Privacy Policy

TUFF CHIN®, LLC PRIVACY POLICY

Effective January 20, 2022

This privacy policy describes the personal data collected or processed when you interact with Tuff Chin®, LLC. It also explains how your personal data is used, shared and protected, what choices you have relating to your personal data, and how you can contact us.

In this Privacy Notice, we describe how we use personal information that we collect from you if you are in the U.S. or Canada and you:

• Access or use our website www.tuffchin.com, or any other website, digital experience, mobile apps, stores, online or offline events, or application or online service we operate which includes a link to this Privacy Notice.
• Make a purchase or sign up in any of our online services; or
• Contact us for customer service.

Contents

1. What Types of Personal Information Do We Collect?
2. How Do We Use Your Personal Information?
3. With Whom Do We Share Your Personal Information?
4. How Do We Protect Your Personal Information?
5. What Are Your Choices and Rights?
6. Changes to This Privacy Notice
7. How Can You Contact Us?
8. How Do We Use Cookies?

1. What Types of Personal Information Do We Collect?

Information You Actively Submit: If you buy our products online, register for an online account with us, use the “wish list” features of our online services, sign up for updates and marketing communications from us, participate in our sweepstakes or surveys, request specific product customizations from us, submit a product review on our website, contact us for customer service, or otherwise interact with us via our online services, we may collect personal information about you, including the following:

• Contact Data, which may include your name, alias, username, postal address, email address and telephone number;
• Order information and Account Data, which may include your Contact Data, payment card information, billing address, birthday and month, gender, nationality, and the details of the products or services you have ordered, purchased or requested from us;
• “Wish List” Data, which may include your Contact Data and the products or services you are interested in;
• Giveaways or Sweepstakes Data, which may include your Contact Data and the details of the giveaway or sweepstakes you have voluntarily entered;
• Social Media Data, which may include your social media interactions with us (e.g., if you “like” or “share” or “comment” on something you see on our social media platforms) and any information you actively provide to us for social media marketing purposes; and
• Correspondence Data, which you voluntarily provide to us when making inquiries to customer care, comments on our social media, product reviews on our site, survey feedback, interests if you choose to participate in our clienteling program, and any other information you actively provide to us.

Information Passively Submitted on our Online Services: When you use our online services, we collect information from or about the computer, phone or other device on which you have installed, or from which you access, our online services, and information about your usage of our online services, including the following:

• Technical Data, which includes your IP address, browser type and version, device identifier, location and time zone setting, network and/or service provider, operating system and platform, page response times, and download errors;
• Online Usage and Interaction Data, which includes the websites you visited before and after visiting our website, products you viewed or searched for on our online services, length of visits to certain online pages, online page interaction information (such as scrolling, clicks, and mouseovers), methods used to browse away from online pages, your interactions with our marketing emails (such as whether and when you opened an email from us, and whether you clicked a link in the email or forwarded the email), and your interactions with our online ads.

Cookies and Related Technologies: We and our business partners may use cookies and other similar technologies such as pixel tags and web beacons to collect certain types of the Technical Data and Usage Data described above as permitted by applicable law. Cookies and similar technologies are placed on our site for the following purposes:

• Enable basic functioning of our website;
• Web analytics to improve our website (structure, features, accessibility and usability, content, or to fix any technical issues through gathering relevant technical data);
• Enable certain basic functions of online browsing and shopping with us (for example, save information you generated or provided on our website such as preferred items, items placed in the cart);
• Monitor the effectiveness of our online ads and marketing (by recording your interactions with our ads on third-party websites, our social media platforms or our marketing emails); and
• Learn more about your preferences and Internet browsing habits to provide you with tailored web-visit.

For more information about the cookies and similar technologies we use, please see our How we use Cookies in section 8 below.

No Children’s Information: Our online services are not intended for use by children under the age of 13. We do not knowingly register or otherwise collect personal information from any child under the age of 13 without the prior verifiable consent of the child’s parent or guardian.

