Privacy Policy

WEAR FIRST SPORTSWEAR, INC. PRIVACY POLICY

This privacy policy (this Privacy Policy) explains how Wear First Sportswear, Inc. (Wear First or the Company) works, and how Wear First gathers information with respect to anyone who visits and interacts with Wear First (a User), including the Wear First website, web content, applications, platforms, services and products (collectively, the Site).  This Privacy Policy is referenced in, and made an integral part of, each User’s contract with Wear First.  Furthermore, each User of the Site, by accessing and using the Site, is deemed to have agreed to the terms generally applicable to Users in this Privacy Policy.

 

Wear First Sportswear, Inc. is a corporation formed under the law of the State of New York.  All references herein to “the Company”, “Wear First” or “the Wear First team” shall refer to Wear First Sportswear, Inc. or its directors, officers, employees or agents.

 

The Company reserves the right to modify this Privacy Policy upon notice to Users as set forth in the end user license agreement (EULA).  By continuing to use the Site, you hereby acknowledge that you understand this Privacy Policy and agree to its terms and conditions.

 

THIS PRIVACY POLICY WAS LAST UPDATED ON FEBRUARY 28, 2019.

 

This privacy and content use policy applies solely to the Company’s collection of information through its Site and websites and the Company’s use and disclosure of such information.  It does not apply to any of the following: (a) the Company’s collection of information through any third party websites or publicly available information from third party sources, or the use or disclosure of any information so collected; (b) the Company’s collection of information offline, for example, by telephone or direct mail, or the use or disclosure of any information so collected; or (c) the collection, use or disclosure of information by any of our subsidiaries or affiliated entities or any third party.

 

The Company’s Site includes information, data, text, photographs, graphics, video, messages, tags, or other materials (Content) from many people and entities, and such Content is the sole responsibility and property of the person or entity that provided it. This means that each User is entirely responsible for all Content that it emails, transmits or otherwise makes available while using the Company’s Site and websites (including third party service integrations that it enables through the Company’s Site and/or websites), and for the consequences of its actions (including any loss or damage which the Company may suffer) by doing so.  The Company does not claim ownership of such Content.   

 

The Company controls and operates its Site from its offices located in the State of New York, in the United States of America, and the Site is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than those of the United States.  The Company makes no representation or warranty that the Site, in whole or in part, is appropriate or available for use in other locations.  Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.  Because our business changes continually, we reserve the right to change this Privacy Policy without prior notice.  Each User can determine when this Privacy Policy was last revised by referring to the "LAST UPDATED" legend at the top of this page.  Any changes to this Privacy Policy will become effective upon posting of the revised Privacy Policy on the Internet, accessible through the Site.  A User’s continued use of the Wear First products and services following the posting of changes to our Privacy Policy will signify the User’s acceptance of those changes; provided, however, that any changes regarding PII (as defined below) may result in a User being unable to use the Site or certain functionalities of the Site unless and until such User has “opted in” to such policy change.

 

THE INFORMATION WE COLLECT. We collect two basic types of information: Personally Identifiable Information and Non-Personally Identifiable Information. "Personally Identifiable Information" (or PII) is information that identifies a User as an individual or entity — for example, User’s name, address, telephone number, email address, credit card information, billing address and shipping information. "Non-Personally Identifiable Information" (or Non-PII) is aggregated information, demographic information, IP addresses and any other information that does not reveal a User’s specific identity.

 

  1. PERSONALLY IDENTIFIABLE INFORMATION (PII). In order to be allowed to use the Site and other Wear First functionalities, any User must affirmatively agree that such User acknowledges and understands that the PII which is collected upon creating a User account and using the Company’s Site requires that the Company collect and store such PII as an absolute condition to using the Site.  In the event that this information is updated and/or modified, the User must acknowledge that such User understands that such further information will also be gathered and stored.  Furthermore, in order for a User to take advantage of particular functionalities it may be necessary for such User to “opt in” to sharing additional PII in order to use such functionalities.  Users will also be asked to “opt in” to receive email newsletters or notifications.  The Company will collect PII from each User only when such User provides it to us voluntarily.  PII that we may collect includes (but is not limited to) your name, email address, billing address, shipping address, ZIP or postal code, phone number, credit or debit card information and products that you have expressed an interest in.  In some cases this may involve PII that a User provides regarding a third party as the result of sending a gift or gift card.

 

  1. NON-PERSONALLY IDENTIFIABLE INFORMATION (NON-PII). When a User visits and interacts with the Site or websites, we and our third party and affiliated service providers who provide certain services (including without limitation website hosting, data analysis, newsletter services, order fulfillment, and other services of an administrative nature) (such third party and affiliated service providers, our Service Providers) may collect Non-PII (for example, a list of the website pages a User visits). Non-PII is generally collected from four different sources: server log files, cookies, pixel tags, and information that such User voluntarily provides.

