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Last updated on December 7, 2024

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Introduction and Scope of this Privacy Policy

This Privacy Policy (the “Policy”) describes how your personal information is collected, used, and disclosed by Brown is the New Brown, referred to as  “we”, “us” or “our”. This Policy applies to our websites and applications that display or link to this website and/or link to these terms. The Policy also recognizes, describes and links to the Privacy Policies of the organizations that provide services to you, on behalf of Brown is the New Brown, through this website, such as all services related to hosting the website, making a purchase, and printing and shipping products.

By accessing or using our Services, you signify your understanding of the terms set out in this Privacy Policy.

We do not knowingly collect, maintain, disclose, or sell personal information about users under the age of eighteen (18). If you are under the age of 18, please do not use our Services. If you are under the age of 18 and have used our Services, please contact us at the email address below so that we may delete your personal information.

    1. CHANGES TO THIS POLICY

    We will update this Policy as needed to reflect changes in our services, the law and customer feedback. When changes are made to this Policy, we will revise the “last updated” date at the top. We encourage you to review this Policy regularly to remain informed about our information practices and the choices available to you.

    2. HOW DO WE USE YOUR PERSONAL INFORMATION

    We may use your personal information to provide the products you have ordered, to advertise to you, to communicate with you, to provide customer service, and to understand and improve our Website, user experience, products and services.  

    OPERATE THE WEBSITE, such as,

    • Improve the functionality of the Website, and identify and repair errors that impair the intended Website functionality.
    • Monitor compliance with our terms and conditions.
    • Detect and prevent security threats to our website and domain. 

    SELL AND DELIVER PRODUCTS, PROVIDE CUSTOMER SERVICE and IMPROVE YOUR SHOPPING EXPERIENCE, such as,

    • Identify correct sizing.
    • Encourage and enable purchases.
    • Process orders, provide payment options, deliver and track orders, provide exchanges and refunds (if applicable).
    • Answer your questions through various communication channels.
    • Use messages and emails for quality assurance, trouble shooting and other business purposes.
    • Evaluate our customer service to improve quality and functionality.
    • Notify you when an item is back in stock.

    DETECT FRAUD

    • Detect and investigate fraudulent activities and/or security incidents.

    ​​​ANALYZE AND PROMOTE USER GENERATED CONTENT FROM SOCIAL MEDIA

    • We invite you to provide your images to us via social media platforms. We may use the images you provide for promotions or communications.

    IMPROVE OUR PRODUCTS AND SERVICES

    • Collect and review analytics about the Website, from social media platforms and our business to understand how our products are selling, identify popular product features, analyze our marketing campaigns, our product designs and distribution strategy, our Website design and overall user experience. 

    ​COMPLY WITH LEGAL AND SAFETY OBLIGATIONS

    • We may access and use your personal information, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect our rights or property and that of our customers, including the enforcement of our agreements or policies governing your use of our Websites and services; or (c) to protect our personal safety, and the personal safety of our customers or the public.
    • We may need to keep some personal information as evidence in case of a dispute, complaint or audit.

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    WHAT INFORMATION DE WE COLLECT

    IDENTITY AND CONTACT INFORMATION: Information that identifies you, such as name, e-mail address, phone number, shipping and billing address, social media identifiers and handles, and any other communication channel you have used to contact us.

    PAYMENT AND PURCHASE INFORMATION: Information related to your purchases, such as payment methods, shopping cart details, delivery details, shipping and billing address, order ID, and purchase history.

    USAGE INFORMATION: Information on your browsing and Website behavior and interactions, such as browser name, IP address, timing of site visits, pages visited, clicked links in our marketing emails, the referral URL that brought you to our Website and information about traffic patterns and site usage, such as clickstream data comprised of mouse movements, clicks, page scrolls and keystrokes.

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    BODY MEASUREMENTS: Information that you share with us to make sure your gear fits, such as apparel size, and measurements to support product sizing.

    LOCATION: Information that indicates, directly or indirectly, where you are in order to support activities such as shipping and understanding product interest.

    INFERENCES, BEHAVIORS, AND PREFERENCES: Information that indicates your preferences and opinions, whether that information is provided directly by you or inferred by us. Examples: product preferences, shopping history, wish list items, any “preference” details you provide to us in your profile, information you provide when you interact with us or provide feedback through product reviews.

    DEVICE INFORMATION: Information related to the device you use to access our Website, such as device ID, device fingerprint and operating system.

