This 2XU Privacy Policy pertains to the 2XU Affiliate Marketing system and describes how we may collect and use personal data and the rights granted to merchants, affiliates and customers regarding their respective data.

 

By joining the Affiliate program, you signify your approval of the terms set out in this Privacy Policy, and the Operating Agreement and Terms and Conditions set forth at [https://us.2xu.com › pages › terms-and-conditions] (“Operating Agreement”). If you do not agree to this Privacy Policy and the Operating Agreement, you are not be authorized to use the affiliate marketing system. Please carefully review this Privacy Policy and the Operating Agreement.

 

This Policy only applies to information collected and maintained by us. We may update this Privacy Policy from time to time in order to reflect, by updating this Policy website page, which is how users will be notified of changes (for example, changes to our privacy practices or for other operational, legal, or regulatory reasons). You are encouraged to regularly review this Policy website page for changes to these terms. Prior versions of this Policy are available for review but are inapplicable once updated. By continuing to our affiliate program after these changes are posted, you agree to the revised policy.

 

If you are a California resident, please see the California section below. If you have any questions or wish to exercise your rights and choices, please contact us as set out in the Contact information section below.

 

Personal Information Controller

 

Any personal information provided to or gathered by 2XU under this Privacy Notice will be stored and controlled by 2XU (the data controller).

 

Personal Information Collected

 

Personal Information means personally identifiable information such as name, postal or email addresses, telephone, fax or mobile numbers. We will explicitly ask you when we need information that personally identifies you or allows us to contact you ("Personal Data"). Personal Data may include, but is not limited to the following categories:

 

·         First and last name

·         Contact information (company (if applicable), name, email, phone, physical address)

·         ID data such as browser type and operating system details

·         Unique identifiers such as user name, account number and password details

·         Social media handles (i.e. Instagram, TikToc, etc.)

·         Demographic information such as age, education, gender, interests and zip codes

·         Payment and financial information

 

Generally, Personal Data is requested when you request a particular service or information from us, when you purchase access to a product or service. The extent of the Personal Data to which you submit is determined and controlled by you at your sole discretion. Additionally, when possible, we will provide you with the opportunity to make sure that your Personal Data is correct and up to date.

 

Information collected from Merchants

 

When merchant uses the app, we are automatically able to access certain types of information from your Shopify account such as email, first name, last name, and shop information (shop domain, shop currency, shop address). We collect this information to provide you with our Services; for example, to confirm your identity, contact you, provide customer support when you contact us, provide you with advertising and marketing activities.

 

Information collected from Affiliates

 

When an Affiliate signs up to join a program, we collect some information to inform merchants such as email, personal information, payment details, social network information, and how the affiliate discovered the program. The information would help merchant evaluate affiliate background and potential, along with process specific activities within the app and contact affiliate if needed.

 

Information collected from Customers when visiting merchant website

 

In order to track referral order, when customers visit merchant website and make a purchase, the 2XU system will collect information of order such as total order, order items, and order ID.

 

About Cookies

 

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier.

 

Cookies are created when a user's browser loads a particular website. The website sends information to the browser which then creates a text file. Every time the user goes back to the same website, the browser retrieves and sends this file to the website's server.

For more information about cookies, including how to disable them, visit allaboutcookies.org.

Because cookies allow you to take advantage of some of Affiliate marketing system’s essential features, we recommend that you leave them turned on. Cookies generally make your browsing experience better. But if you want to disable cookies, often the most effective way is through your browser. Refer to your browser’s Help section, or visit the All About Cookies website. (See also, the Cookies[3] section below for further information).

 

We do not track visitors across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) requests.

 

Information sharing

 

Ensuring your privacy is important to us. We do not share your personal information with third parties except as described in this privacy policy. We may share your personal information with third-party service providers who we employ to process specific functions; examples include providing email marketing activity, analyzing data and other marketing support. Third-party service providers have access to personal information only as needed to perform their functions and they must process the personal information in accordance with this Privacy Policy.

