Last updated [June 23, 2016]
This policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use certain information. If our information practices change, we will post an updated policy on our website. You can tell if the policy has changed by checking the revision date that appears on this policy. We shall not apply changes in our policy retroactively to information collected from you under a prior policy if, in the reasonable exercise of our discretion, we determine that the changes substantively affect your rights, unless we have given you notice of the changes of the policy and an opportunity to opt out. We will provide this notice to you by email if we have a current email address for you and otherwise by posting notice of the change prominently on the home page of our website.
Information We Collect & How We Use It
We sometimes ask you for certain kinds of personal information to provide the services we offer. By providing your personal information as set forth herein, you are authorizing Theory to store and use your information accordingly. This information includes:
• Shopping: We may ask for information such as your name, billing and shipping address, telephone number, email address and payment card information in order to process your purchase, confirm your order and ship the items to you. If you elect to be added to the Theory marketing list, we may use your contact information to communicate with you about our products, services, surveys and promotions.
• My Account: You have the opportunity to create a personal shopping account with Theory, which allows you to shop faster and easier. Using a user name and a password of your choice, you may access your account online at any time to add, delete, or change information. In creating this account, you authorize Theory to store your name and email address. Should you elect to do so, you may also include in your “My Account” your telephone number, payment card information, and shipping and billing addresses. If you choose to include such additional information then you are also authorizing Theory to store such information accordingly. Each of these options is for your convenience only. If you ever use a public computer to visit the “My Account” section of our website we strongly encourage you to log out at the conclusion of your session. Through the “My Account” feature, you may create a Wish List of products you want and share the items on your list by copying and pasting the URL. When you create an account with Theory, you will be given the option to be added to the Theory marketing list. Whether or not you select this option, your personal information will never be sold to anyone and except as specifically provided herein, your personal information will not be shared.
• Email List: You may also sign up on the website to receive promotional emails from Theory. To sign up we may ask for information such as your name, email address, mailing address, telephone number, gender, age, birthday and preferences. Subscriptions to the email list can be cancelled at any time.
• Removal from Lists: To be removed from our marketing list, please email us at firstname.lastname@example.org. You may also click the unsubscribe button found at the bottom of the emails in order to be removed from emails that we send you. Please allow us at least ten (10) business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.
• Customer Care: If you call, email or chat with our Customer Care center, we may ask for information such as your name, email address, mailing address, telephone number and if you choose to make a purchase, your credit card information. We use this information to assist you and to process or review your transaction. When you place an order through Customer Care, you will be asked to provide your credit card information. Theory does not store your credit card information unless you choose to include it in your “My Account” (see above).
• Surveys, Sweepstakes & Promotions: On this website, you may be able to participate in surveys, sweepstakes and promotions. If you choose to participate in these promotions, we may request information such as your name, age, email address, mailing address, telephone number, and interests or product preferences. This information is used to enter you into our contests, sweepstakes and other promotions. We may use this information to communicate with you about our products, services and promotions, but only if you have given us your consent to do so.
• Email to a Friend: You may be able to share certain content from this website with your friends. In order to do so, we may ask for information such as your name, email address, zip code and telephone number, as well as for your friends’ contact details, in order for Theory to fulfill your request, on your behalf and under your sole responsibility as regards to their consent to receive a message from you via this service.
Information We Collect By Automated Means
We may collect information about your browser, including, where available, your IP address, operating system and browser type, for system administration. This is statistical data about how you browse our website.
We may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your device. Cookies contain information that is transferred to your device’s hard drive.
Cookies help us to improve our website and to deliver a better and more customized service. They enable us:
• To estimate usage numbers and patterns
• To store information about your preferences, and to allow us to customize our website according to your individual interests.
• To speed up your searches.
• To recognize you when you return to our website.
We also use "pixel tags" (sometimes called “Internet tags”, "web beacons" or "clear GIFS"), which are tiny graphic images, on our website. Pixel tags help us analyze our customers' online behavior and measure the effectiveness of our website and our advertising. We work with service providers that help us track, collect, and analyze this information.