    SOCIAL MEDIA INTERACTIONS: Information that we obtain through different social media channels such as Instagram, etc., when we use these channels for consumer engagement, advertising, sales, or analytics purposes, such as publicly available social media information, and photos and posts you send to us by mentioning us or following our social media posts by using “handles” or “hashtags.”

    CORRESPONDENCE/ CHATS: Information related to your interactions with us, such as written correspondence including emails or messages.

    IMAGES AND RECORDINGS: Image, voice, and video recordings we have captured or obtained where you may be identified, such as images you share with us via social media.  

    FROM WHERE DO WE COLLECT PERONAL INFORMATION

    ​FROM YOU

    We collect Personal Information you provide to us, such as:

    • If you make a purchase
    • If you contact us, including through email or social media.

    FROM THIRD PARTIES

    We receive information about you from third parties, such as:

    • Our service providers (such as our website host, and printing and shipping company).
    • Online platforms and social media networks you use to interact with us and shop for our products.

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    AUTOMATICALLY

    • We gather certain information automatically when you visit our Website (including apps) or interact with emails via cookies, pixels, web beacons.


        4. How Do We Use Cookies and Other Tracking Technologies?

    Like many websites, we use cookies, tags, pixels, beacons and other tracking technologies (collectively referred to as “Cookies”). Cookies are files stored on your computer’s hard drive by your browser to enable the Website to remember you, your actions and preferences (such as login, language, font size and other display preferences) over a period of time. This allows us to optimize the shopping experience, hold selections in a shopping cart when a user leaves the Website without checking out and send you reminder e-mail about your shopping orders and other shopping opportunities. We also use Cookies to gather statistical information about use of the Website in order to improve its design and functionality, understand how the Website is used, and assist us with resolving questions. 

    We use third party analytics service providers to collect Usage Information, to analyze how users use the Website—such as time spent on the website, pages visited, cart details, mouse clicks, keystrokes, purchases, and other interactions.    

     

       5. How Do We Disclose Your Personal Information?

    Except as described in this Policy, we will not disclose your personal information other than to provide you the service or product that you requested or that is implied by your acceptance of the Terms and use of this Website or interaction with our other forms of communication such as email, social media, etc…

    SERVICE PROVIDERS, CONTRACTORS AND VENDORS: Other companies provide services to us or on our behalf, such as website hosting, printing and shipping products, marketing, web analytics, data analysis, credit card processing, and stocking orders. These providers have access only to such personal information as appropriate to perform their functions .​

    GOVERNMENT, COURTS AND LAW ENFORCEMENT: We may disclose information about you to these parties to comply with legal and safety obligations as described above.

    MERGER/ SALE ENTITIES: We may disclose personal information as part of a corporate transaction such as a merger or a sale of assets.

    6. How Can You Exercise Your Privacy Rights and Choices?

    ACCESS, DELETE AND CORRECT INFORMATION WE HAVE ABOUT YOU

    You can (1) request to know more about and access your personal information (2) request deletion of your personal information, and (3) request correction of inaccurate personal information. To request access or deletion of your personal information, please contact info@brownisthenewbrown.ca.

    NON-DISCRIMINATION: We will not discriminate against you if you choose to exercise your privacy rights.

       7. HOW CAN YOU CONTACT US?

    If you have questions or comments about our privacy practices, please contact us by e-mail at info@brownisthenewbrown.

     8. Other Information

    Children

    We do not knowingly collect or solicit personal information from children under 13.

    How does this policy apply to international users?

    The Website that links to this Policy is intended for users in Canada.  

    If you choose to provide us with your information, you consent to the transfer and storage of that information on our servers located in the United States and around the world.  The information collected may be subject to international and U.S. state and federal law. If you are accessing our Website from outside Canada or the U.S., please be advised that you are transferring your personal information where data protection and privacy laws may be different than the laws of your country. By using our Website, you consent to the transfer and use of your personal information in accordance with this Policy.

    Security

    We use reasonable security procedures to protect your information. However, no data transferred over the Internet is guaranteed to be 100% secure. Personal information collected at our Website is stored in reasonably secure operating environments that are not available to the public. 

           10. ADDITIONAL INFORMATION FOR SPECIFIC STATES

    California, Colorado, Connecticut, Montana, Texas, Utah, and Virginia have enacted consumer privacy laws that grant their residents certain rights and require additional disclosures (“State Laws”). If you are a resident of one of these states, this section applies to you.

