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Effective:  December 2, 2024

Kith Toronto UCL, Kith Canada Logistics ULC, and each of their affiliates (collectively, “KITH,” “we,” “us,” “our”) respect your privacy and are committed to protecting the Personal Information (as defined below) we hold about you. 

This Privacy Statement explains our practices with respect to Personal Information we collect, use, and/or disclose about you. This includes information we collect through, or in association with, our websites with home pages located at https://ca.kith.com, and any related apps that we may provide, together with all products and services we may offer from time to time via our website, retail stores and/or related apps, our related social media sites (for example, on Instagram, Twitter, and Facebook), or otherwise through your interactions with us (the website, stores, apps, products, services, and social media pages, collectively, the “Services”). 

Please review the following to understand how we collect, use, and/or disclose Personal Information about you. By using any of our Services, whether by visiting our website or otherwise, and/or by voluntarily providing Personal Information to us, you acknowledge that you have read and understand the practices contained in this Privacy Statement.

1) Definitions

“Cookies” are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the website’s or provider’s system to recognize your browser and remember certain information.

“Personal Information” means information about an identified or identifiable individual, and includes the personal information of our customers and Users of our Services.

“User” is the individual using our Services. 

“You” refers to the person or entity browsing, accessing or otherwise using our Services.

2) Modifications and Updates to this Privacy Statement

We reserve the right, at any time, to modify, alter, and/or update this Privacy Statement, and any such modifications, alterations, or updates will be effective upon our posting of the revised Privacy Statement. Your continued use of the Services following our posting and/or your acknowledgement of any revised Privacy Statement will constitute your acknowledgement of the amended Privacy Statement.

3) Applicability of this Privacy Statement

This Privacy Statement is subject to the Terms and Conditions that govern your use of the Services. This Privacy Statement applies regardless of the means used to access or provide information through the Services.

This Privacy Statement does not apply to Personal Information collected, used, or disclosed by third parties (including via their services, applications, websites or advertisements) as part of or associated with the Services. This includes, but is not limited to, PayPal (which processes payments on your behalf), Global-e (which fulfills orders on your behalf), and social media pages. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices and under no circumstances are we responsible or liable for any third party’s compliance therewith.

4) What Information Do We Collect?

We collect a variety of Personal Information from and about you through the Services, including:

• When you provide it to us directly;
• Automatically through logging and analytics tools, cookies, pixel tags, and as a result of your use of and access to the Services; and
• From publicly available sources and third-parties, including service providers such as Shopify, PayPal, and Google, and through your interactions with us on social media websites.

You have choices about certain information we collect. When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide any aspect of our Services, you may not be able to use those Services. In addition, as described below in the section captioned “Your Choices" it is possible to change your browser settings to block the automatic collection of certain information.

Finally, we may collect data that is not identifiable to you or otherwise associated with you and is not Personal Information. To the extent this data is stored or associated with Personal Information, it will be treated as Personal Information; otherwise, the data is not subject to this policy.

Information Collected from You. We collect Personal Information from you when you provide it to us, including by entering it into website forms, placing orders, creating an account, signing up to receive email and/or text messages, or contacting us with questions or comments.

For example, you can choose to sign up for email notifications and/or text notifications through the Services by providing us with your email address and/or phone number, respectively. You can also choose to sign up for an account on the Services by providing us with your first and last name, email address, and password. If you order products from us through the Services, you must provide us with information to process that request, including but not limited to email address, first and last name, billing address, shipping address (if applicable), payment information, telephone number, and any other information you may optionally provide.

If you contact us with questions, requests, or complaints, including through the “Live Chat” functionality on our website, we collect Personal Information sufficient to answer your questions, address your requests, and/or handle your complaints, as applicable. 

We also collect information from you that, depending on applicable law, may not constitute Personal Information.

Information Collected Automatically. When you browse or use the Services, we utilize commonly-used logging and analytics tools, including Google Analytics, Klaviyo and Shopify’s analytics tools, to collect information about your device, the network used to access the Services, and information about your use of the Services. 

We also use certain technologies on the Services, including cookies and pixel tags, that allow us, our service providers, and third parties to store information locally on your device, identify your device, track your interactions with other sites or with our email campaigns, and track activity over time and across websites. 

Information collected automatically includes the software and hardware attributes of the device you use to access the Services, unique device ID information, regional and language settings, performance data about the Services, network provider, and IP address (a number assigned to your device when you use the Internet). In addition, information may be collected passively in the form of log files and third-party analytics (including Google Analytics and Shopify’s analytics) that record website activity. For example, log file entries and analytics data are generated every time you visit a particular page on our website, and track the dates and times that you use the Services, the pages you visit, the amount of time spent on specific pages, and other similar usage information, and general data (including the name of the web page from which you entered our website).

Please note that if you visit one of our stores, we collect data through use of CCTV to ensure and maintain the security of property and premises and the safety of our staff and customers, and to prevent, deter and investigate theft and crime. 

