Privacy Policy

Effective Date: september 13, 2024

overview

This Privacy Policy explains how ColorSwap (“we”, or “us”) collects, protects, uses and discloses information about you when you use www.color-swap.com (“Website”), our mobile applications (“App”), and any of our other services that link to this Privacy Policy (collectively, including the Website and App, the “Services”), and whether you access the Services directly or through a third party.

Please understand that, except as specifically described below, this Privacy Policy does not apply to information collected by third parties, such as other companies, or third-party websites or mobile applications, even if any are linked to or accessible through the Services.

If you do not want information about you to be used as described in this Privacy Policy, you must stop, or refrain from, using the Services.

information we collect

“Personal Information,” as used in this Privacy Policy, is information that directly identifies an individual, such as a person’s name, or information that reasonably allows an individual to be identified indirectly, such as email or home address or a person’s mobile phone number. Personal Information also includes information that is directly combined with such identifying information.

We collect Personal Information when people use our Services, including our App and Website. This information falls into two (2) general categories:

- Passive Data Collection. This refers to data automatically collected from customers when they use our Services.

- User-Submitted Information. This refers to information that customers actively submit to us, which may be provided voluntarily or as required to use our Services.

Customers also sometimes provide us with information about other individuals, such as when a customer sends a gift card or uses our referral services to tell a friend about us. In those cases, we may ask that customer to provide the recipient’s name and email address. (We may also collect Personal Information in any personalized message that is submitted with a gift card or referral.) We will automatically send the recipient email correspondence with the gift card or referral, and invite them to visit the Website or otherwise use the Services. If we receive Personal Information for a referral or gift card, we use that information for the sole purpose of sending this email correspondence, and for tracking the use of the gift card or the success of our referral program.


passive data collection

As a general matter, we automatically collect certain information based on your use of and behavior in connection with the Services. We use this information to analyze our customers’ demographics, interests, and behavior to better understand and serve you and our customer base. We also analyze this information for security purposes, to protect the Services and customer information that we hold.

If the information we collect automatically identifies you or could be reasonably used to identify you, then it is treated as Personal Information. Also, if we directly combine any information gathered through passive means with Personal Information, we treat the combined information as Personal Information under this Privacy Policy. But in many cases, the information that we collect passively is only used in de-identified or aggregated forms, which do not identify any individual.

We collect passive data in the following ways:

Mobile Device Information: When you download or use our App, we receive information about your mobile device. We register your device, and we may use the identifier to send you push notifications about your transactions via the Services.

Log Files: Like most websites, we automatically receive and record certain information about our customers’ behavior on our Website or App or when using our other Services. Our servers automatically gather technical information about our Website or App traffic and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and other clickstream data. We aggregate this information with other pieces of information to analyze trends, to administer and improve the Services, for example to understand customers’ use of the Website and to make inventory and purchasing decisions that will best serve our customer base. Information from log files may also be used to determine general location information such as city, state or geographic area.

Cookies, Web Beacons and Similar Technologies: A cookie is a small text file that is stored on a computer for record-keeping or tracking purposes. Web beacons (also known as pixel tags or clear GIFs), are graphics that can record whether a person has accessed particular content. We use these and other similar technologies on the Website and App and in connection with our Services.

Cookies we utilize may include session cookies, persistent cookies, or similar technologies. A session cookie expires when you close your browser. A persistent cookie is stored on your computer or device for an extended period of time. You can remove persistent cookies by following the directions provided in your Internet browser's "help" menu. You may also configure your browser to prevent cookies from being set on your computer. (Instructions should be provided in documentation for your browser.) If you reject cookies, your ability to use the Website, App and other Services may be limited, and you may not be able to use certain features of the Website, App or other Services. We may use cookies for the following purposes:

- Strictly necessary cookies. There are two categories of strictly necessary cookies that we consider necessary for customers to use the Services:

- Essential cookies. Essential cookies are required for providing you with features or services that you have requested. For example, certain cookies enable you to log into secure areas of our Services. Disabling these cookies may make certain features and services unavailable.

- Functional cookies. Functional cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These cookies help us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).

- Performance/analytical cookies. Performance/analytical cookies allow us to understand how visitors use our Services such as by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/analytical cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising.

- Targeting cookies and other data trackers. Targeting cookies and other data tracking technologies 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 your experience using our Services more relevant to your interests, such as keeping a record of the items you have hearted. 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. We may use web beacons or similar technologies, which help manage content on the Website and in the Services by tracking what content is effective. These technologies may be used to track the online movements of customers, but in contrast to cookies, which are stored on a computer hard drive, these technologies are embedded in the Website or App. We may also use web beacons in our HTML-based emails to let us know which emails recipients have opened. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. For more information, see Targeted Advertising and Analytics.