Pixel tags on our website may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the website. This information may include your device’s IP address, your browser type, your operating system, date and time information, and other technical information about your device. We may also track certain information about the identity of the website you visited immediately before coming to our site. We do not otherwise track any information about your use of other websites.
Pixel tags and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.
We also work with business partners that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to our website, and your interaction with our advertising and other communications.
We may combine the information we collect through cookies and pixel tags with other information we have collected from you. This information may be used to improve our website, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of our advertising, and for other internal business purposes.
Mobile Location Analytics Data
We may use tracking technology to collect certain information about your Wi-Fi enabled mobile device, including the presence of the device in our stores, its signal strength, its manufacturer, and a unique identifier known as its Media Access Control (“MAC”) address (collectively, “Customer Mobile Device Data”). This Customer Mobile Device Data may be collected for the purpose of determining the amount, location and frequency of customer traffic into our stores. A mobile device’s MAC address identifies a specific device to the surrounding Wi-Fi networks. The MAC address does not disclose the identity or any other personal data of the mobile device user.
You may opt-out of having your MAC address recorded by visiting the following link and entering your mobile device’s MAC address: https://optout.smart-places.org/
To learn more about the use of Customer Mobile Device Data and your choices, please visit: www.smartstoreprivacy.com
Use of Your Personal Information
We use the information we collect from our customers for various purposes, including:
• Process transactions upon their request.
• Improve our stores, website, customers shopping experience and quality of service.
• Determine the amount, location and frequency of customer traffic into our stores.
• Send communications to you about our products, services surveys and promotions, as well as about the Theory Foundation.
• Prevent and detect fraud and abuse.
• Process information or claims in connection with incidents at our stores.
• Enable our service providers to perform certain activities on our behalf.
• Comply with our legal obligations, policies and procedures and for internal administrative and analytics purposes.
• Combine information obtained in store and online for the purposes identified above.
Others with Whom We May Share Your Information
Compliance with Law: We may provide access to information when legally required to do so, to cooperate with legal proceedings, to protect against misuse or unauthorized use of our website, to limit our legal liability and protect our rights or to protect the rights, property or safety of visitors of this website or the public.
Links to other sites
Theory uses commercially reasonable measures to keep your financial information private and safe. We take appropriate physical, electronic and administrative steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via email. Our customer service center and stores also operate over a private, secure network. Please note, however, that email is not encrypted and is not considered to be a secure means of transmitting credit card information.
We use what we consider to be industry standard security technology in transferring information to process your orders. All credit card transactions should take place in a protected area of our website, which is designed to reduce the risk of any loss, misuse or alteration of the information collected. When you have finished shopping and begin the checkout process, you should move into the protected area of our website. Once you've entered, the page address (URL) should change from http to https. Also, a key or a closed lock should appear in the lower right hand corner of your screen to notify you of this change. You should remain in this secure zone for the entire checkout process. Please check that you are still in this protected area when you type in your credit card details.
Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use commercially reasonable means to ensure the security of information you transmit to us, we cannot guarantee that such information will not be intercepted by third parties. We may, however, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.
“SPOOFING” AND “PHISHING”
“Spoofing” or “Phishing” are common Internet scams. These may occur when you receive an email from what appears to be a legitimate source requesting personal information from you. Please be aware that Theory will NEVER send you an email requesting you to verify credit card or bank information. If you ever receive an email that appears to be from us requesting such information from you, DO NOT respond to it, and DO NOT click on any links appearing in the email. Instead, please forward the email to us at email@example.com, as we will endeavor to investigate all instances of possible Internet fraud.
Our website is not meant for children. We do not intentionally collect any personal information from children under the age of thirteen, and will dispose of any such information if we become aware that it has been provided to us. Our online contests or sweepstakes are restricted to entrants who are at least 18 years old or the age of majority in the jurisdiction where they are located, whichever is greater.
California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for those third parties’ or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Theory LLC, 38 Gansevoort St, New York, NY 10014, Attn: Customer Care or by email to firstname.lastname@example.org . Please allow 30 days for a response.