Information Collected from Third Parties. We may receive Personal Information from third parties that we have engaged to provide services to us, including payment processors (such as PayPal), international fulfilment providers (such as Global-e), ecommerce platforms (such as Shopify), other vendors and service providers that provide services related to shipping, returns, customer support, fraud mitigation, and email marketing, as well as from third parties that provide web analytics and usage information to us (such as Google Analytics).

In addition, if you choose to interact with us or our partners on social media by posting to our pages, tagging us (or using certain hashtags or other identifiers) in posts, or participating in activities, we may collect certain information from the social media account you use to interact with us, including the name associated with the account, the account handle, recent activity, the content of any posts in which we are tagged, and other information that may be contained on your social media profile to allow us to respond to the posts and engage with our audience.

For the purposes of this Privacy Statement, “partners” means affiliates, service providers, licensors, vendors, manufacturers, distributors, or other third parties with which we have a business relationship.

5) Use of Cookies and Other Tracking Technologies

We use Cookies, web beacons, pixels, and similar technologies to collect information and personalize your experience with our Services. 

Cookies

 

How We Use Cookies – We use first-party and third-party Cookies for the following purposes:

 

• to make our Services function properly;
• to improve our Services;
• to recognize you when you return to the Services and to remember information you have already provided and your preferences;
• to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests; and
• to provide a secure browsing experience during your use of our Services.

How to Manage Cookies – You may disable the use of Cookies by modifying your browser settings. If you choose to disable Cookies you may not be able to fully experience the interactive features of our Services. 

 

Online Analytics and Advertising Technologies

 

We and our affiliates may use automated technologies (including Cookie identifiers on the Services), along with other collected information, to tailor ads or deliver content when you are on our Services or on other devices, apps or websites.

 

Interest-Based Advertising

 

We (or our service providers) may use the information we collect, for example, IP addresses and unique mobile device identifiers, to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, in order to better tailor content and features and provide you with a seamless experience across devices. If you wish to opt out of cross device tracking for purposes of interest-based advertising, you may do so through your device settings. We may also use cross-device targeting to help identify our users and serve advertising. This type of advertising is often called “interest-based” or “personalized” advertising—and when it occurs on mobile apps, “cross-app” advertising.

 

You can learn more about interest-based advertising and how to opt-out of receiving tailored advertising by visiting (i) the Network Advertising Initiative’s Consumer Opt-Out link or (ii) the Digital Advertising Alliance’s Consumer Opt-Out link. 

 

To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page.

 

To opt out of Twitter’s interest-based ads, you can follow their instructions posted here. 

 

To opt out of Facebook’s interest-based ads, you can follow their instructions posted here. 

 

Please note that even if you opt-out, you may still receive advertisements from us. However, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs.

 

Mobile Applications 

 

Depending on your permissions, we may receive your Personal Information from your Internet service and mobile device providers. Users of mobile device who do not want to receive interest-based advertising may opt-out in several ways. You can learn more about your choices for mobile devices by visiting https://youradchoices.ca/. Each operating system, (iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You should view your device or system “Settings” to determine how you can opt out of use of your device ID for “cross-app” personalized advertising.

 

Please see our Cookie Policy for more information about cookies and web tracking technologies on the Services.

6) How Do We Use Personal Information?

We may use the information we collect or receive about you for various purposes:

To Provide You With Our Services

We use your information to provide you with the Services. For example, we use credit card information to complete a transaction or an address to fulfill your purchase order. If the applicable in-formation is to be provided or Service is to be performed by a third party, then we will disclose the applicable Personal Information to the third party providing the information or performing applicable Services. Your information may be available or provided to third-party service providers (such as credit card companies, and payment processing companies) and that are contractually obligated to protect your information as disclosed in this Policy. 

To Maintain, Improve, and Personalize the Services

 

We use your information for our everyday business operations such as auditing, administration of the Services, forum management, fulfillment, and analytics. Your information may also be used to improve the content and/or functionality of the Services. For example, it may be used to help us improve our offerings. We also use your information to personalize your experience. We may personalize the content and features you see when visiting our Services. In addition, we may personalize advertisements, marketing communications, and recommendations to make them more tailored to your interests.

To Communicate with You

We use your information to communicate with you. We may contact you with promotional offerings or other communications that may be of interest to you. If we send you marketing emails about Services that may interest you, each email will contain instructions permitting you to “un-subscribe” from receiving future marketing or other communications within ten (10) days. 

Note that commercial electronic messages (including emails, SMS, MMS and text messages) will not be sent to persons in Canada unless they have provided explicit consent to receive such messages, or we have implied consent to send such messages pursuant to applicable legislation. However, we may still send transactional messages as permitted under applicable laws.

In the event you contact us, we use certain information to respond to your questions and assist you with any issues that may arise in your use of the Services. 

For Account and Network Security Purposes

We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your Personal Information, such as your device information, activity information and other relevant information. We use such information to combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information. 

To Maintain Legal and Regulatory Compliance

Our Services are subject to certain laws and regulations which may require us to process your Personal Information. For example, we process your information to fulfill our business obligations, or as necessary to manage risk as required under applicable law.