 

We may also disclose your personal information to any applicable third-party service-providers, as referenced in this Privacy Policy, with your prior consent.

 

Third parties that may have access to data, including Personal Information, through our Website and the purposes they perform are described below:

 

Shopify - https://www.shopify.com/legal/privacy

 

UpPromote is a Shopify plug-in. Please refer to the above Shopify privacy terms as well as the Shopify terms of service, available at https://www.shopify.com/legal/terms.

 

AP21 - https://www.apparel21.com/privacy-policy

 

AP21, our Enterprise Resource Planning (ERP) system, integrates with Shopify to securely collect and process order, customer, inventory and product data. This integration enables streamlined operations such as order fulfilment, stock management, accounting and customer service. All data is handled in compliance with applicable privacy regulations and is used solely to support and enhance your shopping experience. Please refer to the above AP21 privacy terms for more information about how AP21 protects Personal Information we share with them on your behalf with respect to the services.

 

US Bank - https://www.usbank.com/about-us-bank/privacy.html

 

We will share banking details, name, email address, physical address, Ban name, routing and account details and Swift code details with US Bank for purposes of paying any fees due to You, hereunder. Please refer to the above US Bank privacy terms for more information about how US Bank protects Personal Information we share with them on your behalf with respect to the services.

 

Use of Personal Data 

 

We may use Personal Data:

 

·         to respond to your inquiries and fulfil your requests;

·         to inform you about information regarding the website, products and/or services that you may be interested in, or in which you are already enrolled, changes to terms, conditions, and policies and/or other administrative information;

·         to deliver marketing communications that may be of interest to you, including, ads or offers tailored for you;

·         to send email newsletters and commercial messages to readers who have voluntarily opted to receive the products and provided their email address. Each email we send includes an "opt-out" link readers can use to remove themselves from the distribution list;

·         to respond to merchants, affiliates and/or customers’ service requests and support needs more efficiently;

·         to manage merchant, customer and/or affiliate relationships:  We may use personal information that you provide, particularly your contact information and information relevant to the applicable product or service offerings, for the purpose of managing the relationship and in connection with any potential contractual arrangements between us;

·         to improve products, processes and/or services;

·         to comply with state and federal law requiring employers to maintain certain records; and/or

·         to process payments.

 

How we share Personal Information

 

·         We do not sell, trade, or rent Personal Information to others.  We may disclose Personal Information about you to affiliated companies, third party service providers and partners who provide data processing services to us (for example, to support the delivery of, provide functionality on, or help to enhance the security of our website), or who otherwise process Personal Information for purposes that are described in this Privacy Policy or notified to you when we collect Personal Information about you. Parties with whom we may share Personal Information are bound to contracts requiring them to use and disclose Personal Information only for the permitted purposes set forth in the contract and to use reasonable security measures to protect Personal Information from unauthorized access and use.

·         We may also disclose Personal Information about you to an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use Personal Information only for the purposes disclosed in this Privacy Policy.

·         We may also use and disclose Personal Information to comply with laws, regulations, court orders and lawful instructions from government agencies, where we believe disclosure is necessary (i) as a matter of applicable law or regulation, (ii) to exercise, establish or defend our legal rights, or (iii) to protect your vital interests or those of any other person.

 

Use of UpPromote app by Children and Children’s Privacy Rights

 

We are committed to complying with the United States’ Children Online Privacy Protection Act (COPPA), the California Consumer Privacy Act of 2018, as amended, and its implementing regulations (“CCPA”) and other applicable laws or regulations relating to children’s privacy rights. UpPromote, and our website and services are not targeted at children under the age of 13, and we do not knowingly collect information from children under the age of 13. If you are under 13, you may use the affiliate marketing system only with the supervision of your parent or guardian. If you learn that your child has provided us with Personal Information without your consent, you may alert us at usa@2xu.com. We will take steps to delete it if we learn we have collected it.

