Privacy Policy

Effective Date: June 1, 2023

Introduction
This Privacy Policy (this “Policy”) describes how Footsmart (“Footsmart”, “we,” “our,” or “us”) collects, uses, discloses, and protects your personal information. By accessing our sites, you agree to the terms and conditions of this Policy.

Scope
This Policy covers our collection and use of personal information obtained through our website, microsites, mobile sites, and pages on social media platforms (collectively referred to as “the site” or “sites”) and other online resources to provide Footsmart services (collectively, the “Services”). This Policy does not apply to the practices of other parties that Footsmart does not own or control, or to individuals that Footsmart does not employ or manage. Other parties may include Shopify, Shopify Pay, Affirm, Google, Facebook, Microsoft, Amazon Pay, Apple Pay, or similar online services.

How you can view your information
For customers that have an account with us you may view the information we have through the My Account section of our website. At your convenience you may change your privacy preferences, opt-out of receiving marketing materials, request a copy of your information or request that we delete your information in the My Account section labeled My Privacy. To view or modify your privacy settings please login or create your account by clicking here.

For customer that do not have an account with us or are browsing our site without logging in or creating an account directly or through the order creation process we do not store personal information and are unable to process requests for access or deletion of your information.

How We Collect Information
We may receive information from various sources, including:
• Directly from you and other consumers through your interactions with and use of our Services, such as through surveys;
• Through automated technologies (such as chatbots) and online browser tools, including the use of cookies, pixel tags, web beacons, web bugs, clear GIFs and other technologies;
• Through our customer service channels like calls and your interactions with our chatbot. We record customer service calls and maintain a transcript of chats (with the service calls and with the chatbots) for quality assurance;
• From individuals with accounts with us;
• From government agencies or public records;
• From service providers, direct marketing and other marketing affiliates, or business partners; and
• From social media platforms and other third parties to augment the information we have.

Information We Collect
The specific pieces of personal information that Footsmart collects, uses, and discloses depends on sites or the Services you use. The categories of personal information we may collect include:
• Contact information (such as name, email address, mailing address, phone number)
• Financial information (such as credit/debit card number, institution name)
• Employment information (such as occupation, title, education, work history)
• Demographic information (such as age or, date of birth)
• Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
• Personal characteristics (such as veteran status, marital status, familial information)
• Biometric information (foot scan data such as pressure points and measurements for arch, instep, ball and heel)Geo-location information (such as city, state, postal and zip code)
• Audio, electronic, visual, or similar information (such as audio recordings of customer service calls)
• Internet or other Electronic Network Activity information (such as IP address, device type, browser information, website pages visited and when, duration of the session, name of the internet service provider, use of links to arrive at our sites, and other actions taken within our sites or emails)
• Inferences are drawn from the above categories of personal information reflecting your preferences, characteristics, behaviors, attitudes, and abilities
• In addition to the above categories, you may otherwise choose to provide us with additional pieces of personal information when you fill in a form, apply for employment, or use other Footsmart Services.

How We Use Information We Collect
• Fulfillment and Responding to Requests. We may use personal information to fulfill requests and perform our responsibilities under our contract with you, such as opening your account.
• Protection and Security. We may use personal information to protect the security and integrity of our Services, and for the protection of Footsmart, our users, and others.
• Responding to your inquiries. We may use personal information to respond to questions.
• We may use financial information to complete requested transactions.
• Administrative Communications. We may use personal information to send important information regarding our Services, such as changes to our terms, conditions, and policies and/or other administrative information. Because this information may be important to us providing our Services, you may not opt-out of receiving such communications.
• Marketing Communications. We may use your personal information you or third parties provide to show you more relevant and meaningful content based on your interests, including notifying you about our promotions, sweepstakes, and offers. If you order a product from us or request a catalog, you are placed in our customer file and will receive transactional and/or promotional emails. You may opt-out of receiving such communications, as described in the “Your Rights” section.
• Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.
• We may use personal information from you, our service providers, publicly available sources and other third parties to conduct research, surveys, compile databases, and identify individuals to recruit in research programs.
• Online Services. We collect and use information about how you and other users interact with our online services through websites, apps, online tools in order to compile statistics for analysis of our Services and business.
• Internal Business Purposes. We may use personal information collected from the categories listed above for our internal business purposes, such as data analysis, developing new offerings, furnishing our website, improving our services, identifying usage trends, and determining the effectiveness of our promotional campaigns.
• Legal and Regulatory. We may use personal information to comply with our legal or regulatory obligations and to prevent fraud, suspicious or other illegal activities.

