Privacy Policy

PRIVACY POLICY

This website is owned and operated by 45 Footwear LLC. We respect your privacy and understand that you have a right to know why we collect your personal information and what we do with it. This Privacy Policy applies to information that identifies you as a person (“Personal Information”) that we collect through our Website (as defined below) as well as information we may collect offline.

This policy describes the type of information we collect from you and/or that you may provide us when you visit and/or use this website and/or any of our mobile applications (individually or collectively, “Website”). “You/your/user(s)” means you as a user of our Website.

By accessing the Website, you acknowledge this Privacy Policy and agree to be bound by the terms hereof, the Website Terms of Use, and any other terms or policies we post on the Website. If there is anything you do not understand, please email any inquiry to ours .If at any time you do not agree to this Privacy Policy, please do not use the Website or provide us with any Personal Information.

We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Website or emailing you notice of the changes. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. You can tell if this Privacy Policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.

YOUR SECURITY 

We strive to keep your Personal Information private and safe. We take commercially reasonable physical, technical, and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access.

Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Website, any transmission of Personal Information is at your own risk. We cannot guarantee that such information will not be intercepted by third parties, and we will not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism, and we are not responsible for unauthorized circumvention of any privacy settings or security measures contained on the Website.

YOUR RIGHTS

Various state laws provide you with certain rights as a consumer. If you are a resident of any of those states, you may have rights such as but not limited to:

  • The right to correct inaccuracies in your Personal Information
  • The right to request that we delete your Personal Information (unless we have a legal obligation to maintain such information)
  • The right to obtain a copy of your Personal Information from us that would allow you to transmit the data to another company
  • The right to opt out of the use of your Personal Information for purposes of targeted advertising

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

HOW TO EXERCISE YOUR RIGHTS

If you believe you are a resident of any state that has passed applicable laws relating to your privacy rights, please send your request to exercise any of these rights to us.

You may also fill out our online request form: please click here

If you wish to opt out of the use of your Personal Information for targeted advertising or remarketing, please click here 

CATEGORIES OF INFORMATION WE COLLECT

We collect Personal Information in three ways. First, we collect Personal Information that you provide to us. Second, we collect certain Automated Information that may contain Personal Information when you use our Website. Third, we may collect Personal Information from public sources or from third parties who have obtained such Personal Information in compliance with applicable laws and have the legal authority to provide such Personal Information to us.

We will only collect Personal Information which is adequate and reasonably necessary in relation to the purposes described in this Privacy Policy.

Personal Information You Provide to Us

The Personal Information you provide to us is generally:

  • contact details including name, email, telephone number and shipping, billing address, including city and state
  • login and account information
  • personal details and purchase history
  • personal preferences including your wish list as well as marketing preferences
  • purchase history
  • payment or credit card information through our third-party payment processor

We collect Personal Information directly from you when you provide it to us. This typically occurs when you:

  • sign up for our email list
  • place an order with us online
  • send us an email or other communication
  • create an account with us
  • participate in our promotions, surveys, and/or contests
  • complete forms that may appear on our website
  • send us an email or other communication that contains any Personal Information

It is optional for you to engage in such activity, however, if you choose to do so, we may require that you provide us certain Personal Information. Depending upon the activity, some of the information we ask you to provide is required and some is voluntary. If you do not provide required information for a particular activity, you may not be permitted to engage in that activity.

Automated Information

We also collect information, some of which may be Personal Information, through automated means when you visit our Website (“Automated Information”) such as:

  • the IP address of the device you use to connect to the internet (which may include information about your geographic location)
  • the unique identifiers of your device
  • your browser characteristics
  • your device characteristics
  • your operating system
  • your language preferences
  • the websites you visited before coming to our Website or through which you were referred to our Website
  • information on actions taken by you on our Website
  • dates and times of your visits to our Website
  • the pages you accessed on our Website

Information We Obtain From Third Parties

We may obtain Personal Information from third parties in a number of ways:

  • We may obtain Personal Information from third parties for marketing and business purposes. If we obtain Personal Information from third parties for any of these purposes, we will require that any third parties from whom we may obtain such Personal Information represent to us that they have acquired the Personal Information in compliance with all applicable laws and have the right to provide us such Personal Information for our marketing purposes.
  • We may collect Personal Information from publicly available sources.