To Enforce Compliance with Our Terms and Condition and Policies

When you access or use our Services, you are bound to the applicable Terms and Conditions for the Services and this Policy. To ensure you comply with them, we process your Personal Information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our Services. We also process your Personal Information to: investigate, prevent or mitigate violations of our internal terms, agreements or policies; and enforce our agreements with third parties and business partners.

To Protect You, Others, and Our Business

We use your information to protect you, others, and our business, including, without limitation, using information for fraud prevention, for enforcement of our Terms and Conditions [Hyperlink to the Canadian Terms and Conditions], to comply with the law, and to protect against security risks.

For Our Business Purposes

We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.

7) To Whom Do We Disclose Your Personal Information?

Your Personal Information is not shared with third parties without your permission, except as described below.

Service Providers

We may share your information with our third-party service providers for certain business purposes. This information is provided in order for them to provide us services such as payment processing, advertising services, marketing partners, web analytics, data processing, IT services, customer support and other services. These third-party service providers have access to your Personal Information solely for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose.

Here is a list of some of the third-party service providers that we use: 

• Google
• Shopify
• Paypal
• Klarna
• Klaviyo
• Gorgias
• Wonderment

Partners 

We may share your information with our partners.

When Required by Law

We recognize that information related to your orders could contain private information. However, we may be required to disclose your information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the security of users of our Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity. 

Corporate Transactions

In the event of a sale, transfer, amalgamation, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction.

With Your Consent

We also may share or disclose your information with your consent or at your direction. 

8) Protecting Personal Information

We have implemented organizational, technological, and physical security controls that are designed to safeguard Personal Information. However, no online activity is ever fully secure or error-free. 

However, no method of safeguarding information is completely secure. While we use measures designed to ensure the protection of your Personal Information, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Services is secure.

9) Retention of Personal Information  

We will retain your Personal Information for as long as your account is active or as needed to provide you with the Services and to maintain a record of your transactions. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

10) Your Rights Regarding Personal Information

You have a variety of legal rights regarding the collection and use of Personal Information. You may exercise these rights, to the extent they apply to you, by contacting us at the contact information provided at the end of this Privacy Statement, or by following instructions provided in communications sent to you. Please be prepared to provide additional information to identify yourself and authenticate your requests.

Access, Modifications and Corrections to Collected Personal Information. We strive to maintain the accuracy of any Personal Information that may be collected from you, and will use commercially reasonable efforts to respond promptly to update our database when you tell us the information in our database is not accurate. However, we must rely upon you to ensure that the information you provide to us is complete, accurate, and up-to-date, and to inform us of any changes. Please review all of your information carefully before submitting it to us, and notify us as soon as possible of any updates or corrections.

Records. In accordance with applicable law, you may obtain from us certain Personal Information in our records, although we may request certain reasonable additional information to help us authenticate such requests. If you wish to access, review, or make any changes to Personal Information you have provided to us through the Services, you may do so at any time by contacting us as provided below or, for certain information, through your account on the Services. Please note, however, that we reserve the right to deny access as permitted or required by applicable law.

Requests may be submitted using our Data Request Form.

11) Other Important Information About Personal Information and the Services.

Our Privacy Statement also includes information about other practices with respect to Personal Information, including:

• Collection of Personal Information from children;
• Links and references to third-party websites and services on our Services:
• What happens to Personal Information in the event we sell or transfer some or all of our business; 
• Information about “Do Not Track”; 
• Information about where we process and transfer Personal Information; and 
• Information about payments.

Children’s Privacy.  We do not knowingly collect personally identifiable information from anyone under the legal age of majority in the relevant province (a “Minor”). If you are a parent or guardian and you are aware that your Minor has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from Minor without verification of parental or guardian consent, we take steps to remove that information from our servers.

Third-Party Sites. Some of the functionality may be provided by third parties and the Services may link to other third-party websites that are not controlled by us. These third parties are not under our control and we are not responsible for their privacy policies or practices. If you provide any Personal Information to any third party or through any such third-party website, we recommend that you familiarize yourself with the privacy policies and practices of that third party.

Business Transfer. We may, in the future, sell or otherwise transfer some or all of our business, operations or assets to a third party, whether by merger, acquisition or otherwise. Personal Information we obtain from or about you via the Services may be disclosed to any potential or actual third party purchasers and may be among those assets transferred.

Do Not Track. We use analytics systems and providers that process Personal Information about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. 

We do not support Do Not Track (“DNT”). DNT is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the Preferences or Settings page of your web browser.

International Use.  We have operations and vendors in the United States, Canada, and other countries which means we may transfer your personal information to or store or access it in jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. We provide adequate protection for the transfer of personal information in accordance with applicable law, such as by obtaining your consent, setting up contractual obligations with our service providers and third parties.

Payments. We may provide paid products and/or services within the Services. In that case, we use third-party services for payment processing (e.g., payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payments processor whose use of your Personal Information is governed by their privacy policy.

All payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

12) Contact Us

If you have any questions or complaints about this Privacy Statement and/or how we collect, use, and/or disclose your Personal Information, or would like to exercise any of the rights set forth above, please contact us at:

Attn: Director of Web Operations 

KITH

25 Kent Avenue, 3rd Floor

Brooklyn, NY 11249

privacy@kith.com