have customized ads (“Matched Ads”) or other marketing materials sent to people (or people similar to people) who have visited our Site. To remove your information from customer lists we share with marketing partners or providers, the quickest way is to please submit a request here or email us at privacy@fairharborclothing.com.

SECTION 5 – PROTECTION OF PERSONAL INFORMATION

We use a variety of technical, administrative, and organizational security measures, including encryption and authentication tools in certain circumstances, that are intended to protect your personal information. Please be aware that despite our efforts, no data security measures can guarantee security. You can help keep your data safe by taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.

SECTION 6 – YOUR CHOICES

A.     Your Online Fair Harbor Account

You may update, correct or delete certain information stored within your online Fair Harbor account at any time by logging into your account and navigating to the “My Account” page. To delete your online account, please write to support@fairharborclothing.com. Note that if you request to delete your account, we may retain certain personal information (such as transaction information) and other cached or archived copies of personal information about you for such time as may be necessary for the fulfilment of the purpose for which the information was collected or used (including as required by law or for legitimate business purposes). If you request deletion of your personal data, you may lose your account, order history, personalized web experiences, loyalty points and certificates, recently obtained coupons, promotional emails sent to your inbox. If you have other questions about your account, please “Contact Us.”

B.     Opting Out of Promotional Communications

It is our intention to only send you communications that you may want to receive. When you opt in or do not opt out from receiving promotional materials in a form in which we collect the personal information from you, we will contact you regularly via post and/or e-mail. We intend to use your name, contact details and demographic information and market or promote the events offered or arranged by us or third parties. We may not use your personal information for such purpose unless we have received your consent.

You can opt out of receiving promotional communications from us at any time by doing the following:

To opt out of direct mail (such as catalogs and postcards): Contact us at privacy@fairharborclothing.com.

To opt out of promotional emails and text messages: Follow the instructions provided in those communications or contact us at privacy@fairharborclothing.com.

Please note that “opting-out” of receiving promotional emails will not stop marketing or advertising content that is generated for distribution or is otherwise queued for transmission to you prior to the time when we can implement your request. We may continue to send you non-promotional emails, such as those about your account or our ongoing business relations.

C.     Cookies and Web Tracking

Cookies are small computer files transferred to your computer or mobile device so that your computer or device will “remember” information about your use of the Site, such as the pages you visit and other activities you conduct on the Site. Cookies used by our business partners may also collect information when you use our site, such as the IP address, mobile device ID, operating system, browser, web page interactions, or the geographic location of your internet service provider.  Cookies are often used in conjunction with other technologies to understand online behavior. For example, cookies may be used in conjunction with small sections of code called pixels, to link particular online activities to a browser or device.

Our Site uses the following types of cookies:

  • Necessary Cookies: Necessary cookies help make the Site usable by enabling basic functions like page navigation and access to secure areas of the Site. The Site cannot function properly without these cookies.
  • Preference Cookies: Preference cookies enable the Site to remember information that changes the way the Site behaves or looks, like your preferred language or the region that you are in.
  • Statistic Cookies: Statistic cookies help us to understand how visitors interact with our Site by collecting and reporting information anonymously.
  • Marketing Cookies: Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.
  • Embedded Content: The Site contains embedded content (e.g., videos) and Social Media Widgets (e.g., Instagram). Embedded content may place third party cookies on your device that track your online activity to enhance your experience or assess the success of their application. Social Media Widgets allow us to integrate social media functions into the Site. These widgets may place third party cookies on your device for tracking and advertising purposes. We have no direct control over the information these cookies collect; please refer to the applicable third party’s website privacy policy for additional information.
  • SMS Disclosure: The Site uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

Your Choices:

You can learn more about the cookies we use and adjust your cookie settings by clicking the “Manage Your Cookies” link at the bottom our webpage.

You may also adjust your browser settings to refuse or remove cookies. Note that if you do not accept cookies, certain aspects of our Site may not function properly or as intended.

You may opt out of “tailored advertising” that uses cookies and other tracking devices by selecting “Limit Ad Tracking” in the privacy settings on your mobile device or by opting out of tracking at the websites below:

In addition, you may opt-out of Matched Ads via your email address by following the unsubscribe link in our marketing & promotional emails or please submit a request here. You can also email privacy@fairharborclothing.com

Do Not Track:

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Policy. 

SECTION 7 – CHILDREN’S PRIVACY

Our Site is intended for users 16 years or older; by using this Site, you represent that you are at least 16. We do not knowingly collect personal information from children under the age of 16 through the Site. If you’re a parent or guardian and you believe we have collected your child’s information, please contact us at privacy@fairharborclothing.com.