2. How Do We Use Your Personal Information?

We use the following categories of personal information for the following purposes:

• Contact Data to communicate with you, including about products and services you have ordered, or to send you updates about our products, services, or campaigns that may be of interest; or when you voluntarily enter to win a contest, sweepstakes or giveaway.
• Order Information and Account Data to create and manage your account on our website (for example to enable you to access, update and save your preferences to the account); fulfill your orders, including product customization requests.
• Wish List Data to provide you with the “wish list” features of our online services, which allow you to identify and save products that you are interested in.
• Social Media Data to interact with you through our social media platforms; and administer social media marketing initiatives or social media advertising campaigns.
• Correspondence Data to respond to any specific queries you may have when you contact customer care, to understand your preferences so that we can provide you with updates about our products, events, or services that may be of interest, to administer sweepstakes and giveaways, or to improve our product offerings and customer experience based on your responses to a survey or product review.
• Technical Data and Online Usage and Interaction Data to provide, maintain, monitor, secure, debug, personalize and optimize our online services to and for you; provide you with customer service and technical assistance for example when you use our chat function; and to generally develop and improve our products and services. We also use technical data that is automatically collected by cookies and related technologies to understand the effectiveness of our ads and social media campaigns.

We also use your personal information for the following purposes (collectively, the “General Processing Purposes”), as permitted by applicable law:

• Advertising and Marketing Activities: To provide you with marketing communications, updates on special offers or promotions, products and services that we believe you may be interested in, or to administer and let you know about our sweepstakes and giveaways. We may tailor the content of those communications based on our understanding of your preferences.
• Compliance with Laws: To perform activities necessary to ensure compliance with applicable national, state, provincial and other applicable laws, and to respond to requests from government authorities.
• Performance of Contracts: To perform our obligations and exercise our rights under our Terms of Use or any other agreement that you enter with us.
• Protection of Legal Interests: To protect our legal interests, such as in the event of a complaint or dispute.
• Research and Development: To perform research and undertake surveys to understand preferences about our products and customer experience, to improve product design and product testing;
• Merger or Sale: In the event that we, or some or all of our assets are acquired by or merged with a third-party entity or in connection with a merger, acquisition, sale, or other change of control, we may transfer some or all of the personal information that we have collected about you to another organization as part of that transaction. If we intend to transfer your personal information in connection with such a transaction, we may proceed with notice to you, grant you an opportunity to object, or seek your consent, as permitted or required by applicable law.

3. With Whom Do We Share Your Personal Information?

We may share your personal information with the following types of third parties as permitted by applicable law:

• Our service providers and business partners: We rely on affiliated and unaffiliated companies, agents and contractors to assist us with the provision of Tuff Chin® services and products to you, including:
• Online payment and fraud prevention service providers when you make a purchase;
• Delivery / logistics service providers, to deliver products you have purchased;
• customer care services
• Infrastructure and IT service providers, including cloud service providers to administer our website and your account if you register with us;
• Marketing, advertising and communications agencies to send you information about products and services that may be of interest to you;
• Providers of services related to some enhanced online features such as customer review;
• Advertising companies who help us provide tailored advertising and understand the effectiveness of our ads and traffic on our site;
• Providers of website testing / analytics services; or
• External auditors and advisers;

We provide our service providers and business partners with access to your personal information so that they may provide services to us, subject to non-disclosure agreements and other data protection safeguards.

• Third parties permitted or required by law: In certain circumstances, we may be required to disclose or share your personal information to comply with a legal or regulatory obligation. For example, we may be required to disclose personal information to regulators, government agencies or to judicial or administrative authorities. We may also disclose your personal information to third parties where disclosure is both legally permissible and necessary to protect or defend our rights, for law enforcement purposes, or to enforce our contracts or protect your rights.
• Third parties connected with business transfers: We may transfer your personal information to third parties in connection with a reorganization, restructuring, merger, acquisition or transfer of assets, provided that the receiving party agrees to treat your personal information in a manner consistent with this Privacy Notice.

