WOVEN PRIVACY POLICY

Swoosh

This Privacy Policy (Policy) discloses the privacy practices for the www.startwoven.com, app.woven.team website and various related services (together referred to as the "Site"). Woven, the provider of the Site (referred to as "Woven", "us", or "we"), is committed to protecting the privacy of our website visitors and customers. Please read the information below to learn the following regarding your use of this Site.

You acknowledge that this Policy is part of our Terms of Use, and by accessing or using our Site, you agree to be bound by all its terms and conditions. If you do not agree to this Policy, please do not access or use this Site.

1. Types of Information Collected

To better provide you with our numerous services, we collect two (2) types of information about our users: Personally Identifiable Information and Nonpersonally Identifiable Information (both defined below). Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our Site.

(a) Personally Identifiable Information. “Personally Identifiable Information” 

refers to information that provides Woven the specifics of who you are. When you engage in certain activities on this Site, such as registering for the services, using the Site, submitting content and/or posting content in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, or sending us feedback, we may ask you to provide certain information by completing and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), email address, employer, job title and department, telephone and facsimile numbers, and other personal identifying information. When purchasing services on the Site, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

(b) Nonpersonally Identifiable Information. “Nonpersonally Identifiable Information”  

refers to information that does not by itself identify a specific individual. We gather certain information about you based upon how you use our Site. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Uniform Resource Locator (“URL”) of any sites you visited prior to or after our Site, your browser type, what browser you are using, and your Internet Protocol (“IP”) address. An IP address is a number that is automatically assigned to your computer or device whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses to facilitate users’ ability to communicate on the Internet.

2. Collection Methods and Use of Information. 

(a) Woven only collects the personal information that is necessary to provide the information or services requested by an individual. “Personal Information” refers to any information relating to an identified or identifiable individual who is the subject of the information. This is the same information that an individual might provide when visiting our office and it includes such items as an individual’s name, address, or phone number.  

(b) We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you: (a) register for our services and register your email address with us; (b) enter sweepstakes or contests sponsored by us or one of our partners; (c) sign up for special offers from selected third parties; (d) send email messages, submit forms or transmit other information by telephone or letter; or (e) submit your credit card or other payment information when ordering and purchasing services on our Site. We may also collect information from you at other points on our Site that state that such information is being collected.

(c) When Customers pay using their Visa, MasterCard, or American Express, Woven uses a third party payment processor (please see Section 7 below).

(d) In addition, we may also collect, or our third-party ad server and/or content server may collect, certain Nonpersonally Identifiable Information. We use your IP address to diagnose problems with our servers, software, to administer our Site and to gather demographic information. Our third-party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon at our Site.

(e) We will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you. We will also use Personally Identifiable Information to enhance the operation of our Site, improve our marketing and promotional efforts, statistically analyze Site use, improve our product and service offerings, and customize our Site’s content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms of Use, Order Forms and this Private Policy.

(f) Woven uses the collected information to respond appropriately to requests. This may be to respond directly to you or to improve the Site. E-mail or other information requests sent to Woven may be retained for future use by Woven.

(g) Woven understands that the nature of the User Content submitted to, exchanged with, reported from, and/or generated by Woven may be of a confidential, sensitive, and proprietary nature. Woven warrants and represents that it shall not share, utilize, review, access, or otherwise make use of any information submitted to, exchanged with, reported from, and/or generated by Woven except for the explicit purposes of operating Woven of as provided herein.

(h) Woven will not share, sell, or distribute User Content covered by this Policy with any third-parties, including any of our affiliated companies, officers, directors, shareholders, subsidiaries, agents, or representatives except as otherwise provided herein. 

(i) Notwithstanding the foregoing, we may share User Content with third-parties in the following circumstances:

(i) We may employ third-party service providers to perform functions on our behalf. They may have access to personal information needed to perform their functions, but may not use it for other purposes.  

(ii) From time to time, we may be required to share personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful.  

(iii) We may release User Content when we believe release is appropriate to comply with the law or any rue, regulation, government or court order; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Woven, our affiliated companies, our users, or others. However, this does not include selling, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Policy. 

3. Release of Information. 

We do not sell, trade, or rent your Personally Identifiable Information to others. We may provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personally Identifiable Information to operate our Sites and to deliver their services.  For example, we must release your credit card information to the card-issuing bank to confirm payment for services purchased on this Site. Use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners and is not subject to our control.

Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation.  We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities.  We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

We may also provide Nonpersonally Identifiable Information about our customers’ sales, traffic patterns, and related Site information to third-party advertisers, but these statistics do not include any Personally Identifiable Information.

4. Updating and Correcting Information. 

We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this Site. In addition, it may be impossible to completely delete your information without some residual information because of backups.

5. Modifications.

We reserve the right to change this Policy at any time. Such changes, modifications, additions, or deletions will be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an email to the email address listed by registered users or Customers by either sending an email to the notification email address, posting a notice on the Customer’s invoice, or posting a notice in the Administrator’s view of Customer’s account. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this Site and Policy periodically, and to be aware of any modifications. Your continued use of the Site after such modifications will constitute your (a) acknowledgement of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.

