PRIVACY & COOKIE NOTICE
UPDATED APRIL 15, 2015
This Privacy Notice describes the types of personal information we may collect, how we may use this information and when (under certain circumstances) we may disclose this information. This Privacy Notice also details the steps we have taken to secure your personal information. By visiting our Site, you accept the practices described in this Privacy Notice.
We are not responsible for the content on, or privacy practices of, any non-TOMS web site to which this Site links or that links to this Site.
TOMS will not collect any personal information about you except when specifically and knowingly provided by you. Examples of such information are name, shipping and billing addresses, phone number, email address, credit card information and customer preference data. Examples of ways in which we may collect such information from you include the following:
- Registration and Ordering. Before using certain parts of this Site or ordering products, you must complete a registration form. When registering, you will be prompted to provide certain personal information, including but not limited to your name, shipping and billing addresses, phone number, email address, and credit card number. In addition, you may also be asked to provide your gender, country of residence and/or for corporate account: the company's country of operation, so we can comply with applicable laws and regulations. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and this Site, and for internal marketing purposes. If we encounter a problem when processing your order, we will use the personal information to contact you.
- Email Addresses. Some areas of the Site allow you to enter your email address for purposes including, but not limited to: registering for the One for One™ movement or opening a TOMS account.
- Live Support: Our Live Chat function stores all chat for a period determined by TOMS. These transcripts are only accessed by TOMS for training and customer service purposes.
- Written Reviews: TOMS will require a valid registered e-mail address and a review name when it comes to completing the review form in relation to a specific TOMS product. Following the moderation process, your review, alongside your review name and date, will be posted on our Site.
- Video Reviews: You may submit a video review either by uploading or directly recording onto our Site. This may be rated, flagged or shared by users visiting the Site through e-mail, or across social networking sites (e.g. Facebook, Twitter, LinkedIn or Google+). Following the moderation process, the video is uploaded onto our Site. Note that if your TOMS profile is linked to a social networking profile (such as Facebook), your name will act as a hyperlink and Site users will be able to click through to access your social networking profile.
TOMS may transfer your personal information between TOMS Shoes, LLC and TOMS EMEA B.V. Wherever your personal information is transferred, TOMS will (i) comply with all applicable laws and (ii) take reasonable steps to safeguard the privacy of your personal information.
We do not sell or rent information about our customers and all information provided to TOMS remains confidential, except that:
- We may share aggregate or summary information regarding our customers with partners, advertisers or other third parties.
- We may share information with companies that provide support services to us such as a printer, mailing house, fulfilment company, payment service provider, or web host. These companies need information about you in order to perform their functions and are subject to confidentiality agreements. Unless otherwise required by law, they are not authorized to use any of your personal information we share with them for any other purpose. This information may also be shared with marketers whose products or services we feel may be of interest to you. This helps them and/or TOMS to market products and services in accordance with any marketing preferences that you indicated during registration.
- We will use your personal information to communicate with you about your orders and deliveries, and we may send you a confirmation email when you register/place an order with us. Also, if you submit your email address to register for the One for One™ movement or to open a TOMS account, we may use this information to stay in touch with you and/or monitor whether you open and/or click on URLs in TOMS e-mails.
- We may be required to disclose such information (a) in response to subpoenas, court orders, requests from law-enforcement officials, (b) if the request is necessary to protect to protect legitimate interests of TOMS or others, or (c) if we are otherwise required to disclose such information by law.
- We may publicly disclose the identity of the winner of any online sweepstakes, contests or promotions.
- In the event that TOMS or its assets are acquired by or merged with another company, we may share your information with any of our legal successors.
- We will use your written and/or video reviews on our Site and/or within TOMS for product improvement, product development, customer experience improvement, and possible communication/PR purposes.
Protecting Your Information
We endeavor to make shopping on the Site easy, secure and worry-free. We have taken several measures, including being PCI DSS compliant, so that your order and your credit card information are safe and secure. Our servers use Secure Sockets Layer (SSL), an advanced encryption technology that works with the main browser applications available on the market, and the Site's security has been tested & verified by expert security providers.
