Privacy Policy

Updated: December 31, 2019

Welcome to the website of TOMS.com, LLC (together with any of its subsidiaries or corporate affiliates, "TOMS," "we," "us" or “our”)! At TOMS®, our goal is to protect the privacy and security of your personal information.

To achieve that goal, this Privacy Policy describes the types of information we may collect from you, how this information may be used, disclosed and safeguarded, and how you can control its use.

This Privacy Policy governs your experience in our stores located in the United States (the “Stores”) and on this website (and any associated webpages, including use of any of our services through a mobile device, mobile application or otherwise) (the "Website") unless otherwise indicated.

In conjunction with this Privacy Policy, you should also review our Terms of Use & Terms of Sale for a more complete understanding of the rules governing our Website, products and services.

PLEASE NOTE: IF ANY PROVISIONS OF THIS POLICY ARE INCONSISTENT WITH, OR CONFLICT WITH, THE PROVISIONS UNDER THE CAPTION “INFORMATION ABOUT THE CALIFORNIA CONSUMER PRIVACY ACT” BELOW, THE PROVISIONS UNDER SUCH CAPTION SHALL GOVERN. ANY TERMS USED UNDER SUCH CAPTION, HAVE THE SAME MEANING AS DEFINED IN CAL. CIV. CODE SECTION 1798.140.

INFORMATION COLLECTION

Information we collect from or about you may vary depending on how you use the Website, your visit(s) to the Stores, and information you may choose to provide to us and to other sources.

Information You Provide to Us:

TOMS® collects information from you when you choose to provide it to us. This includes, but is not limited to, individually identifiable information, such as your full name, a user name and password, email address, phone number, physical address, credit card information and other billing information.

Examples of ways in which we may collect such information from you include the following:

• Registration and Ordering: Before using certain parts of this Website or ordering products or services, you must complete a registration form and/or create an account. This will require you to provide certain personal and billing information.
  
  If you create an account using your login from a third- party service, like Facebook or Twitter, we will access and collect the information that your privacy settings on that third- party service permits us to access so that we can create your account for you. Additionally, if you choose to connect your contacts and address book information with your account, we will also collect the contact information of your friends so that you can connect with your friends when you use our Website.
• In Store Purchases: When you make a purchase in our Store, we will collect your billing information you provide to us for the transaction, as well as your purchase information. We may also ask you to provide certain personal information if you are interested in receiving information about upcoming sales, events and other promotions.
• Marketing Emails: We may send marketing and or promotional emails to the email address you provide to us. You may unsubscribe at any time from receiving these marketing messages by clicking on the "Unsubscribe" link contained in any promotional email or contact us at customerservice@toms.com (and put "Unsubscribe" or "Opt Out" in the subject line). (Please note that despite unsubscribing from such marketing communications, we may still contact you in relation to your order(s) or any issues relating any business you conduct with us.)
• Live Support: If you choose to contact us via Live Chat on the Website, we collect your name and e-mail address and any other information you choose to provide to us to help better serve you. Please note that we store all chat information and transcripts for a period of time, as determined by TOMS^®. These transcripts are only accessed by TOMS^® for training and customer service purposes.
• Written Reviews: TOMS^® will require a valid registered e-mail address and a review name when it comes to completing the review form on the Website in relation to a specific TOMS^® product. Following the moderation process, your review, alongside your review name and date, may be posted on the Website.
• Video Reviews: You may submit a video review either by uploading or directly recording a video onto our Website. Following the moderation process, the video may be uploaded onto our Website. The video may be rated, flagged or shared by users visiting the Website through e-mail or across social networking websites (e.g. Facebook, Twitter, LinkedIn, Instagram, Google+ or other websites). Note that if your TOMS^® profile is linked to a social networking profile (such as Facebook), your name will act as a hyperlink and other Website users will be able to click through to access your social networking profile.

You can choose not to provide us with Personal Information, but then you may not be able to fully take advantage of certain features of our Website and we may not be able to provide you with certain products and/or services.

Information We Automatically Collect:

We may use cookies, web beacons, pixel tags or other technologies to automatically collect certain information when you use our Website or interact with our emails on or from our Website or other websites. This information may include your IP address, browser type, geolocation data, unique user ID, cell phone model, operating system and carrier, and Internet Service Provider. We also may collect information about your use of our services, such as the number of times you return or visit the Website, whether you click-through, open, or forward links, emails, and ads, the URLs and webpages you've visited, sections of or content on pages of the Website on which you click or in which you are interested, the number of times you visit each webpage, what downloads and/or search queries you have made, how long you spent on particular sections of the Website and on the Website generally, and other Website usage data. These technologies (including cookies on the Website) allow us to keep track of your order as you shop on our Website, recognize registered users when they visit, and provide registered customers with information and advertising that is more relevant to them. If you register with or order from us, we may use cookies or other technology to monitor and maintain information about how you use our Website and what you buy. If you do not register with or order from us, we may monitor and maintain information about your use of the Website in order to improve your shopping experience and provide you with more relevant products, content and advertising.