To find out more information about cookies, including information about how to manage and delete cookies, please visit https://www.allaboutcookies.org/.


Targeted Advertising and Analytics

We engage others to provide analytics, serve advertisements, and perform related services across the web. These entities may use cookies, web beacons, SDKs, device identifiers, and other technologies to collect information about your use of our Services and other websites and mobile apps, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information. This information is used to deliver advertising targeted to your interests on other companies' sites and to analyze and track data, determine the popularity of certain content, and better understand your activity. Some of our advertising partners enable us to translate your email address or phone number into an identifier that cannot be used to identify you personally. Our advertising partners then use that unique identifier to show ads that are more relevant to you across the web and in mobile apps. Some of the activities described in this section may constitute “targeted advertising,” “sharing,” or “selling” under certain laws. To learn more about the choices available to you with respect to these practices, see below.

You can also learn more about interest-based ads, or opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance, by visiting https://www.aboutads.info/choices.


user submitted information

As a general matter, we may ask you for information, or retain information, that you provide to us in order to provide our Services to you, and to better serve you and our customer base. This category of information includes information submitted electronically, via phone, and in person through our stores. We may also combine this information with Personal Information to provide you with customized and personalized services.

We collect User-Submitted Information in the following ways:

Registration and Communicating with You: In order to use some features of the Website, App or other Services, including the rental of ColorSwap's inventory, you must first create an account with us and agree to the Terms of Service. To create an account, you must provide an email address and create a password. We may also ask you for your birthday. We use the email address you provide to contact you about the products and Services, and to begin to create a tailored experience for you. You may also provide us your contact information, such as your email address, when you sign up to receive communications from us about the Services, events we offer, and news and information that we think will interest you.

Orders: If you order a product from us, we request certain Personal Information from you, whether you access the Services from our App, the Website or otherwise. You must provide contact information (including name, shipping address, telephone number) and a payment method. We use this information for billing purposes, to fill your orders and to communicate with you about your orders. If we have trouble processing an order, we will use this information to contact you. We record what you order and associate it with your account profile. When you return an item, we may ask you for information about your experience, such as, if you wore it and for information regarding how it fit. We record that information to better personalize our Services for you and to improve our Services for others. Personalization of Service: In order to improve your customer experience, we may request personal characteristics, such as your height, bust, dress size, style and fit preferences, your birthday, and the date and occasion for your rental. We may also ask for your feedback and rating of our products. All of this information is voluntary and helps us improve our Services by enabling us to create a tailored experience for you and our other customers. Although we believe that providing this information will improve the Services we can offer to you, and your experience of the Services, we will not require you to provide it. (Also, although we may request information about personal physical characteristics, we do not ask for uniquely identifying biometric information.) We may also collect approximate geolocation information from you.

Surveys or Contests: We may provide you the opportunity to participate in surveys or contests on our Website or in connection with our Services. If you participate, we will request certain Personal Information. The requested information typically includes contact information (such as name and email address) and demographic information. We may use this information to notify contest winners and to award prizes, to monitor traffic to our Services, to improve the Services, and to send participants an email newsletter. Additional information practices (and terms and conditions) may apply to any survey or contest, which will be made available with the survey or contest. Please carefully review any additional information provided.

Third-Party Account Credentials: If you choose to provide us with your third-party account credentials to such services as Google or Facebook, you understand that some content and/or Personal Information may be shared between the third-party service and us. Any information collected by a third-party service will be used in accordance with that third party’s privacy policy, which we encourage you to review and consider.

Public Feedback (Reviews) and Discussion Boards: If you choose to post messages to public message areas, such as submitting reviews about the items you have worn, or leave feedback for others, that information may become available to anyone. We are not responsible for the use by others of the information you publicly disclose. Additionally, we may, but are not obligated to, collect the information you post in public message areas to resolve disputes, provide customer support and troubleshoot problems as permitted by law. Please be careful and closely consider disclosing any Personal Information in public message areas.


how we use your information

The purposes and ways that we may use Personal Information about you are described throughout this Privacy Policy, often in connection with the kinds of Personal Information we collect. Other uses of Personal Information are described below.

In addition, we may use aggregate, statistical, and de-identified data, which does not specifically identify any individuals, for any purpose.


General Uses of Your Information

We generally use the information we collect, including Personal Information about you, for the following purposes:

- To Provide Our Services. We use your Personal Information to provide our Services to you, including:

- To present you with products, information and content through the Services, including personalization of the Services;

- To process transactions, including financial transactions, related to your use of the Services;

- To assist you in finding a location to return an item, using location or geolocation information you provide to us; and

- To respond to your questions or requests.

- For Communications and Marketing. We use your Personal Information to communicate with you and provide you with information about ColorSwap and our marketing partners.