HOW WE USE THE INFORMATION WE COLLECT

We will use your Personal Information in the following circumstances:

  • to fulfill product a product order;
  • to send you confirmation of your order;
  • to communicate with you about the status of your order;
  • to communicate with you about products, promotions, or other topics that we believe may be of interest to you;
  • to personalize online content and experiences to you;
  • to send you product update;
  • to administer your account;
  • to advertise our products to you;
  • to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • where you have asked us to do so, or consented to us doing so;
  • where we need to do so in order to perform a contract we have entered into with you;
  • where it is necessary for our legitimate interests (or those of a third party) and your fundamental rights do not override those interests; and
  • where we need to comply with a legal or regulatory obligation.

By providing your e-mail and checking a box, clicking the “complete” button, or some other affirmative act, you are consenting to receive e-mails to that email.                                                                                                  

CATEGORIES OF THIRD PARTIES WITH WHOM WE SHARE PERSONAL INFORMATION

We are committed to maintaining your trust and we want you to understand when and with whom we may share Personal Information and information collected about you. We do not share your Personal Information with any third parties except as set forth herein.

We may disclose your Personal Information to outside individuals and/or companies that help us bring you the products and services we offer, assist us in advertising and marketing our products to you, and to create, operate, and maintain our Website. For example, we may share your Personal Information with other companies or individuals in order to:

  • manage a database of customer information;
  • host our Website;
  • distribute our marketing and other e-mails;
  • provide payment processing;
  • advertise our products to you;
  • assist us with direct marketing and data collection;
  • provide data storage;
  • provide analysis;
  • provide fraud prevention;
  • provide order fulfillment and/or delivery services;
  • provide other services designed to assist us in developing and running our Website and maximizing our business potential.

If we seek investors or go through a business transition, including but not limited to, a merger, acquisition by another company, or a sale of all or a portion of our assets, your Personal Information will likely be shared as part of the negotiation of the transaction pursuant to an adequate confidentiality agreement and will likely be among the assets transferred in the event of a sale or partial sale of our assets.

We may also disclose or share your Personal Information with other companies or individuals when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of users of the Website or the public.

Third parties may collect information via our Website through cookies, third party plug-ins, widgets, and other technologies in order to:

  • deliver our advertisements to you;
  • deliver advertisements to you relating to other products and services that may be of interest to you;
  • provide us with analytical information about your visit to our Website;
  • provide us with analytical information about your interactions with our Website and other websites. 

DE-IDENTIFIED, ANONYMIZED, OR AGGREGATE DATA

We may generate and use de-identified, anonymized, or aggregate data for various purposes. Such data cannot reasonably be used to identify you. We will maintain and use this data only in a de-identified form and will not attempt to re-identify such data, except as permitted by applicable law. It is measured anonymously and only in the aggregate. We use such data to maintain and administer the Website, analyze trends, gather demographic information and comply with applicable law. We may share this information with others without express notice to you or consent from you, and we may exploit, use and disclose this data without limitation of any kind.

TRACKING TECHNOLOGIES

We engage or may engage service providers and third parties to serve advertisements of our goods/services across the Internet and to provide analytics services. These service providers and third parties may use cookies, pixels, web beacons and other types of technologies to collect personal information about your use of our Website. This information, which may contain Personal Information, may be used by us and others to analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our websites and other websites and better understand your online activity and similar data analytics among other things. To exercise your choices regarding the collection of such Personal Information, please click here.

We use Google Analytics or other vendors for analytics services to collect information and provide analysis about your use of the Website. Information generated by these vendors, such as IP address and usage information, is transmitted to and stored by these vendors in the U.S. or elsewhere. These vendors use this information to compile reports for us on your use of our Website and related analytics. You can opt-out of having made your activity on our Website available to Google Analytics by installing the Google Analytics opt-out browser add-on, which will prevent the sharing information of your information with Google Analytics. 

We also may work with third parties (such as Facebook and Instagram) to serve ads to you as part of a customized campaign on their platforms. If you prefer not to see customized ads from us, you can usually opt out by changing your account settings or preferences on those platforms.

TARGETED ADVERTISING AND REMARKETING

You may see advertisements for our products/services on other websites and mobile applications because we work with third party advertisers to engage in remarketing and retargeting activities. Through our relationships with these advertisers, we can target messaging to our users by interest-based, demographic, contextual, and other means. These third-party advertisers track your online activities over time and across websites and mobile applications by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites and mobile applications that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites or apps. This data collection takes place both on our Websites and on third-party websites and mobile applications that participate in the advertising networks. This process also helps us track the effectiveness of our marketing efforts. Some third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offer a single location to opt out of ad targeting from member companies.