Cookies: Certain parts of our Website require cookies. Cookies are small pieces of data sent from a website and stored on a user’s computer by the user’s web browser while the user is browsing. You may adjust your browser settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of our offerings. However, you can still place orders over the telephone by contacting our customer service number at 1.800.975.TOMS (8667).

Online Behavioral Advertising: We may partner with third party ad network(s) to either display advertising on our Website or to manage our advertising on other websites. Our ad network partner(s) may use cookies and/or web beacons to collect non-personally identifiable information about your activities on our Website and other websites to provide you with targeted advertising based upon your interests. Our system may not respond to Do Not Track requests or headers from some or all browsers. To learn more about the use of cookies or other technologies to deliver more relevant advertising and your choices about not having this information used by certain service providers, please click here.

Information Collected From Other Sources: We may obtain information about you from other sources, including commercially available sources, such as social networks, data aggregators and cooperatives and public databases. This information may include name, demographic information, interests, and publicly-observed data, such as from social media and shopping behavior. We may combine the information we receive from and about you, including the information you provide to us, information we receive from third parties, information we automatically collect (as explained above) and information provided or collected offline including when you shop in the Stores.

INFORMATION USE

We may use the information we collect from and about you for the following purposes:

1. To personalize and improve our services, the Website and the Stores, and allow you to set up a user account and profile that can be used to personalize your experience in using our services;
2. To provide you with a streamlined checkout experience;
3. To process and fulfill your order(s)/purchase(s), contact you concerning the status of an order/purchase, answer questions, respond to your inquiries or requests, or otherwise contact and communicate with you when necessary;
4. To provide you with targeted offers and advertising, including on the Website, via direct mail, e-mail, text message, or push notifications, and to contact you about upcoming TOMS^® sales, promotions, offers and product information. You may receive these offers in advertising that is directed to you via third party websites and media properties, including in social media.
5. To help us learn more about our visitors and customers, and to improve their shopping experience and our business;
6. To develop new products and services;
7. To research and address any problems with our Website, Stores, business, and our products and services;
8. To protect the security or integrity of the Website, Stores and our business; and
9. Otherwise, as described to you at the point of collection.

INFORMATION DISCLOSURE

We do not share, sell, lease or rent information about our customers to unaffiliated third parties, except in the following circumstances:

1. We may share aggregate, anonymous or summary information regarding our customers and their behaviors with partners, advertisers or other third parties. This data is not personal information and so will not identify you personally.
2. The information that you provide to us, including information that we automatically collect about you (as explained above) and information we receive from third parties may be used to make TOMS’ marketing efforts more efficient. The information that you provide to us, including information that we automatically collect about you (as explained above), may also be shared with trusted third parties for their own marketing purposes. If you prefer that we do not share your information with these third parties, please email us at unsubscribe@TOMS.com with “Opt Out” in the subject line along with your full name, address and email address in the body of the email.
3. We also may share your email address with a third-party, such as a media agency, to send email and other communications, including interest-based advertising to you on our behalf. We may also share aggregated or de-identified information about you, including based on your email address, with our advertising and marketing partners, and third-party media properties, including social media sites, to allow them to send targeted advertising messages on our behalf. If you wish to stop receiving promotional communications from these third parties, please email us at unsubscribe@TOMS.com with “Opt Out” in the subject line along with your full name, address and email address in the body of the email. In addition, you may be able to opt out of these ads by clicking on an icon in the ad or through the privacy settings in each media property.
4. We may share information with companies that provide support services to us, such as a printer, mailing house, fulfillment company, credit card processor, email service provider or web host, amongst others. These parties may need personal information about you in order to perform their functions. However, these parties may not use any personal information we share with them about you for any other purpose other than in connection with performing supporting functions for us.
5. We may publicly disclose the name, city, and state of the winner of any sweepstakes and contests.
6. We may be required to disclose such information in order to comply with legal requests and processes, enforce our Terms of Use & Terms of Sale, otherwise protect or assert the rights, property, interests or personal safety of TOMS^® (including its employees, directors, suppliers, distributors, service providers, users of the Website or others), or if we are otherwise required to disclose such information by law. Any such release decisions may be made by us in our sole discretion.
7. We may need to keep records of certain personal information you have provided to us or which we have obtained from you in accordance with this Privacy Policy and applicable law for business or legal purposes.
8. As with any business, it is possible that as our business develops, we might sell or buy businesses or assets. In such transactions, information about customers often is among the transferred assets. Accordingly, in the unlikely event that our company or substantially all of our assets are acquired by a third party, such information may be one of the transferred assets. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through the Services in a manner that is consistent with this Privacy Policy.
9. We may use your written and/or video reviews on our Website, in Stores and/or within TOMS^® for product improvement, product development, customer experience improvement, and possible communication/PR purposes.
10. From time to time, we may enable you to send emails, comments and other types of messages to us and to participate in forums, blogs, interactive areas, social media website(s) operated by TOMS^® or a partner, in which case your name or other personal information you provide in connection with the communication may be available to the public (please see our Terms of Use & Terms of Sale for more details on this, including our ownership of your messages, Comments, etc.).