- To Develop and Improve Our Services. We may also use your Personal Information as we work to continually improve our Services, our business and our operations. For example, by:

- Analyzing usage or interest in certain features, or identifying items and areas of interest to our customers.

- For Compliance, Fraud Prevention and Safety. We may use your Personal Information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to:

- Protect our, your or others’ rights, privacy, safety or property;

- Enforce the terms and conditions that govern use of our Services, including for legal claims; and

- To prevent, identify, investigate and deter any fraudulent, harmful, unauthorized or illegal activity.

- To Comply with Law. We may use your Personal Information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process.

- As Described or with Your Consent. We may use your Personal Information for any other purposes that we describe at the time we collect your Personal Information, or otherwise with your consent.


Communications from Us

We use your contact information to communicate with you about ColorSwap and our marketing partners in the following ways:

- To provide newsletters, marketing emails or push notifications with special promotional offers, updates and other relevant marketing content or news and information that we think will interest you;

- To provide announcements about the Services;

- To communicate with you about the Services and your account, including updates about the status of your orders; and

- To verify your identity and address for your orders and rentals.

We may communicate with you via phone, email, text messages and push notifications to your mobile device. Standard call, message and data rates charged by your mobile carrier may apply to text messages or other communications received on your mobile device. See the Your Choices section for more information on how to manage your communication preferences.


How We Disclose Your Information

We may disclose Personal Information about you, in general:

- As necessary to provide the Services;

- To service providers;

- To our corporate affiliates and business partners;

- For legal reasons or as required by law; and

- With your consent or at your direction.

The purposes and ways that we may disclose Personal Information about you are described below in more detail.

Service Providers: We may provide Personal Information to third parties for use in performing research and business functions (e.g., mailing, maintenance, security, data analytics, communications, CRM, database management services, credit card payment processing or data hosting) on our behalf (our “service providers”). These service providers agree to use your Personal Information only in accordance with our instructions, with information used only as described in this Privacy Policy and for no other purpose than to provide the contracted-for services.

Corporate Affiliate Parties: We may disclose some or all of your Personal Information with our affiliates (including a parent company, subsidiaries, joint venture partners or other companies that we control or that are under common control with us), in which case we will seek to require those affiliates to honor this Privacy Policy.

For Legal Reasons and As Required by Law: We may disclose Personal Information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of ColorSwap , our users, the public, or others. We may also disclose Personal Information if we have a good-faith belief that doing so is required under applicable law, for example if we receive a subpoena or other judicial or administrative order or otherwise required by law. This may include responding to legal requests from jurisdictions outside of the United States, where we have a good faith belief that the response is required by law in that jurisdiction.

In Connection with Business Transactions: We may disclose Personal Information in certain corporate transactions, such as in connection with an actual or proposed merger, acquisition, or other sale of or transfer of all or part of our business or assets, including as part of a bankruptcy, liquidation, or other insolvency proceeding. In the event of a change in ownership of ColorSwap, or a merger with, acquisition by, or transfer or sale of all or a portion of our assets to another entity, we reserve the right to transfer all of your Personal Information, including email addresses and other information about you collected by us (in accordance with this policy), to that entity.

To Protect Rights: Additionally, we may disclose Personal Information where we, in good faith, deem it appropriate or necessary to prevent violation of the Terms of Service or our other agreements; take precautions against liability; protect the rights, property, or safety of ColorSwap , any individual, or the general public; maintain and protect the security and integrity of our Services or infrastructure; protect ourselves and our Services from fraudulent, abusive, or unlawful uses; investigate and defend ourselves against third-party claims or allegations; or assist government enforcement agencies.

With Your Consent or at Your Direction: We may disclose Personal Information when we have your consent or you direct us to do so. For example, if you decide to participate in certain interactive areas or features of our Services, such as writing a product review, you consent to the disclosure of any personal information you provide in connection with your post. We may also disclose aggregated or de-identified information that cannot reasonably be used to identify you. For example, ColorSwap engages in marketing and promotional activities with carefully screened brands, or, “Partners,” during which we provide those Partners with aggregated or de-identified information. If ColorSwap processes, maintains, or uses de-identified information, it will do so only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.

Third Party Websites

In the event that we provide links to other websites that we do not control, whether or not those other websites refer to our branding, this Privacy Policy does not apply to those other websites. Visitors to those websites are advised to carefully read the policies on those individual websites.

choices

Account Information: You can access, modify, and delete certain information stored within your online account by logging into your account and visiting the “Profile” or “Your Membership” sections.

Communications Preferences: You may opt out of receiving text messages or promotional emails from ColorSwap by following the instructions in those communications or by updating your communication preferences in your customer account. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Cookies and Similar Tracking Technologies: ColorSwap uses cookies and similar tracking technologies to analyze visits to our websites and interactions with our communications to help us improve our website, services, and marketing campaigns. Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. You can also adjust certain cookie settings by clicking Your Privacy Choices. Please note that removing or rejecting cookies could affect the availability and functionality of our Services.