 

  • SERVER LOG FILES. A User’s Internet Protocol (IP) address is an identifying number that is automatically assigned to such User’s computer by its Internet Service Provider (ISP). This number is identified and logged automatically in our and/or our Service Providers' server log files whenever such User visits the Wear First Site, along with the time(s) of such User’s visit(s) and the page(s) that such User visited. We use the User’s IP address, and the IP addresses of all Users, to calculate usage levels on the Site, to help diagnose problems with the Site’s servers, and to administer the Site. We also reserve the right to use IP addresses to communicate with Users and, if necessary, to block access by Users who fail to comply with our Privacy Policy or other policies.   Collecting IP addresses is standard practice on the Internet and IP addresses are collected automatically by many websites.

 

  • COOKIES. To enhance a User’s experience with the Site and websites, we use "cookies." Cookies are text files we place in a User’s computer's browser to store the User’s preferences. We use cookies to understand Site usage and to improve the content and offerings on the Site.  For example, we may use cookies to personalize a User’s experience on the Wear First Site (e.g., to recognize you by name when you return to our Site), and to make the login process easier for password-protected areas of the Site.  The "Help" menu, accessible through the menu bar of most browsers, may tell a User how to prevent your browser from accepting new cookies, how to have the browser notify such User when the User receive a new cookie, and/or how to disable cookies altogether.  Note, however, that cookies allow a User to take full advantage of some of our most innovative and useful features.

 

  • PIXEL TAGS. We and our Service Providers may also use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, Pixel Tags) in connection with some Site functionalities, website pages and HTML-formatted email messages to, among other things, compile aggregate statistics about website usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to website visitors and may be associated with cookies on Users’ hard drives. Pixel Tags allow us and our Service Providers to count Users who have visited certain pages of the Site, to deliver customized services, and to help determine the effectiveness of promotional or advertising campaigns.  When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when the email has been opened.

 

  • OTHER NON-PERSONALLY IDENTIFIABLE INFORMATION THAT USERS VOLUNTARILY PROVIDE. We also collect certain Non-PII — for example, information about a User’s interests, geographic location, etc. — when a User voluntarily provides such information to us. Additionally, we may aggregate PII in a manner such that the end-product does not personally identify a User of the Site, for example, by using PII to calculate the percentage of our Users who have a particular ZIP code or telephone area code.  Such aggregate information is deemed to be Non-PII for purposes of this Privacy Policy.

 

HOW DO WE USE THE PII WE COLLECT? We may use the PII we collect in the following ways:

 

  • RESPONDING TO USER INQUIRIES AND FULFILLING YOUR REQUESTS. We may use User PII to respond to inquiries to the Company and to fulfill User requests; for example, to send a User newsletters that the User affirmatively requests upon signing up to join our mailing lists, to send updates about Company news and events, provide User PII to Wear First independent sales representatives when such User provides it to us for such purpose, or to provide User PII to other Users and their affiliates when such User provides it to us for such purpose.

 

  • COMMUNICATING WITH A USER ABOUT PRODUCTS AND SERVICES. Only upon a User’s affirmative request to “opt in” to the same, we may use User PII to send information about specials, new products and services, and other items that may be of interest to such User.

 

  • PERSONALIZING A USER’S EXPERIENCE. We may use User PII to personalize and improve such User’s experience on the Site and/or websites, for example, by presenting products and offers to such User that we believe may be of interest to such User.

 

  • SENDING ADMINISTRATIVE EMAILS. From time to time, at our sole discretion, we may use User PII to send emails (a) to confirm User’s registration with the Company, (b) to confirm a transaction made with the Company, (c) to request that the User affirmatively “opt in” to provide further PII for new features that the User has requested, (d) to confirm requests by the User, (e) to provide a User with information regarding any changes in any Company policies or regulations, (f) to inform a User of changes to this Privacy Policy, or our other terms, conditions, or policies, (g) to send security alerts to Users regarding suspicious activity (collectively, Administrative Emails). Because this information may be critical to a User’s use of the Site and/or websites, a User must “opt in” to receiving Administrative Emails and may not “opt out” of receiving Administrative Emails if such User wishes to continue using the Site or any Wear First license.

 

TO WHOM DO WE DISCLOSE THE PII WE COLLECT? We may disclose the PII we collect in the following ways:

 

  • DISCLOSURE TO THIRD PARTIES. We may disclose User PII to third parties only when such User affirmatively consents to such disclosure. However, we may disclose User PII under certain conditions:

 

  • Sales Representatives. Disclosing User PII to Wear First independent sales representatives if a User has requested services or products of the Company.