PROTECTING YOUR INFORMATION

Shopping with TOMS® is easy and we strive to ensure that your information is safe and secure. As a result, TOMS® has implemented certain physical, administrative, and technical security measures to protect against the loss, misuse or alteration of the information you provide.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee our security measures. We are not responsible for circumvention of any privacy settings or security measures. When using the Website, you should ensure that there is no unauthorized access to your account information by limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account.

When using the Website, you should ensure that there is no unauthorized access to your account information by limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account.

INFORMATION ABOUT CALIFORNIA PRIVACY RIGHTS AND THE CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (“CCPA”)

The California Consumer Privacy Act (“CCPA”) provides California residents with certain rights regarding their personal information that is collected by businesses, including the right to request that a business disclose what personal information it has collected about them, the right to request the deletion of personal information collected from them, and the right to opt-out of the sale of their personal information. TOMS has decided to allow all its customers, regardless of where they reside, to make the same requests. At its sole discretion, TOMS reserves the right to discontinue its current policy of allowing non-California residents to make requests under this section. This section provides information about the CCPA and about the types of personal information TOMS collects and shares with other companies. It also explains how you may make requests to TOMS regarding your personal information. Any terms used in this section have the same meaning as defined in the CCPA (California Civil Code Section 1798.140).

You may request that TOMS disclose to you the following information covering the preceding 12 months:

1. The categories of personal information TOMS has collected about you;
2. The categories of sources from which the personal information was collected;
3. The business or commercial purpose for collecting or selling personal information;
4. The categories of third parties with which TOMS shares personal information;
5. The categories of personal information about you that TOMS sold and the categories of third parties to which the personal information was sold;
6. The categories of personal information about you that TOMS disclosed to third parties for a business purpose and the categories of third parties to which the personal information was disclosed;
7. The specific pieces of personal information TOMS has collected about you.

You may request this information by calling 888-900-6545 or submitting a request here. Such a request may be referred as a right to know request. Before disclosing this information, TOMS will verify your identity, by matching, whenever possible, the personal information you submit, such as purchase order or account information, to the personal information maintained by TOMS. In doing so, TOMS will consider various factors as outlined in Section 999.323(b)(3) of the draft CCPA regulations.

You may request that TOMS delete any personal information about you that it has collected from you, and that TOMS direct any service provider to delete such personal information from its records. Such a request may be referred to as a request to delete. However, pursuant to the CCPA, your information may not be deleted in certain circumstances, including where maintenance of your personal information is necessary to: complete the transaction for which the information was collected, or fulfill the terms of a written warranty or product recall conducted in accordance with federal law, to provide a good or service that you requested or that is reasonably anticipated within the context of your ongoing business relationship with TOMS, or to otherwise perform a contract between TOMS and you; to detect security incidents, protect against or prosecute fraudulent or illegal activity; to enable solely internal uses that are reasonably aligned with your expectations based on your relationship with TOMS; to comply with a legal obligation; or to otherwise use your information internally in a lawful manner that is compatible with the context in which you provided the information. For more information about these and other situations in which we may not delete your information, please see California Civil Code Section 1798.105(d).

You may request deletion of your information by calling 888-900-6545 or submitting a request here. Before deleting your personal information, TOMS will verify your identity, by matching, whenever possible, the personal information you submit, such as purchase order or account information, to the personal information maintained by TOMS. In doing so, TOMS will consider various factors as outlined in Section 999.323(b)(3) of the draft CCPA regulations.

A customer may use an authorized agent to submit a right to know request or a request to delete. To use an agent, the customer must provide the agent with written authorization. In addition, the customer may be required to verify their own identity with TOMS. TOMS may deny a request from an agent that does not submit proof that they have been authorized by the customer to act on their behalf. Such requirements, however, will not apply where a customer has provided the agent with a power of attorney pursuant to California Probate Code section 4000 to 4465.