Mobile Push Notifications: With your permission, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

security

We use reasonable security measures to protect against the loss, unauthorized access, misuse, alteration and destruction of Personal Information under our control, both during the transmission and once we receive it.

Although we make good faith efforts to maintain the security of such Personal Information, no method of transmission over the Internet or method of electronic data storage is 100% secure, and we cannot guarantee that the information will remain free from unauthorized access, use, disclosure, or alteration. While we work hard to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent hackers or other unauthorized persons from illegally accessing or obtaining this information.

children's privacy

ColorSwap and the Services are not intended for or directed toward children under 13 years of age, and children should not use the Services for any purpose unless they have the consent of, and are under the supervision of, a parent or guardian. We ask that individuals do not provide Personal Information through our Services, and if we learn that we have collected or received Personal Information from a child under 13 years of age, we will delete that information.

Additionally, we may collect Personal Information from teenagers between the ages of 13 and 18, but only if such an individual is of legal age to enter into a binding contract under applicable law, or with the consent and supervision of a parent or legal guardians, as permitted by law.

If you are the parent or legal guardian of a child under 13 years of age who has registered on the Website or App or you believe has otherwise provided Personal Information to ColorSwap without your consent, please contact ColorSwap at contact@color-swap.com to have the account terminated and information deleted.

If you believe that we may have inadvertently collected any Personal Information about a child aged 13 years or younger, please contact us at contact@color-swap.com or as provided in the “Contact Us” section below.



your privacy rights

Opt Out of Sales, Sharing, and Targeted Advertising: You have the right to opt out of sharing, sales, and targeted advertising at any time by clicking Your Privacy Choices. If you are a resident of California, you can also opt out of certain targeted advertising, sharing and sales by visiting our Services with a legally-recognized opt-out preference signal enabled (such as the Global Privacy Control). Please note that, depending on which legally-recognized opt-out preference signal you use and whether you are logged into your account with us, our processing of the signal may be limited to the specific browser or device that you are using. You may need to renew your opt- out choice if you use a different browser or device to access our Services or if you clear your cookies because your opt-out choice may be linked to your browser only.

Access, Correction, and Deletion: You have the right to (1) request to know more about and access your Personal Information, including in a portable format, (2) request deletion of your Personal Information, and (3) request correction of inaccurate Personal Information. To request access, correction, or deletion of your Personal Information, visit this webpage or email us at contact@color-swap.com. You can also access, correct, or delete certain information stored within your online account by logging into your account and visiting the “Profile” or “Your Membership” sections. We may verify your request by asking you to provide information related to your recent interactions with us, such as your name, email and mailing address.

Appeals: If we deny your request, you may appeal our decision by contacting us at contact@color-swap.com. If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.

Nondiscrimination: We will not discriminate against you for exercising your privacy rights.

Authorized Agents: If you reside in California, Colorado, or Connecticut, you can designate an authorized agent to submit a privacy rights request on your behalf. We may ask authorized agents to submit proof of their authority to make the request, such as a valid power of attorney or proof that they have signed permission from you. In some cases, we may be required to contact you to verify your identity or confirm you have granted the authorized agent permission to submit this request. If you are an authorized agent seeking to make a request, please contact us at contact@color-swap.com

Notice of Financial Incentive: We may offer various financial incentives. For example, we may provide discounts, coupons, or other benefits to customers who sign up to receive our marketing messages, such as emails. When you participate in a financial incentive, we collect Personal Information from you, such as identifiers (like your email address), commercial information (like your purchase preferences and interests or purchase history), inferences drawn about your preferences, and other categories of personal information that relate to or are reasonably capable of being associated with you. You can opt into a financial incentive by following the sign-up or participation instructions provided, and, for any ongoing benefits, you can opt-out at any time, such as by following the unsubscribe instructions in the applicable program’s terms and conditions, promotional emails, or contacting us at contact@color-swap.com. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up. The value of your Personal Information is reasonably related to the value of the offer or discount presented to you.

changes to this privacy policy

We may change this Privacy Policy from time to time. The most recent version of the Privacy Policy will always be posted on the Website, with the effective date posted at the top of the Privacy Policy. We may revise and update this Privacy Policy if our practices change, as technology changes, or as we add new services or change existing ones. If we make material changes to our Privacy Policy or how we handle your Personal Information, or if we are going to use any Personal Information in a manner that is materially different from that stated in our Privacy Policy at the time we collected such information, we will try to notify you of such changes reasonably in advance. By using our Services after the effective date, you are deemed to consent to our then-current Privacy Policy.