With Whom Do We Disclose Information
• Affiliated Entities. We may disclose personal information with our subsidiaries and corporate affiliates. These companies may use your information consistent with this Policy.
• Service Providers. We may disclose personal information with service providers that we hire to assist with running our everyday business, such as facilitating purchases, assisting in servicing our products, responding to requests, data analysis, online advertising, infrastructure provision, IT services, customer service, email delivery services, providing customer service, and other similar services. In some instances, we disclose personal information to verify the existence or condition of your account with a financial institution, credit bureau, or other entities. We also work with IT consultants, software companies, and other service providers. At all times, we grant service providers access to personal information only to the extent needed for them to perform their functions, and require them, by a written agreement, to protect the confidentiality and security of personal information and prohibit the disclosure of personal information other than for the specific purposes for we disclosed the information to them.
• Commercial Partners. We may disclose personal information, such as customer mailing addresses, with other reputable catalog companies who partner with us to deliver the Services or for other commercial activities. Depending on the choices you have made and the nature of the joint marketing activity, these third parties may contact you regarding related products, services, and promotions that may be of interest to you. However, we do not sell, rent or share personal information with unaffiliated third parties for their own use or marketing purposes.
• Business Transfers or Assignments. In the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy or similar proceedings), Footsmart may transfer any and all information that we collect from users of our Sites or offline to a third party, including some or all of the personal information collected about you with the acquiring or acquired company.
• Law Enforcement; Emergencies; Compliance. We may disclose personal information about you to others as we believe to be appropriate: (i) under applicable law including laws outside your country of residence; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (iv) to enforce our terms and conditions; (v) to protect our operations and property interest; (vi) to protect the rights, privacy, safety or property of Footsmart, our employees, users of our sites or Services, you, or others; and (vii) to permit us to pursue available remedies or limit the damages that we may sustain. We have no obligation to notify you of such disclosures, except as required by applicable law.
• At your direction. We may use and disclose your personal information as you otherwise consent. For example, if you enter a promotion, the official rules may include provisions related to the sharing of personal information.

Your Rights
Residents of California, Colorado, Connecticut, Utah, or Virginia may have certain rights and choices regarding our processing of their personal information to the extent the law permits and as and when these laws go into effect. Depending on your jurisdiction, applicable law may entitle you to additional consumer rights, including the right:
• To know the categories and/or specific pieces of personal information collected about you, including whether your personal information is sold or disclosed and the purpose, and with whom your personal information was shared. California and Colorado residents may do so up to twice per year;
o California residents may have the right, subject to statutory exceptions, to make or obtain a transportable copy, no more than twice in a twelve-month period, of your personal information that we have collected in the period that is 12 months prior to the request date and that we are maintaining.
• To request deletion of personal information;
• To correct your personal information if you are a resident of California, Colorado, Connecticut, or Virginia;
• To opt-out of the sale of personal information; and
• To non-discrimination based on the exercise of a California resident’s privacy rights.

We do not “sell” personal information for money. Please note that the definition of “sale” differs across states, such that California, Colorado, and Connecticut broadly define “sale” as the “exchange of personal data for monetary or other valuable consideration,” whereas Utah and Virginia adopt a slightly narrower definition of “sale” as the “exchange of personal data for monetary consideration.” Given this, when we use the term “sale,” we mean the “exchange of personal data for monetary or other valuable consideration” in California, Colorado, and Connecticut, and the “exchange of personal data for monetary consideration” in Utah and Virginia. We do not “sell” your personal information for money. Under certain state laws, the manner in which we use cookies may constitute a “sale.”
You may have the right to opt-out of the sale of personal information, depending on how your state defines “sale.” If you choose to use an opt-out browser signal, such as the Global Privacy Control, you will be opted out of cookie-based sales and shares. Please note that visiting our Website with an opt-out browser signal enabled will have the effect of opting you out of sales and sharing with respect to our Website. You will need to turn on the signal for each browser that you use. To submit a request to opt out of other types of sales and sharing, please Contact Us.

We will not use personal information that could be considered “sensitive personal information” under applicable law for the purpose of inferring characteristics about you, or for any other reasons besides the permitted purposes including: to provide our goods and services, or as needed; to ensure security and integrity; to prevent fraud or illegal activity; for physical safety; for short-term, transient use, including for non-personalized advertising; to perform services on behalf of the business; and to verify or maintain the quality or safety of a service or device owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance such services or devices. For this reason, we do not treat the sensitive personal information we collect as subject to a limit the use of my sensitive personal information request and, therefore, we do not offer a way for you to submit such a request.