6. User Choices on Collection and Use of Information.

We may, from time to time, send you email regarding our Site or services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only Woven (or agents working on behalf of Woven and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily edit your account information to no longer receive such offers and mailings.

You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, some parts of our Site may not work properly.

7. Security of Information. 

At our Site you can be assured that your Personally Identifiable Information and Nonpersonal Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us. We may encrypt your Personally Identifiable Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to us.

To most efficiently serve you, credit card transactions are handled by established third-party banking, and processing institutions. They receive the information needed to verify and authorize your credit card or other payment information. Woven neither collects nor processes any payment card information (PCI). We may also use other third parties to assist or provide with the performance of certain services or functions on the Site.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information and Nonpersonal Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third-party.

8. Cookies. 

When you use our Site, we will store cookies on your computer to facilitate and customize your use of our Site. A cookie is a small data text file, which a website stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our Site. The cookies make your use of the Site easier, make the Site run more smoothly and help us to maintain a secure site. For example, the “Remember me” feature when you sign in to your account, we store your username in a cookie to make it quicker for you to sign in whenever you return to Woven. We also use cookies for security reasons such as authenticating your identity and confirming whether you are currently logged into the Site or determine if an incident impacts you. We store user preferences, your default language, device and browser information, your profile information which includes the level of usage of service and the web-pages on our Site which you visit, so we can identify you across devices and personalize the content you see. We use cookies to measure your usage of our services and track referral data, as well as to occasionally display different versions of content to you. This information helps us to develop and improve our services. You can configure your web browser to refuse cookies or to notify you when a website attempts to send you a cookie. You can also check your hard drive for cookie files and delete them from your computer. You are always free to decline our cookies if your browser permits, but some parts of our Site may not work properly in that case.

We may use an outside ad serving company to display banner advertisements on our Site. As part of their service, they will place a separate cookie on your computer. We will not provide any third-party ad server with any of your Personally Identifiable Information or information about you. We and our third-party ad server will collect and use Nonpersonally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our Site in the same manner as above, but we will not disclose any Personally Identifiable Information to them.

9. Privacy Policies of Third-Party Sites. 

Except as otherwise stated in this Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through our Site have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. We are not responsible for the policies or practices of third parties. Additionally, other companies which may place advertising on our Site may collect information about you when you view or click on their advertising using cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect. We do not sell your personal information to third parties.

10. Disclaimer.

(a) This Site and all elements thereof are provided on an “as is” basis without warranty of any kind, express or implied. Woven does not warrant that the Site will operate or perform in a manner that is uninterrupted or error-free, or that the Site or host server will be maintained free of viruses or other harmful code.

(b) Woven, its agents, and associates shall not be held liable for any damage actual or consequential arising from action taken in response to information presented on this Site. This Site is published independently of any software or hardware vendor. The views expressed in any Woven publication are those of the authors and do not necessarily reflect the views of Woven or any individual associated with this Site.

11. Miscellaneous Privacy Issues. 

You should be at least eighteen (18) years old to have our permission to use this Site.

Protecting children’s privacy is especially important to us. We recognize that some users may be under age eighteen (18). We do not knowingly collect personal information from children under thirteen (13) for marketing purposes.  If a child under the age of thirteen (13) submits personal information to the Company and we learn that that personal information is the information of a child under thirteen (13), we will attempt to delete the information as soon as possible. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws.

You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, etc.) in any public areas on this Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to public areas on this Site are accepted with the understanding that they are accessible to all third parties. If you do not want your submissions to be viewed by third parties, you are advised not to make them.  You should also be aware that if you interact with social media features on the Site, these features may collect information about your use of this Site as well as post information about your activities on this Site to your profile page. Your interactions with these features are governed by the privacy policy of the company providing it. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you are online.

Woven retains personal information we collect from you as long as we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements, resolve disputes and enforce our agreements). Woven retains nonpersonal information as long as is legitimately necessary or in accordance with record retention policies.. Woven will delete or otherwise discard customer data or data we collect about you while using our services at our discretion or when you contact us to do so. You can initiate such a request by contacting support@woven.com.

We do not knowingly collect or obtain from third parties, any personal data, including any “Sensitive Personal Data,” as defined under the General Data Protection Regulation (“GDPR”). “Sensitive Personal Data” are personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; data concerning health or sex life, and sexual orientation; genetic data or biometric data.

12. California Residents.

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (“California Act”) and the California Business and Professions Code. As required by the California Act, this Policy identifies the categories of personally identifiable information that we collect through our Site about individual consumers who use or visit our Site and the categories of third-party persons or entities with whom such personally identifiable information may be shared.

(a) Depending on the visitor's activity at our Site, certain “personally identifiable information” (as that term is defined in the California Act) may be collected, in addition to information set forth in other sections of this document. For purposes of the California Act, the term “personally identifiable information” means individually identifiable information about an individual consumer collected online by us from an individual and maintained by us in an accessible form, and may include any of the following:

(i) A first and last name;

(ii) A home or other physical address, including street name and name of a city or town;

(iii) An email address;

(iv) A telephone number;

(v) A social security number;

(vi) Any other identifier that permits the physical or online contacting of a specific individual; and

(vii) Information concerning a user that the Site collects online from the user, and maintains in personally identifiable form, in combination with an identifier described within this privacy policy.