SSL is considered the industry standard and is among the leading solutions available to encrypt online transactions. Your personal information including your name, credit card number and address is encrypted so that it cannot be read as it is transmitted over the Internet. Regardless of these efforts, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, any information you transmit to us is sent at your own risk.
- Strictly necessary cookies: These cookies are essential in order to enable you to move around our Site and use its features, such as accessing secure areas of the Site. Without these cookies, services you have asked for, like shopping baskets, cannot be provided.
- Performance cookies: These cookies collect information about how visitors use the 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. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.
- Functionality cookies: These cookies allow the Site to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.
- Targeting/advertising cookies: These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaigns. They are usually placed by advertising networks with our permission. They remember that you have visited the Site and this information is shared with other organizations such as advertisers.
Certain parts of our Site require cookies. To adjust your browser settings so as to accept or reject cookies from us or from any other websites, please consult the "Help" section of your browser application. You can find out more information about cookies at: www.allaboutcookies.org. One of our service providers is Omniture by Adobe. For further information, including how to opt out, consult Omniture's privacy procedures at: http://www.adobe.com/privacy
Note that by disabling cookies, you may not be able to shop from this Site. However, you can still place orders over the telephone by contacting our customer service number at +0-800-028-1816.
SAFE SHOPPING GUARANTEE (FOR U.S. RESIDENTS ONLY)
The Fair Credit Billing Act states that your bank cannot hold you liable for more than $50.00 of fraudulent credit card charges. If your bank does hold you liable for any amount up to the full $50.00, TOMS will cover the entire liability, up to the full $50.00.
If you suspect unauthorized use of your credit card, you must notify your credit card according to its reporting rules and procedures.
Please note that TOMS will cover this liability only if the unauthorized use of your credit card resulted through no fault of your own from purchases made at TOMS online shopping while using our secure server.
We do not intentionally collect personally identifiable information from children under the age of thirteen. If we become aware that we have collected personally identifiable information from a user of the Site who is under the age of thirteen, we will remove that child's personal information from our files.
OPT OUT / CORRECTIONS
You can (a) access, correct, suppress, or update your personal information; (b) stop receiving emails from us by clicking on the opt out message provided in the communication or emailing newsletters@TOMS.com; (c) stop us monitoring whether you open and/or click on URLs in TOMS e-mails by clicking on the opt out message provided in the communication or emailing newsletters@TOMS.com; and/or (d) suppress your account to prevent any future purchases through that account. Please note that in case of account suppression, we will still retain certain information (including but not limited to personal information) so as to fulfil our legal and accounting obligations, for business purposes and to protect TOMS’ interests (e.g. invoices, payment transaction details, shipping and transactional information, etc.). You can also make these requests by emailing your request to TOMS Customer Support department at firstname.lastname@example.org. Please clearly label the subject line "Opt Out / Corrections," and do not email your credit-card number or other sensitive information. In specific circumstances, proof of identity and payment might be required.
OFFLINE COLLECTION, USE & DISCLOSURE OF INFORMATION
The majority of information that we collect is obtained through our Site, and this Privacy Notice applies only to that online collection of personal information. We also collect information offline, where we also try to protect the privacy of your personal information. One example involves someone calling us to place an order or to ask questions. When someone calls, we will ask only for the personal information we need in order to place the order or to answer the question. When we need to store information (such as order information), we will enter it into our database through SSL encryption. (See the Protecting Your Information section above for more information). Note that all calls are recorded for for training/customer service purposes and to provide evidence of possible transactions. Calls are retained for a period determined by TOMS.
We may change our Privacy Notice from time-to-time. We encourage you to refer to this Privacy Notice on an ongoing basis so that you understand our current Privacy Notice.
QUESTIONS AND FEEDBACK
We welcome your questions, comments and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue at email@example.com.
TERMS AND CONDITIONS