SECTION 8 – DATA RETENTION

We retain your personal data in a form that allows you to be identified for as long as we reasonably consider necessary to accomplish the purposes for which it was collected or processed, or as permitted or required by applicable laws related to data retention. Thereafter, as a general matter, your personal data will be archived and stored to be used and otherwise processed in the event of legal or regulatory requirements, statutes of limitations, disputes, or actions, and will be stored and, if applicable, used and otherwise processed until reasonably after the end of any such requirement, limitation, dispute, or action, including any potential periods of review or appeal. Thereafter, your personal data will be anonymized, deleted or archived as permitted by applicable law.

SECTION 9 – EXTERNAL WEBSITES

When you click on links on our store, they may direct you away from our Site. Once you leave our store’s Site or are redirected to a third-party website or application, you are no longer governed by this Policy or our Site’s terms of service. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 10 - CHANGES TO THIS POLICY

We reserve the right to modify this Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to this Policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

SECTION 11 - QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact our Privacy Compliance Officer at privacy@fairharborclothing.com or by mail at:


Fair Harbor Clothing PBC
12 Park Hill Lane
Larchmont, NY 10538
Attn: Privacy Compliance Officer

 

SECTION 12 – ADDITIONAL STATE-SPECIFIC INFORMATION

A.     Information for California Residents

If you are a California resident, the processing of certain personal data about you may be subject to the California Consumer Privacy Act (“CCPA”) and other applicable California state privacy laws. The CCPA gives you certain rights with respect to the processing of your personal data (known as “Personal Information”, as defined in the CCPA).

This Section provides additional privacy disclosures and informs you of your additional rights as a California resident, and should be read in conjunction with the rest of our Policy.

1.     Personal Information Collected and Disclosed

The categories of Personal Information collected and disclosed by us in the last 12 months are described in the “What Information Do We Collect?,” “Disclosure” and “Third Party Services” sections of the Policy. For the purposes of the CCPA, this information corresponds to the following categories of Personal Information listed in the CCPA: 

Categories

How shared

Personal identifiers (such as your name, email address, and other information you provide when purchasing products on our Site)

With our service providers and partners, for professional and technical support and marketing;

Commercial information (information about your purchases of services from us);

With our service providers and partners, for professional and technical support and marketing;

Biometric information (such as clothing size);

With our service providers and partners, for professional and technical support and marketing;

Internet Activity Data (including your IP address, browser type, cookie identifiers, Internet Service Provider, referring and exit page, operating system, clickstream data, the type of mobile device you use, your mobile device's unique device ID, and your mobile operating system);

With service providers, for analytic, security, and marketing purposes

Geo-location (the IP address of your computer);

With service providers, for analytic and security purposes.

2.     Your State Rights

RIGHT TO KNOW  - Under the CCPA, you have a right to request information about our collection, use, and disclosure of your personal information over the prior 12 months, and ask that we provide you with the following information:

  1. Categories of and specific pieces of personal information we have collected about you.
  2. Categories of sources from which we collect personal information.
  3. Purposes for collecting, using, or selling personal information.
  4. Categories of third parties with which we share personal information.
  5. Categories of personal information disclosed about you for a business purpose.
  6. If applicable, categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for each third party to which the personal information was sold.

RIGHT TO DELETE  - You also have a right to request that we delete personal information, subject to certain exceptions. For example, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.)
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it

RIGHT TO CORRECT - You have the right to request that we correct any inaccurate Personal Information that we may have about you. 

RIGHT TO OPT OUT OF PERSONAL INFORMATION SALES. You have the right, at any time, to direct us to not sell or share your personal information. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by clicking DO NOT SELL MY INFO or email us at privacy@ fairharborclothing.com. This right is different from your right to opt out of “tailored advertising” as described in Section 6 of our Policy.  Please refer to Section 6 to learn about your options regarding “tailored advertising.”

3.     How to Exercise Your Rights

You may exercise your right to know and your right to delete by submitting a request here or send an email to privacy@fairharborclothing.com or by mail to: 

Fair Harbor Clothing PBC
12 Park Hill Lane
Larchmont, NY 10538
Attn: Privacy Compliance Officer


In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.

REQUEST POLICIES - We currently do not collect household data. If all the members of a household make a Right to Know or Right to Delete request, we will respond as if the requests are individual requests. You may make a verifiable consumer request related to your personal information twice per 12-month period. You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.