Please note our online services may contain links to and from the websites of our partners or affiliates that are not owned or operated by us. If you follow a link to any of these websites, please review the privacy policies of third party websites before you submit any personal information to them. We are not responsible for any privacy or security policies of these third party sites.

4. How Do we Protect Your Personal Information?

We have implemented technical and organizational security measures intended to safeguard the personal information in our custody and control. Such measures include, for example, limiting access to personal information only to employees and authorized service providers who need to know such information for the purposes described in this Privacy Notice, as well as other administrative, technical and physical safeguards.

For example, when you place an order on www.tuffchin.com, we use Secure Socket Layer (SSL) technology, an encryption tool that provides security while transmitting information over the Internet. We also use firewall technology, password controls, and other technological and procedural safeguards in respect of your online interactions with us.

While we endeavor to protect our systems, sites, operations and information against unauthorized access, use, modification and disclosure, due to the inherent nature of the Internet as an open global communications vehicle and other risk factors, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others.

5. What Are Your Choices and Rights?

Unsubscribe. You may unsubscribe from our marketing emails or SMS communications. To unsubscribe from email marketing, please click the “unsubscribe” link at the bottom of any email that you receive or email us at win@tuffchin.com. To unsubscribe from SMS communications, follow the instructions in the message. Please note that if you have already requested products or services when you decide to withdraw consent, there may be a short period of time for us to update your preferences and ensure that we honor your request.

Update, Modify or Correct Your Information. We encourage you to contact us to update or correct your personal information if it changes or if you believe that any information that we have collected about you is inaccurate. We may request information from you to honor your request, such as to ensure proper authentication or to verify the business branch of ours to which the information was provided.

Rights under Applicable Privacy Laws. You may have rights under applicable privacy laws, including to access or erase certain personal information that we have about you, or restrict or object to certain activities in which we engage with respect to your personal information. To submit a request to exercise any such rights, please contact us using the details in Section 7 below. If you are a resident of California, please also see our Supplemental California Privacy Policy at Section 8 below.

6. Changes to This Privacy Notice

We may change, modify, add, or remove portions of this Privacy Notice at any time, in which case we will provide individuals with notice of such updates where required by applicable law and then upload the updated Privacy Notice to our website www.tuffchin.com. You should check this page periodically for changes. Your continued use of our online services or any of the other services described in this Privacy Notice following the posting of changes to this Privacy Notice will be considered your consent to those changes.

Questions, Feedback and Metrics. We welcome questions, comments, and concerns about our privacy policy and privacy practices.

7. How Can You Contact Us?

To exercise any of your privacy rights, or if you have any questions or concerns regarding this Privacy Notice or the data processing practices outlined herein, please contact us as follows:

Customer Care

• by email: win@tuffchin.com
• by phone: (970) 236-6397
  M-F 8 am – 10 pm EST
  Sat 9 am – 7 pm EST
  Sun 11 am – 7 pm EST
• by post: Tuff Chin LLC, 10952 S Pikes Peak Dr Parker, CO 80138

8. How do we use Cookies?

In this Cookie Notice, we, Tuff Chin LLC, explain how we use cookies and similar digital tracking technologies on our website and other online services.

Like many other organizations, we use cookies or similar digital tracking technologies on our website for a number of purposes as set out below. Cookies (or other similar technologies) can be placed on our website by us or by third-party partners we engage for our purposes.

Third-party cookies may also be deployed on our behalf on third-party websites (e.g. to measure the effectiveness of ads). We respect applicable law about cookies. In particular, we use cookies only with your authorization where this is required by applicable law. In any case, you may opt-out from cookies at any time by changing your browser settings accordingly. However, as a consequence of your opt-out, certain functions, portions or features of our website may cease working or may prevent you from fully benefiting of our online services.