    10.1.       ADDITIONAL DISCLOSURES.

    Our Policy explains how we collect, use, and disclose information about you. As required by certain State Laws, below we use two different tables to explain this same information, including the categories of personal information we collect (and have collected over the preceding 12 months), the types of entities to which we disclose such information, and the ways we use each category of information. 

    ​ Operate the Website;

    •  Improve your shopping experience;
    •  Sell and deliver products;
    •  Detect fraud and protect against malicious, deceptive, or illegal activity;
    •  Provide customer service and respond to your comments, questions, and requests;
    •  Personalize and improve the Website and provide content or features that match your profile and interests;
    •  Improve our products and services;
    •  Analyze trends and statistics, learn more about your shopping preferences and your interaction with Website; and
    •  Comply with legal and safety obligations.

    Categories of personal information described in the California Customer Records statute (California Civil Code Section 1798.80), including body measurements

    •  Standard Third Parties, research partners, fraud prevention providers

    Characteristics of protected classifications under California or U.S. law (such as gender, age, veteran status and other demographic information)

    •  Standard Third Parties, fraud prevention providers, research partners, advertising networks, data analytics providers

    Commercial information (such as purchase history and shopping cart details)

    •  Standard Third Parties, fraud prevention providers, research partners, advertising networks, data analytics providers, payment processors, fulfillment partners, customer support partners, event partners

    Internet and other similar network activity (such as browsing history, search history, and information from cookies)

    •  Standard Third Parties, advertising networks, data analytics providers, fraud prevention providers

    Geolocation data (such as your city of residence and, for certain activities, precise geolocation)

    •  Standard Third Parties, advertising networks, data analytics providers, fraud prevention providers

    Audio and visual information (such as call recordings when you contact customer service and CTV footage from our stores)

    •  Standard Third Parties, law enforcement, fraud prevention partners, customer support partners

    Inferences drawn from the above information to create consumer profiles reflecting certain preferences and behaviors

    •  Standard Third Parties, advertising networks, data analytics providers, fraud prevention providers, research partners

    Other personal information that relates to or is reasonably capable of being associated with you (for example, certain information you submit in connection with a product review or in response to a survey such as your clothing size)

    •  Standard Third Parties, other users of our services, product review partners

    Other Details about our Information Practices

    •     As described in more detail in the “From Where Do We Collect Personal Information?” section, we collect personal information directly from you (for example, when you make a purchase, and automatically when you visit our Website or interact with our emails.
    • We do not knowingly sell or share personal information about consumers under the age of 16.
    • We retain personal information for as long as necessary to carry out the purposes for which we originally collected it and for other purposes described in this Policy.

    10.2.       ADDITIONAL PRIVACY RIGHTS.

    As described in “How Can You Exercise Your Privacy Rights and Choices?” above, you have the right to request access to, and correction or deletion of, your personal information.  You also have the right to opt out of “sharing” and “sales” and use of your personal information for targeted advertising.  If you are a resident of certain states, including California, you can opt out by visiting our website with a legally recognized opt-out preference signal enabled, such as the Global Privacy Control.  Please note that, depending on which opt-out preference signal you use and whether you are logged into your account with us, our processing of the signal may be limited to the specific browser or device that you are using.  Please see above for more information about these privacy rights and other choices you have, how to exercise them, and how we will verify your requests.

    Authorized Agents

    If you reside in California, Colorado, Connecticut, Montana or Oregon, you have the right to authorize another individual (an “authorized agent”) to submit certain privacy rights request on your behalf. If you are submitting a rights request as an authorized agent, we may require you to submit proof of your authorization to make the request, such as a valid power of attorney or proof that you have signed permission from the individual who is the subject of the request. Please do not provide any sensitive personal information in connection with this request, such as a driver’s license or other government-issued ID. In some cases, we may contact the individual who is the subject of the request to verify their own identity or confirm you have permission to submit this request.

    10.3.       NOTICE OF FINANCIAL INCENTIVES.

    10.4.       CALIFORNIA SHINE THE LIGHT.

    California law permits residents of California to request certain details about how their information is disclosed to third parties for direct marketing purposes. Under the law, a business must either provide this information or permit California residents to opt in to, or opt out of, this type of disclosure. We qualify for this alternative option. To opt out of having information about you disclosed to third parties for direct marketing purposes, please visit the “Your Privacy Choices” link at the bottom of our websites.