Non-Discrimination
We do not discriminate against users of our Website, Sites, or customers who exercise any of their rights described in our privacy policy.

Your Nevada Privacy Rights
Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We do not sell covered information, as “sale” is defined by such law.

California’s “Shine the Light” Law
If you are a California resident, you are entitled, once a year, free of charge, to request information regarding our disclosure, if any, of certain categories of Personal Information to third parties for their direct marketing purposes in the preceding calendar year.

Exercising Your Rights
We respond to all requests to exercise applicable rights under this Policy to the extent we have any personal information. To exercise your applicable rights, including submitting a verifiable request, or for questions about this Policy, please see the “Contact Us” section below.

We reserve the right to verify your identity in connection with any requests regarding personal information to help ensure that we provide the information we maintain to the individuals to whom it pertains, and allow only those individuals or their authorized representatives to exercise rights with respect to that information. If you are an authorized agent making a request on behalf of a consumer, we may require and request additional information to verify that you are authorized to make that request.

We reserve the right to deny your request if we cannot verify your identify. Where we deny your request in whole or in part, we will endeavor to inform you of the denial, provide an explanation of our actions, and the reason(s) for the denial.
Residents of Colorado, Connecticut, or Virginia have the right to submit an appeal about our decision to your request regarding your personal information. We respond to all appeal requests as soon as we reasonably can, and no later than legally required.

We will not restrict or deny you access to our Services because of choices and requests you make in connection with your personal information. You may exercise any of the applicable rights described in this section by contacting us using any of the methods in the “Contact Us” section below. We will promptly respond to all applicable requests.

Security and Protection of Personal Information
We take the issue of online security very seriously. It is your information, and we want to make sure it stays that way. We have put in place reasonable technical and information safety safeguards that comply with federal law in order to protect your personal information from unauthorized access and use. This includes various measures, such as computer safeguards and secured files and buildings.

While it is our practice to take reasonable steps to secure each webpage that collects information, the confidentiality of information transmitted over the Internet cannot be guaranteed. We urge you to exercise caution when transmitting personal information over the Internet. If you have any questions about our security system, please contact us using any of the methods in the “Contact Us” section below.

Children and Minors
Our Services are not directed to individuals under the age of sixteen (16) and we do not and will not sell the personal information of minors under 16 years of age absent affirmative authorization. If you are under age 16, please do not submit any personal information to us. If you are a parent or legal guardian and become aware that your child has provided us with information, or think your child has given us information, please contact us using one of the methods specified below and we will work with you to address this issue.

Cookies / Website Usage
As mentioned, when you access our website, your personal information may be collected by cookies, pixels, web beacons, software developer kits, third party libraries, and other similar online tracking technologies. A cookie is a bit of information that a website sends to your Web browser that helps the site remember information about you and your preferences. As mentioned, pixel tags and web beacons are also used in connection with some of our pages and HTML-formatted email messages. If you do not enable cookies to visit our Sites and Services, some parts of the Sites and services may not work.

Additionally, when you use our website, some browsers have Do Not Track (“DNT”) features that allow you to tell a website not to track you. Footsmart does not honor the AdChoice DNT signals. Please be aware that limiting the ability of website technologies may limit your experience, and in some cases, the site may not work.

Our site is also monitored by Google Analytics and Bazaarvoice. Please refer to their privacy policies for more information on their data collection practices. We use Google Analytics to provide you more relevant content. If you would like to opt-out of having your data used by these cookies, please use the Google Analytics opt-out available here: https://tools.google.com/dlpage/gaoptout/. In addition, the Digital Advertising Alliance maintains a web site where consumers can opt out from receiving interest-based advertising from some or all of the network advertising companies participating in the program (www.AboutAds.info/choices).

Changes
Footsmart reserves the right to amend this Privacy Policy at any time. If we change our privacy practices, a new Privacy Policy will reflect those changes and the effective date of the revised Privacy Policy will be updated to reflect the effective date of the new Policy.

Contact Us
If you have questions about your personal information or your rights under this Policy, please call us, email us or send a letter using the following contact information:

Footsmart
2200 Paseo Verde Parkway suite 290
Henderson, NV 89052
Attention: Customer Service
Phone number: 1-855-942-0437
Email: customerservice@footsmart.com