4.     Non-Discrimination; Notice of Financial Incentives

We will not discriminate against you for exercising any of your rights under the CCPA; for example, we will not deny you goods or services or provide a different level of goods or services based on your exercise of the rights described in this section. We may, however, offer financial incentives, including payments to you as compensation, rewards, offers, deals, coupons or other perks for the collection, sale, or deletion of personal information. We may also offer a different price, rate, level, or quality of goods or services to you if that price or difference is directly related to the value provided to us by your data. Details about specific financial incentives will be disclosed to you when or before you opt-in to such financial incentives and provide Personal Information. We will not use financial incentive practices that are unjust, unreasonable or coercive.

B.     Information for Virginia Residents

This section provides Virginia residents with additional information regarding our collection, use and disclosure of their personal information that supplements the disclosures in our Policy above. This section uses certain terms that have the meaning given to them in the Virginia Consumer Data Protection Act.

1.     Personal Information Collected and Disclosed

We collect information that is linked or reasonable linkable to an identified or identifiable natural person (for purposes of this Notice for Virginia Residents, “Personal Data”). Under the VCDPA, Personal Data does not include deidentified data or publicly available data. 

The categories of Personal Data that we process about you are as stated in this Policy and the Information for California Residents above. The purposes for processing your Personal Data, the categories of Personal Data that we share with third parties, and the categories of third parties with whom we share Personal Data, are all as described in this Policy. 

2.     Your State Rights

Virginia residents may submit a request to us for any of the following:

  • To confirm whether or not we process your Personal Data, and to access such Personal Data;
  • To correct inaccuracies in your Personal data, taking into account the nature of the Personal Data and the purposes of the processing of your Personal Data;
  • To delete Personal Data provided by or obtained about you;
  • To obtain a copy of your Personal Data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means; and/or
  • To opt out of the processing of your Personal Data for purposes of (i) targeted advertising, (ii) the sale of Personal Data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

3.     How to Exercise Your Rights

You have the right, at any time, to direct us to not sell or share your personal information. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by clicking DO NOT SELL MY INFO or email us at privacy@ fairharborclothing.com. This right is different from your right to opt out of “tailored advertising” as described in Section 6 of our Policy. Please refer to Section 6 to learn about your options regarding “tailored advertising.”

Also, if we are unable to authenticate your request using commercially reasonable efforts, we may decline to comply with your request, provided that we may request that you provide additional information reasonably necessary to authenticate your request.

We may decline to respond to more than two requests annually per consumer.  

C.     Information for Colorado Residents

This Notice for Colorado Residents supplements the information contained in our Policy and applies solely to users of the Site who reside in the State of Colorado. We adopt this notice to comply with the Colorado Privacy Act (CPA). Any terms defined in the CPA have the same meaning when used in this Policy.

1.     Personal Information Collected and Disclosed

We collect information that is linked or reasonable linkable to an identified or identifiable individual (for purposes of this Notice for Colorado Residents, “Personal Data”). Personal Data under the CPA does not include deidentified data or publicly available data. 

The categories of Personal Data that we process about you are as stated in the Policy and the CCPA Notice. The purposes for processing your Personal Data are as stated in the Policy. The categories of personal data that we share with third parties are described in the Policy.

2.     Your State Rights

You may submit a request to us for any of the following:

  • Right of Access. To confirm whether or not we process your Personal Data, and to access such personal data;
  • Right to Correction. Correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and the purposes of the processing of your Personal Data;
  • Right to Deletion. To delete Personal Data about you;
  • Right to Data Portability. To obtain a copy of your Personal Data that we have processed, in a portable format and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means (provided that we will not be required to reveal any trade secret); and/or
  • Right to Opt Out. To opt out of the processing of your Personal Data for purposes of (i) targeted advertising, (ii) the sale of Personal Data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

3.     How to Exercise Your Rights

You have the right, at any time, to direct us to not sell or share your personal information. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by clicking DO NOT SELL MY INFO or email us at privacy@ fairharborclothing.com. This right is different from your right to opt out of “tailored advertising” as described in Section 6 of our Policy.  Please refer to Section 6 to learn about your options regarding “tailored advertising.”

Also, if we are unable to authenticate your request using commercially reasonable efforts, we may decline to comply with your request, provided that we may request that you provide additional information reasonably necessary to authenticate your request.

We will not charge a consumer for one request made per consumer per year, provided that as to the Right to Data Portability, we will not charge a consumer for up to two requests made per calendar year. We may charge a fee to respond to additional requests within a one-year period. 