(b) See Section 2 above entitled “Collection Methods and Use of Information” for a description of the process maintained by Woven for an individual consumer who uses or visits our Site to review and request changes to any of his or her personally identifiable information that is collected through our Site.

(c) See Section 5 above entitled “Modifications” for a description of the process by which Woven notifies who use or visit our Site of material changes to this privacy policy. The effective date of this privacy policy is also included above.

13. Residents in the European Union. 

This Policy is in compliance with the GDPR that was adopted by the Parliament of the European Union and published as Regulation (EU) 2016/679 (General Data Protection Regulation), which became effective on May 25, 2018. The full text of the GDPR can be viewed at https://gdpr-info.eu/.

If you are a visitor from the European Union (EU) and Switzerland, our legal basis for collecting and processing the information described above will depend on the information concerned and the specific context in which we collect and process it. We collect and process information from you only where we have your consent (Art. 6 para 1 lit. a) GDPR), where we need the information to provide our contractual obligation to you (Art. 6 para 1 lit. b) GDPR) or where we have a legitimate interest to do so.

If you wish to learn more about specific legal ground(s) we rely on to process your information for any particular purpose (including any legitimate interests we have to process information), then please contact us using the details provided below under “Get in touch”. However, by way of example, we rely on our legitimate interests to process information for fraud prevention and detection, provided these interests are not overridden by your data protection interests or fundamental rights and freedoms (Art. 6 para 1 lit. f) GDPR).

14. International Transfers.

Woven operates its technology from servers located in the United States and the information it collects through users is processed solely in the United States.  Laws governing the collection and use of data in the European Union, Switzerland, or United States may not be equivalent to those in the country where you reside, but Woven will at all times protect your data in accordance with this Privacy Policy.

We may share your information with our affiliates and other third parties described above who are based in countries outside of your country of residence. While some countries may not have data protection laws that are equivalent to those of the country in which you reside, we will take all reasonable measures to protect your information in accordance with this Privacy Policy and all applicable legal requirements.

If any of the recipients is located in a country without the adequate legal protection or safeguards for personal data, Woven will make reasonable efforts so the recipient adopts the principles described in this Privacy Policy.

15. Changes in Corporate Structure.

In the event that Woven is involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity.

16. Impact of EU - U.S. Privacy Shield.

This Privacy Policy is intended to comply with the GDPR and the EU-US framework of privacy principles agreed on February 2, 2016 and formally adopted by the European Commission implementing decision C(2016) 4176 final of July 12, 2016, or any other framework for transferring personal data from the EEA or Switzerland to the United States that is approved by the European Commission as providing an adequate level of protection pursuant to the GDPR (the “Privacy Shield”). In the event of any amendment to the GDPR or the Privacy Shield, this Privacy Policy shall be deemed to be amended to the extent necessary to ensure compliance with such amendment.

17. Your Rights.

You have the following rights:

(a) The right to be informed- this means we must inform you how we are going to use your personal data. We do this through this privacy policy and by informing you how your data will be used each time we collect it.

(b) The right of access - you have the right to access your personal data that we hold. This is called a subject access request. We must respond to your request within one month. To request access to your data, please email support@woven.com.  It is very helpful if you tell us what of your personal data you are seeking.

(c) The right to rectification - if you think the data we hold on you is incorrect, tell us so we can put it right. You can do this by emailing support@woven.com

(d) The right to erasure - you have the right to request that we delete your data. We will do so, provided that we do not have a compelling reason for keeping it. To request this, please email support@woven.com

(e) The right to restrict processing - you can change your communication preferences (therefore restricting how we communicate with you) by emailing support@woven.com.  There are also certain other circumstances in which you can suppress the processing of your personal data. To request this, please email support@woven.com.

(f) The right to object - you have the right to object to (i) direct marketing from Woven or from third parties we have shared your data with for direct marketing purposes. You can opt out of direct marketing any time by emailing support@woven.com; (ii)  any processing where our lawful basis is a legitimate interest. If you would like to formally object to any of our legitimate interest processing, please email support@woven.com

(g) Rights in relation to automated decision making and profiling -  this is not something we do Woven. If that ever changes, this policy will be updated accordingly. 

18. Withdrawing Your Consent.

Where we rely on your consent as the legal basis for processing your personal information, you may withdraw your consent at any time by contacting us using the details at the end of this Policy. If you would like to withdraw your consent or object to receiving any direct marketing to which you previously opted-in, you can do so using the unsubscribe tool (if it is an email), or by writing to us or calling us using the contact details at the end of this Policy.  If you withdraw your consent, our use of your personal information before you withdraw is still lawful. If you have provided consent for your details to be shared with a third-party, and wish to withdraw this consent, please also contact the relevant third-party in order to amend your preferences.

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us at support@woven.com or by sending a letter to: Woven Brands, LLC, 6304 Guilford Ave. Ste A, Indianapolis IN 46220.