 

Links and Embedded Material 

 

Our website uses embedded material and has hyperlinks to other websites that are not owned or controlled by us. We do not manage or monitor the privacy policies of those sites and you are encouraged to review all third-party sites to review the third party’s privacy policy and terms of use.

 

Your Rights

 

2XU understands that you have rights over your personal information, and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are using the system and wish to exercise these rights, please contact us at usa@2xu.com. We may require that you provide us with acceptable verification of your identity before providing access to such information.

 

If you are an affiliate and wish to exercise these rights, please contact the merchant you interacted with directly — we serve as a processor on their behalf, and can only forward your request to them to allow them to respond.

 

Removal

 

You may opt-out of receiving promotional communications, remove your information from our database, unsubscribe from communications related to our products or services, or cancel any accounts you may have by contacting us at usa@2xu.com. In some cases, we may not be able to remove your Personal Information, in which case we will explain that we are unable to do so and why.

 

Correcting, Updating and Accessing

 

Upon your request and authentication of your identity, we will provide you with information about the personal information we have collected from you, whether we hold your Personal Information or whether we process it on behalf of a third party. You have the right to contact us to request the correction, modification or deletion of your Personal Information. To make such a request and/or to pose any other questions regarding this Privacy Policy, please contact us at usa@2xu.com. Requests made to access, change or delete Personal Information will be addressed within 30 days, or earlier if required by applicable laws or regulations.

 

Where we are unable to provide access to certain Personal Information that you request and are required to refuse, we will notify you in writing, document the reasons and outline further steps which are available to you.

 

Cookies

 

Most browsers accept cookies by default. We use cookies for several reasons. Some cookies are required for technical reasons in order for our Website to operate, and are referred to as "essential" or "strictly necessary" cookies. We use these essential cookies to:

●        authenticate your credentials when logging you into our website

●        to protect your security

●        to help us detect and fight spam, abuse and other activities that violate our Operating Agreement[4]

 

Other cookies remember information about your browser and your preferences. For example, cookies help us remember your preferred language or the country that you are in. We can then provide you with content in your preferred language without having to ask you each time you visit our website.

 

Cookies also enable us to track and target the interests of our users to enhance the experience on our Website. For example, these types of cookies help us test different versions of our sites to see which particular features or content users prefer.

 

To help us better understand how people use our website, certain third parties serve cookies through our website for advertising, analytics and other purposes. This is described in more detail below. We do not release the information collected from our own cookies to any third parties, other than to our service providers who assist us with cookie activities.

 

You can disable certain tracking as discussed in this section.  For strictly necessary and functionality cookies which are essential to our website and which are required in order to deliver the website to you, you cannot refuse them. You can block or delete them by changing your browser settings however, as described below.

 

For all other cookies, web beacons and LSOs, we require your consent. You have the right to decide whether to accept or reject cookies. You may refuse cookies on our website by following the instructions below.  Some third parties allow you to refuse their cookies universally by using the following opt-out links: http://www.aboutads.info/choices/ or http://www.youronlinechoices.com.

 

You can set or update your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our Website may be restricted and/or have limited functionality. You should visit your browser's help menu for more information (web browser controls vary from browser-to-browser).

 

Security

 

We use reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. We have implemented physical and technical safeguards to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alternation, or destruction. We also employ access restrictions, limiting the scope of employees who have access to Personal Data. We take the security of your information seriously, but cannot guarantee that its security measures are sufficient to protect against unauthorized access.

 

Terms for Disclosing Personal Data

 

We may disclose Personal Data if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on us or our affiliates; (b) protect and defend our rights or property, or those of our users; or (c) act as immediately necessary in order to protect the personal safety of our users or the public.

 

Information for California Residents

 

We are required by the CCPA to provide to California residents an explanation of how we collect, use and share their Personal Information, and of the rights and choices we offer California residents regarding our handling of Personal Information.

 

Your California privacy rights

 

As a California resident, you have the rights listed below. However, these rights are not absolute, and we may decline your request as permitted by the CCPA.