 

  • Facilitating Special Offers from Third Parties. From time to time, we may give a User the opportunity to “opt in” to participate in special third party offers that require us to share certain PII with such third parties (including sweepstakes, promotional offers and the like). If a User “opts in” to participate in such an offer, we may disclose such User’s PII to such third parties for their direct marketing purposes.  We recommend that Users consult such third parties' privacy policies in advance if they wish to participate in these offers.

 

  • Business Transfers. We reserve the right to transfer any and all PII and Non-PII that we collect from Users in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of the Company’s assets or stock (including, without limitation, in connection with any bankruptcy or similar proceedings).

 

  • Other Disclosures. Finally, notwithstanding any other provision of this Privacy Policy, we reserve the right to disclose and use User PII if we believe that we are required to do so: (a) by law; (b) in response to legal process, for example, in response to a court order or a subpoena; (c) in response to a law enforcement agency's request; (d) to enforce the Terms and Conditions of Use or our other terms, conditions, or policies; (e) to protect our operations; (f) to protect the rights, privacy, safety or property of the Company, the User or others; and/or (g) to permit us to pursue available remedies or limit the damages that we may sustain. For example, we may, to the fullest extent the law allows, disclose PII about a User to law enforcement agencies to assist them in identifying individuals who have been or may be engaged in unlawful activities.

 

HOW DO WE USE AND DISCLOSE THE NON-PII WE COLLECT? Because Non-PII does not personally identify a User, we reserve the right to use Non-PII, and to disclose Non-PII to third parties, for any purpose.

 

OPERATORS OF THIRD PARTY SITES AND SERVICES.  The Site and/or websites may contain links to systems and websites operated by third parties, or may embed services operated by third parties (Third Party Sites/Services), and those third parties may have privacy practices that are different from ours.  If a User provides information through any Third Party Site/Service, such information will be collected by, and may be used and disclosed by such third parties, in accordance with the privacy practices and policies of such third parties.  Users should consult such third parties' privacy policies when using Third Party Sites/Services, as we have no control over the use or disclosure of information by third parties.

 

SECURITY.  We are aware of concerns regarding the privacy and confidentiality of PII.  We have put in place certain physical, electronic and managerial procedures to help us safeguard against unauthorized access to PII and to help maintain data security.  For example, we use an encryption technology called Secure Sockets Layer (SSL) to help protect the transmission of certain information to and from the Site and associated websites.  Unfortunately, no data transmission over the Internet or data storage solution will be 100% secure.  As a result, although we take steps to protect User PII, we cannot ensure or warrant the security of any information any User transmits to or receives from us or that we store on our or our service providers' systems.

 

Each User is ultimately responsible for maintaining the secrecy of such User’s login ID, passwords and/or any account information.  Users are not permitted by the Company to, and we recommend that Users do not, disclose their usernames and passwords to any other individual or entity.  If any User has reason to believe that such User’s interactions with the Company are no longer secure, such User must immediately notify us of the problem by contacting us in accordance with the section entitled "CONTACT US," below. (Note that contacting us by physical mail will delay the time it takes for us to respond to such communication.)

 

OPTING OUT OF CERTAIN COMMUNICATIONS. If a User would prefer to “opt out” of receiving any information for which such User has previously “opted in”, such User may “opt out” from receiving such messages by following the "unsubscribe" instructions contained in any such emails such User has received or may "modify account information" or access any similar functionality to opt out from receiving such messages.  Please note that if a User opts out of receiving Administrative Emails or removes PII necessary for the User’s account with the Company, this will result in a termination of the User’s licenses.  Termination of licenses is discussed in more detail in our End User License Agreement (see Terms of Use for more information).

 

YOUR ACCOUNT AND DATA RETENTION.   You may modify, update or remove your User account with Wear First at any time by logging into your User account and making the appropriate changes, or by contacting us (see, Contacting Us, below).  We will retain your data for such period of time as required by applicable law and legitimate business necessity.

 

CHILDREN. The Company’s Site and websites are not available to individuals under the age of eighteen (18), and it is a condition to the continued use of the Company’s Site, websites and other Wear First licenses that Users not provide personally identifiable information, or PII, of individuals under the age of eighteen (18) for any reason to the Company.

 

CALIFORNIA RESIDENTS.  Pursuant to California law, residents of California may request notice of how their information is shared with third parties for direct marketing purposes.  California residents seeking such a notice should send a written request to us (see Contacting Us, below).   

 

CONTACTING US. If you have any questions regarding this Privacy Policy and Privacy Policy, please contact us either by email at esales@wearfirst.com, or by regular mail at Wear First Sportswear, Inc., [295 Madison Ave, Suite 1601. New York, NY 10017]. Please note that email communications are not necessarily secure. Accordingly, you should never include credit card information or other sensitive information in your email correspondence with us.