Last updated February 10, 2023
TR Apparel, LLC. (a company incorporated and registered in the State of New York under registered number ) ("we", "us", "our" or “The Row”) is the data controller and is responsible for your personal data collected through https://www.therow.com/us and associated sub domains (the “Website”). The Row respects your privacy and is committed to protecting your personal data.
In particular, this policy explains the rights that you have as a data subject pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (the “GDPR”).
When you supply any personal data to us, we have legal obligations towards you in the way we use that data. This Policy is divided into the following sections:
2. The data we collect about you
3. Special Category Data
4. How is your personal data collected?
5. How we use your personal information
6. International Data Transfers
7. Data Security
8. Data Retention
9. Your Rights
10. Contact Details
This Policy supplements other notices and privacy policies, and is not intended to override them.
This Website is not intended for children under the age of 18 and we do not knowingly collect data relating to children. If you believe we have collected personal data about your child, you may contact us at firstname.lastname@example.org and request we cease processing data about your child.
The top of this Policy contains the date on which this Policy was last updated.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed or anonymized.
We may collect, use, store and transfer different kinds of personal data about you, which we have categorized as follows:
• Identity Data includes: first name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes: billing address, delivery address, email address and telephone numbers.
• Financial Data includes: bank account and payment card details.
• Transaction Data includes: details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes: internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Website.
• Profile Data includes: your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes: information about how you use our Website, products and services.
• Marketing and Communications Data includes: your preferences in receiving marketing from us and our third parties and your communication preferences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. SPECIAL CATEGORY DATA
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.
4. HOW IS YOUR PERSONAL DATA COLLECTED?
When you use the Website to provide us with information regarding your identity, contact and financial details by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• Order a product or service;
• Create an account on our Website;
• Subscribe to our service or publications;
• Request marketing to be sent to you;
• Enter a competition, promotion or survey;
• Participate in social media activities and engagements;
• Browse from page to page; or
• Give us feedback or contact us.
In these circumstances we may collect, store and use the personal data that you disclose to us.
Automated technologies or interactions
Third parties or publicly available sources
We will receive personal data about you from various third parties who may collect personal data including usage or statistical data through your use of the Website.
Updating your information
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
If you want to update the information you have previously given to us, please contact us at email@example.com.
5. HOW WE USE YOUR PERSONAL DATA
Lawful basis for processing your information
We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data in the following circumstances:
· Where we need to perform the contract we are about to enter into or have entered into with you;
· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; or
· Where we need to comply with a legal obligation.
Purposes for which we will use your personal data
We have set out below, in a table format, some examples of how we may use the information we collect about you and the lawful basis for doing so.
|Purpose / Activity||Type of Data||Lawful basis for processing including basis of legitimate interest|
|To deliver the Website to you||Identity; Technical; Usage||Performance of a contract with you|
|To register you as a new customer and to deliver goods and services to you||Identity; Contact; Financial; Transaction||Performance of a contract with you|
|To manage our relationship with you which will include:
(ii) Notifying you of any changes to the services provided on the Website
|Identity; Contact; Profile; Marketing and Communications||Performance of a contract with you
Necessary to comply with a legal obligation
Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
|To provide you with email alerts, event registrations and other notices concerning our goods and services||Identity; Contact; Profile; Usage; Marketing and Communications||Performance of a contract with you
Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
|To administer and protect our business and this Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||Identity; Contact; Technical||Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
Necessary to comply with a legal obligation
|To deliver and improve relevant Website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you||Identity; Contact; Profile; Usage; Marketing and Communications; Technical||Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)|
|To use data analytics to improve our Website, products/services, marketing, customer relationships and experiences||Technical; Usage||Necessary for our legitimate interests (to define types of customers for our products and services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||Identity; Contact; Technical; Usage; Profile; Marketing and Communications||Necessary for our legitimate interests (to develop our products/services and grow our business)|
|To test, research and conduct analysis, and product/service development||Identity; Usage; Profile; Marketing and Communications|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your personal data to help us form a view on what products, services and offers may be of interest to you (we call this marketing).
You will receive marketing communications from us if you have requested information from us, or purchased goods or services from us and you have not opted out of receiving that marketing.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us or the third party directly.
Sharing your personal data
Depending on how and why you provide us with your personal data, we may share it in the following ways:
- We may share your personal data with any member of our company group, which means our subsidiaries, our ultimate holding company and its subsidiaries;
- With selected third parties to which we sub-contract to provide various services and/or aspects of the Website’s functionality, or any other third parties to whom you directly authorize us to disclose your personal data to;
- With analytics and search engine providers that assist us in the improvement and optimization of this Website as described above;
- With advertising and marketing companies who deliver our advertisements, marketing material and promotions to you.