A. Categories of cookies
Some cookies are deleted when you close down your browser. These are known as session cookies. Others remain on your device until they expire or you delete them from your cache. These are known as persistent cookies and these types enable us to remember things about you as a returning visitor. The main categories of cookies we use include:

• Strictly necessary cookies: These cookies are essential in order to enable you to move around the website and use its features and ensuring the security of your online transactions with us and online access to our website. Without these cookies, services you have asked for, such as completing a transaction, cannot be provided. These cookies don’t gather information about you for the purposes of marketing.
• Performance cookies: These cookies allow us to count the number of visitors and collect information about how visitors use a web site, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor although they may collect the IP address of the device used to access the site. All information these cookies collect is anonymous and is only used to improve how a website works and the user experience. By using our websites you agree that we can place these types of cookies on your device, however you can block these cookies using your browser settings (please see “How to manage your cookies” section below).
• Functionality cookies: These cookies allow us to recognize you when you return to our website and allows the website to remember choices you make (such as your user name). They may also be used to provide services you have requested such as watching a video. The information these cookies collect is anonymized (i.e. it does not contain your name, address, account details, etc.) and they do not track your browsing activity across other websites. By using our websites you agree that we can place these types of cookies on your device, however you can block these cookies using your browser settings (please see “How to manage your cookies” section below).
• First and third party cookies: Whether a cookie is a first or third party cookie depends on which website the cookie comes from. First party cookies are those set by or on behalf of the website visited. All other cookies are third party cookies.
• Targeting/Marketing cookies: These cookies make marketing and advertising messages more relevant to you. We or a third party advertising partner may collect information relating to your browsing history and interests to deliver relevant advertising to you. The advertisement partner may use marketing cookies, pixels or similar technologies to collect usage, navigational or other statistical data about your activities on our websites and mobile applications and other websites and apps (such as web pages you visit, ads you click on) and use this information to make predictions about your interests and provide you targeted advertising based upon your interests. These parties may also use this information to limit the number of times you see the same advertisement on our websites or mobile applications and to help measure the effectiveness of advertising campaigns. To learn more about your options and how to opt-out of targeting cookies, please see “Opting-out of Interest-Based Advertising” under “How to Manage your Cookies?” below.
• Personalization cookies: Cookies may also be used on our website to personalize your shopping experience and enable you to use certain function (such as “add to wishlist” or “save”, to deliver ads which might be relevant to you, or for us to conduct internal testing on what works best for our customers.To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org. Alternatively, you can search the Internet for other independent information on cookies.

B. Purposes of use of cookies

We use cookies for the following purposes:

• Enable basic functioning of our website or to fix any technical issue through gathering relevant technical data;
• Web analytics to improve our website (structure, features, accessibility and usability, content) or to fix any technical issue through gathering relevant technical data;
• Enable certain basic functions of online browsing and shopping with us (for example, save information you generated or provided on our website such as preferred items, items placed in the cart, billing address to save time and effort when you next return to our website or shop with us);
• Monitor the effectiveness of our online ads and marketing (by recording your interactions with our ads on third-party websites, our social media platforms or our marketing emails);
• Learn more about your preferences and Internet browsing tastes to provide you with tailored advertising (you certainly don’t want to hear from us about something you are not interested in).

C. How to manage your cookies?

The browsers of most computers, smartphones and other web-enabled devices are typically set up to accept cookies. If you wish to amend your cookie preferences for this website or any other websites, you can do this through your browser settings. Your browser’s ‘help’ function will tell you how to do this. If you do not want the benefit of cookies, there is a simple procedure to manually delete your cookies at https://www.allaboutcookies.org/manage-cookies/stop-cookies-installed.html, but please visit the links below to opt-out of marketing cookies from over 50+ major third party behavioral advertising providers:

• Network Advertising Initiative:
  www.NetworkAdvertising.org/choices/
• Digital Advertising Alliance:
  www.aboutads.info/choices/

Please remember that cookies are often used to enable and improve certain functions on our website. If you choose to switch certain cookies off, may affect the user experience.