D.     Information for Connecticut Residents

This Notice for Connecticut Residents supplements the information contained in our Policy and applies solely to all users of the Site who reside in the State of Connecticut. We adopt this notice to comply with the Connecticut Data Privacy Act (CTDPA). Any terms defined in the CTDPA have the same meaning when used in this Policy.

1.     Personal Information Collected and Disclosed

We collect information that is linked or reasonable linkable to an identified or identifiable individual (for purposes of this Notice for Connecticut Residents, “Personal Data”). Personal Data under the CTDPA does not include deidentified data or publicly available data. 

The categories of Personal Data that we process about you are as stated in the Policy and the Information for California Residents above. The purposes for processing your Personal Data, the categories of Personal Data that we share with third parties, and the categories of third parties with whom we share Personal Data, are all as described in the Policy.

2.     Your State Rights

You may submit a request to us for any of the following:

  • To confirm whether or not we process your Personal Data, and to access such Personal Data (unless such conformation or access would request us to reveal a trade secret);
  • Correct inaccuracies in your Personal Data, taking into account the nature of the Personal Data and the purposes of the processing of your Personal Data;
  • To delete Personal Data provided by you or obtained about you;
  • To obtain a copy of your Personal Data that we have processed, in a portable format and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means (provided that we will not be required to reveal any trade secret); and/or
  • To opt out of the processing of your Personal Data for purposes of (i) targeted advertising, (ii) the sale of Personal Data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

3.     How to Exercise Your Rights

You have the right, at any time, to direct us to not sell or share your personal information. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by clicking DO NOT SELL MY INFO or email us at privacy@ fairharborclothing.com. This right is different from your right to opt out of “tailored advertising” as described in Section 6 of our Policy.  Please refer to Section 6 to learn about your options regarding “tailored advertising.”

Also, if we are unable to authenticate your request using commercially reasonable efforts, we may decline to comply with your request, provided that we may request that you provide additional information reasonably necessary to authenticate your request.

We will not charge a consumer for one request made per consumer per year, except in limited circumstances as allowed by the CTDPA as disclosed to you in advance. We may charge a fee to respond to additional requests within a one-year period.

E.     Information for Utah Residents

This Notice for Utah Residents supplements the information contained in our Privacy Statement and applies solely to users of the Site who reside in the State of Utah. We adopt this notice to comply with the Utah Consumer Privacy Act (UCPA). Any terms defined in the UCPA have the same meaning when used in this Notice for Utah Residents.

1.     Personal Information Collected and Disclosed

We collect information that is linked or reasonable linkable to an identified or identifiable natural person (for purposes of this Notice for Utah Residents, “Personal Data”). Personal Data does not include deidentified data, aggregated data, or publicly available data under the UCPA. 

The categories of Personal Data that we process about you are as stated in the Policy and the Information for California Residents above. The purposes for processing your Personal Data, the categories of Personal Data that we share with third parties, and the categories of third parties with whom we share Personal Data, are all as described in the Policy. 

2.     Your State Rights

You may submit a request to us for any of the following:

  • To confirm whether or not we process your personal data, and to access such Personal Data;
  • To delete Personal Data provided by you;
  • To obtain a copy of your Personal Data that you previously provided to us in a portable  format and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance, where the processing is carried out by automated means; and/or
  • To opt out of the processing of your Personal Data for purposes of (i) targeted advertising, or (ii) the sale of Personal Data. 

3.     How to Exercise Your Rights

You have the right, at any time, to direct us to not sell or share your personal information. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by clicking DO NOT SELL MY INFO or email us at privacy@ fairharborclothing.com. This right is different from your right to opt out of “tailored advertising” as described in Section 6 of our Policy.  Please refer to Section 6 to learn about your options regarding “tailored advertising.”

Also, if we are unable to authenticate your request using commercially reasonable efforts, we may decline to comply with your request.

We will not charge a consumer for one request made per consumer per year. We may charge a fee to respond to additional requests within a one-year period. 

F.      Information for Nevada Residents

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing privacy@fairharborclothing.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

SECTION 13 – RESIDENTS OF EUROPE

If you are a European Union resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. As used in this section, personal information has the same meaning as personal data as defined in the General Data Protection Regulation (EU) 2016/679 (GDPR). If you would like to exercise this right, you (or your authorized representative) may submit a request to us by clicking DO NOT SELL MY INFO or email us at privacy@ fairharborclothing.com. If you have Fair Harbor account, you may also review, update and delete certain personal information or adjust your marketing preferences by logging into your account.

Additionally, if you are an European Union resident, note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to the United States and Canada.