 

·         Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:

 

·         The categories of Personal Information that we have collected.

·         The categories of sources from which we collected Personal Information.

·         The business or commercial purpose for collecting, sharing and/or selling Personal Information.

·         The categories of third parties with whom we share and/or sell Personal Information.

·         Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of recipient.

·         Whether we have shared and/or sold your Personal Information; and, if so, the categories of Personal Information received by each category of recipient.

 

·         Access. You can request a copy of the Personal Information that we maintain about you.

 

·         Deletion. You can ask us to delete the Personal Information that we maintain about you.

 

·         Non-discrimination. You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for exercising your rights by taking actions such as by denying you goods or services, increasing the price/rate of goods or services, decreasing the service quality, or suggesting that we may penalize you as described above for exercising your rights. However, the CCPA allows us to charge you a different price or provide a different service quality if that difference is reasonably related to the value of the Personal Information we are unable to use.

 

·         Rectification. You may ask us to correct inaccurate personal information that we maintain about you.

 

·         Limit Use and Disclosure of Sensitive Personal Information. You may ask us to limit our disclosure or use of Sensitive Personal Information (for example, your social security number, financial account information, your precise geolocation data, or your genetic data) to only what is necessary to:

·         perform the services;

·         provide the goods that you requested, or

·         for purposes otherwise permitted by California law.

 

How to exercise your rights

 

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by contacting us at affiliates@2xu.com. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

 

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

 

·         Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

·         Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

 

Sale and/or Sharing of Personal Information

 

We do not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” and/or “share” under the CCPA is interpreted to include advertising technology activities such as those disclosed in the section “When We Share Your Information,” we will comply with applicable law as to such activity.

 

Personal information that we collect, use and share

 

We have collected information corresponding to the following categories of information enumerated in the CCPA.

 

●        Identifiers, including name, address, email address, account name, Social Security Number, IP address - and an ID number assigned to your account.

●        Social media handles (i.e. Instagram, TikToc, etc.).

●        Customer records, phone number, billing address, credit or debit card information, employment or education information.

●        Commercial information, including purchases of our software and/or services, downloads of our downloadable products, and engagement with the services and our downloadable products.

●        Internet activity, including history of visiting and interacting with our software and/or service, browser type, browser language and other information collected automatically.

●        Geolocation data, including location enabled services such as WiFi and GPS.

●        Inferences, including information about interests and preferences.

 

For more information on what we collect, please review the sections on “Personal Information Collected” and “Use of Personal Information,” at the beginning of this policy. We collect and use these categories of Personal Information for the business purposes described in the section on “How We Share Personal Information,” including to provide and manage the services related to our software and/or services.

 

SCS discloses the following categories of information for commercial purposes:

 

●        Commercial Information;

●        Customer Records;

●        Demographic Data;

●        Location Data;

●        Identifiers;

●        Inferences; and

●        Internet activity.

 

Right to Know and Delete

 

If you are a California resident, you have the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

 

●        The categories of Personal Information we have collected about you;

●        The categories of sources from which the Personal Information was collected;

●        The categories of Personal Information about you that we disclosed for a business purpose or sold;

●        The categories of third parties to whom the Personal Information was disclosed for a business person or sold;

●        The business or commercial purpose for collecting or selling the Personal Information; and

●        The specific pieces of Personal Information we have collected about you.

 

In addition, you have the right to delete the Personal Information we have collected from you. However, this is not an absolute right and we may have legal grounds for keeping such data.

 

Reporting Violations

 

If at any time you believe that we have violated these policies, please notify us as indicated in the Contact information section below, and we will use all commercially reasonable efforts to promptly investigate and remedy the problem. 

 

Authorized Agent

 

You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.

 

Right to Non-Discrimination

 

You have the right to non-discriminatory treatment by us, should you exercise any of your rights

 

Contact information

 

If you have any questions about your personal data or this Privacy Policy, or if you would like to file a complaint about how we process your personal data, please contact us by email at usa@2xu.com or phone 1-855-632-1800