You may direct TOMS not to sell your personal information. This direction is referred to as “opting out” of the sale of your information. You may opt-out of the sale of your personal information at our webpage entitled “Do Not Sell My Personal Information.” Please visit that site to submit an opt-out request. If TOMS has a good faith, reasonable, and documented belief that a request to opt-out is fraudulent, it may deny the request. A customer may use an authorized agent to submit a request to opt-out on the customer’s behalf. The customer must provide the agent with written authorization to do so. TOMS may deny a request from an agent that does not submit proof that they have been authorized by the customer to act on the customer’s behalf.

TOMS does not and will not sell the personal information of an individual it has actual knowledge is under the age of 16 without affirmative authorization (known as “opt-in”). Additionally, TOMS does not intentionally collect personally identifiable information of children under 13 and will remove personal information about such children if we become aware that we have it.

TOMS will not discriminate against a customer who exercises their rights under this section, including, but not limited to, by:

1. Denying goods or services to the customer;
2. Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
3. Providing a different level or quality of goods or services to the customer;
4. Suggesting that the customer will receive a different price or rate for goods or services or a different level or quality of goods or services.

However, TOMS may charge a customer a different price or rate or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to TOMS by that customer’s data. In addition, TOMS may offer financial incentives as described under the caption “Notice of Financial Incentives” below, including payments to customers as compensation, for the collection of personal information, the sale of personal information, or the deletion of personal information. TOMS may also offer a different price, rate, level, or quality of goods or services to a customer if that price or difference is directly related to the value provided to TOMS by their data. TOMS will notify customers of such financial incentives.

Notice of Financial Incentives

TOMS offers the following financial incentives in exchange for the collection or sale of your personal information.

In the preceding 12 months, TOMS has collected the following categories of personal information about its customers from the following categories of sources and for the following purposes. The CCPA requires that TOMS refer to specific categories of personal information enumerated in the CCPA. TOMS may collect only certain pieces of personal information described in a given category and may not actually collect all the types of personal information described in each category.

In the preceding 12 months, TOMS has sold the following categories of personal information about its customers to the following categories of third parties.

In the preceding 12 months, TOMS has disclosed for a business purpose the following categories of personal information about its customers to the following categories of third parties (to the extent the disclosure was to a third party).

CHILDREN'S PRIVACY

We do not intentionally collect personally identifiable information from children under the age of thirteen (13). If you are under the age of thirteen (13) you should not register, order, purchase or provide information to or from TOMS®. If you have knowledge that a child under the age of thirteen (13) has submitted Personal Information to us, please email us at legal@toms.com, and we will remove that child's personal information from our files.

CORRECTION TO YOUR PERSONAL INFORMATION OR DISABLING YOUR ACCOUNT

You can (a) access, correct, or update your Personal Information, and/or (b) disable your online account to prevent any future purchases through that account. You can make these requests by emailing your request to TOMS® Customer Service department at customerservice@toms.com. Please clearly label the subject line "Corrections / Disabling Account," and do not email your credit-card number or other sensitive information. In specific circumstances, proof of identity and payment may be required.

If you would like to unsubscribe from receiving marketing or promotional emails from us, please click on the "Unsubscribe" link contained in any promotional email or contact us at customerservice@toms.com (and put "Unsubscribe" or "Opt Out" in the subject line).

CHANGES TO THIS PRIVACY POLICY

Please note that we may revise this Privacy Policy at any time and without prior notice. When we do, we will post the change(s) on the Website. In the event that we make any material change(s), we will provide appropriate notice to you via mail or email. We recommend that you periodically review this Privacy Policy for any updates and/or changes. Your continued use of the Website after we make changes is deemed to be acceptance of those changes. Notwithstanding the foregoing, if any change to this Policy involves how we use personal information collected from you, we will obtain your consent to such usage.

LINKS TO OTHER WEBSITES

We may link to or offer some of our services in connection with third party websites or applications, which may have different privacy practices. We are not responsible for the practices of such websites or applications, and we encourage you to read and fully understand their privacy policies.

QUESTIONS AND FEEDBACK

We welcome your questions, comments and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue at legal@toms.com or write to us at:

TOMS Shoes, LLC
5404 Jandy Place
Los Angeles, CA 90066
Attn: Legal Department

TERMS AND CONDITIONS

Please also visit our Terms of Use & Terms of Sale that explains other terms and conditions governing your use of this Website and our Stores.

© TOMS.com, LLC. 2006-2020, all rights reserved.