We may also disclose your personal data to third parties in the following events:
- If we were to buy, sell or transfer any business or assets, whether as a going concern or otherwise, in which case we might disclose your personal data as part of that transaction;
- If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers and contacts will be one of the transferred assets;
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or if we are asked to provide your details to a lawful authority in order to aid in the investigation of crime or disorder; and/or
Service Providers (Data Processors)
The following is a list of the types of service providers we use:
- Website Analytics Providers: Google Analytics, employing the extension “anonymizelp”
- Website [Developer/Maintenance/ Security Provider]: Shopify
Change of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
6. INTERNATIONAL DATA TRANSFERS
Some of our service providers and third parties may be based outside of the European Economic Area (“EEA"), as a result their processing activities will involve a transfer of your data outside the European Union.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring that appropriate safeguards are implemented, this is likely to include:
- Transferring your personal data only to countries that have been deemed by the European Commission to provide an adequate level of protection for personal data which is equivalent to that provided by the GDPR.
- Where we use certain service providers, we may use specific contracts approved for use by the European Commission and the European Data Protection Board which ensure that personal data is given the same level of protection by the recipient as that data would receive were it processed in the European Union. Such contractual clauses and/or additional safeguards shall be approved by the EU regulators as compliant with the GDPR regulations.
By submitting your personal information, you agree to this transfer, storing or processing.
Please contact us at firstname.lastname@example.org if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for compliance purposes. In some circumstances you can ask us to delete your data: see ‘Your legal rights’ below.
In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
You have the right to make a complaint at any time to a supervisory authority, in particular to the supervisory authority which regulates the Member State of your habitual residence, your place of work, or the Member State in which the alleged infringement of your rights took place if you consider that the processing of personal data relating to you has infringed the terms of the GDPR.
We would, however, appreciate the opportunity to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance.
As a data subject, you have a number of rights in relation to your personal data. Below, we have described the various rights that you have, as well as how you can exercise them.
Right of access
You may request access to your processed personal data. This entitles you to obtain a copy of the data we hold on you. A copy will be provided by the controller unless it is found that providing a copy will adversely affect the rights and freedoms of others.
Right of rectification
You may request the correction of any personal data that we hold about you. This enables you to have any inaccurate or incomplete data we hold about you corrected, though we may need to verify the accuracy of the new data provided to us.
Right to restrict processing
You may request us to restrict the processing of your personal data in certain circumstances. This enables you to limit the use of your data, unless you have given your consent or there is a legal or public interest which justifies our use of the data. You have the right if you: (i) contest the accuracy of the personal data; (ii) the processing is unlawful; (iii) you believe there is no longer a use by us of your personal data and require access for legal claims; or (iv) you exercise your right to object (see below).
Right to erasure/ Right to be forgotten
You may request the erasure of your personal data. This means that you can ask us to delete any personal data we hold about you in the following circumstances: (i) where we no longer a need your data in line with the original reason it was collected; (ii) you have withdrawn your consent (see below); (iii) you have objected to the processing of your data (see below); or (iv) we have used your data unlawfully.
Right to withdraw consent
Where we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. This will not however, affect the lawfulness of any processing carried out before you withdrew your consent.
Right to object
You may object to the processing of your personal data at any time. This means that you can stop us from using your data. Please note, this right only arises in certain circumstances including: (i) where we relying on a legitimate interest (or those of a third party) to process your data; (ii) for scientific, historical or statistical purposes; or (iii) for direct marketing purposes. Please note that the exercise of this right does not automatically result in your personal data being erased. In some cases, we may also be able to demonstrate that we have a compelling legitimate reason to process you information, which override your rights and freedoms.
Right to object to automated decision making and profiling
You have the right to request that you are not subject to a decision based exclusively on automated decision making (i.e. without human intervention and participation). In addition, you have the right to be informed about the use of any automated decision making and profiling of your personal data, and to be given meaningful information about the nature of the processing.
Right to portability
You may request that we transmit your personal data to you or to a third-party controller. We will provide you, or your requested third party, with your personal data in a structured, commonly used, machine-readable format. This right only applies to automated data which you initially provided consent for us to use or that is necessary.
If you wish to exercise any of the rights set out above, please contact us at email@example.com.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
10. CONTACT DETAILS
Full name of legal entity: TR Apparel, LLC.
Postal address: 609 Greenwich Street, New York, NY 10014
Email address: firstname.lastname@example.org