We also may work with third parties (such as Facebook and Instagram) to serve ads to you as part of a customized campaign on their platforms. If you prefer not to see customized ads from us, you can usually opt out by changing your account settings or preferences on those platforms.

You may also opt-out of targeted advertising by clicking here

OTHER WEBSITES

Our Website may contain links or references to websites operated by third parties, or you may have come to our Website using a link found in another website. This does not mean that we endorse these websites or the goods or services they provide. We do not make any representations or warranties about any website that may be linked to the Website. Such other websites are independent from us, and we have no control over, or responsibility for, their information, products or activities. Our privacy practices may differ from those of these other websites. If you provide Personal Information at one of these third-party websites, you are subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make sure you understand the other website's privacy policy before providing such website with any Personal Information.

If you use a third-party website or application to access our Website or your account on our Website, your activities on such third-party sites or apps are governed by the privacy practices of those sites or apps. The privacy policies of other sites and apps may differ significantly from ours, and we have no control over the operation of those sites or apps or the manner in which they collect, store, or process data.

YOUR CHOICES ABOUT HOW WE USE YOUR INFORMATION AND OPTING OUT

There are ways by which you can control how your Personal Information is used.

Tracking

You can set your browser to refuse some or all cookies or to alert you when cookies are being sent. Please visit your specific browser’s instructions for doing this. The “Help” function on most browsers contains information on how you can set your browser to notify you before accepting cookies, or you can disable them entirely. If you opt out of cookies, you may not be able to take advantage of various features of the Website that are available to other users. For example, we may use cookies to recognize you by name when you return to this site so you don’t have to login again and provide your password each time. If you use more than one browser, you will need to change each browser’s settings in order to refuse cookies.

Promotional Offers

If you do not wish to receive our email promotional offers, you may opt-out by checking the relevant box when we collect your information, logging into your account to update your preferences, or clicking on the “unsubscribe” link found in emails we send to you. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving our communications will not affect your receipt of service-related communications, such as payment confirmations and delivery status updates, if we have a data breach, or other such communications for which we have a legal obligation to inform you and/or to prevent fraud or harm to our Website, our business, and/or third parties.

If you opt-out of receiving advertising or when using the ad industry opt out tools described above, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention), but it will not be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out, and we have no control over the practices of any third-parties.  If you use any of the third-party opt-out tools listed above, we do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.

DISCLOSURE FOR LEGAL PURPOSES 

You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we are legally required to do so. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Website, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.

CHILDREN

We do not knowingly permit persons under 18 years of age to use the Website, and we do not knowingly collect, use or disclose Personal Information from anyone under 18 years of age. If we determine upon collection of Personal Information that a user is under 18 years old, we will not use or maintain his/her Personal Information without the parent/guardian's consent. If we become aware that we have unknowingly collected Personal Information from a child under the age of 18, we will make reasonable efforts to delete such information from our records.

CONFIDENTIAL INFORMATION

We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas, or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display, and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas, or comments, or unless we first obtain your permission.

NOTICE TO CALIFORNIA CONSUMERS

The following applies to you only if you are a California resident.

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. At this time, we do not share any Personal Information with third parties or affiliates for their direct marketing purposes.

Please note the following:

  • Users can visit the Website anonymously without providing their Personal Information, but we may collect Personal Information, such as IP addresses, through the use of cookies or other tracking technologies; 
  • We will add a link to this Privacy Policy on our home page, or at a minimum, on the first significant page after entering Website;
  • Our Privacy Policy link includes the word “Privacy” and can be easily be found on the page specified above;
  • Users will be notified of any privacy policy changes on our Privacy Policy page;
  • Users are able to change their Personal Information by emailing us, by calling us, or updating their Personal Information in their online accounts with us;
  • Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. We do recognize such “Do Not Track” signals and
  • We allow the collection of users’ behavioral tracking by third parties for analytical and marketing purposes. We do not authorize the collection of Personal Information on the Website by third parties, except for the collection of IP addresses which may be used for analytical purposes.    

How Long We Retain Your Information

We retain personal information about you for as long as necessary to provide you with the Website. In some cases, we retain personal information for longer, if doing so is necessary to comply with our legal obligations, or as otherwise permitted by applicable law. Afterwards, we retain some information in a de-identified and/or aggregated form but not in a way that would identify you personally.

ASSIGNMENT 

We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder to any successor.

CONTACT

If you have any questions about your privacy or security at the Website, or wish to update your Personal Information, please send an email to us.

DATE LAST MODIFIED: February, 2024