BH Shoe Holdings, Inc Privacy Notice

Effective Date:

BH Shoe Holdings, Inc., along with our affiliated brands Align Shoe, B.Ø.C., Børn Shoes, Carolina Shoe, Chippewa Boots, Comfortiva, Corcoran Footwear, Dexter Bowling, Double-H Boots, EuroSoft Footwear, Justin Boots, Kork-Ease, Korks, Matterhorn Footwear, Nocona Boots, Nurse Mates, Shoeline.com, Söfft Shoe, Softspots, Super Shoes, and Tony Lama (collectively, “BH Shoe Holdings, Inc.”), respect your concerns about privacy. This Privacy Notice describes the types of personal information we collect, including on TonyLama.com (the “Site”), how we use the information, with whom we share it and the choices available to you regarding our use of the information. We also describe measures we take to protect the security of the information and how you can contact us about our privacy practices.

If you are a California consumer, please see the section of this Privacy Notice called “California Consumer Privacy Statement” for more information about your privacy rights.

Information We Obtain

Information We Obtain about You

The types of personal information we may obtain about you include:

  • Contact information (such as name, telephone number, postal address, email address);
  • Personal characteristics (such as your birthdate and gender);
  • Payment information, such as credit or debit card number, security code, expiration date and billing address, which is collected and stored by our third-party payment processor on our behalf;
  • Information used to create your online account and other account-related information (such as username, password, and security questions and answers);
  • Purchase history and other information about your interest in or use of our products and services;
  • Location data;
  • Professional information, such as your job title, company name, industry, and professional and employment background;
  • Job application information, such as your resume and any additional application information provided to us (for example, employment history and education);
  • Social media information, such as social media handles, content and other data shared with us through third-party features that you use in connection with our Site; and
  • Other information you choose to provide, such as through surveys, emails, sign-up forms, and the “Contact Us” feature.

We also may obtain other information about you, your devices and apps, and your use of our products or services in ways that we describe at the time of collection or otherwise with your consent.

Information We Obtain by Automated Means

When you use our Site or open our emails, we may obtain certain information by automated means, such as cookies, web server logs, web beacons, and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.

We may use these automated technologies to collect information about your equipment, browsing actions, and usage patterns. The information we obtain in this manner may include your IP address, identifiers associated with your devices, types of devices connected to our Site, web browser characteristics, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of use of our Site. These technologies help us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with our Site; (3) tailor our Site around your preferences; (4) measure the usability of our Site and the effectiveness of our communications; and (5) otherwise manage and enhance our products and services, and help ensure they are working properly. We also may receive your device’s geolocation or other information related to your location through GPS, Bluetooth, WiFi signals and other technologies for certain purposes listed above, such as to provide you with more tailored information and services. Your device may provide you with a notification when the Site attempts to collect your precise geolocation.

Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Site. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device.

How We Use The Information We Obtain

We may use the personal information we obtain about you to:

  • Provide our products and services to you;
  • Send you emails and other communications about our products, services, events, promotions and brands;
  • Administer your participation in surveys, contests, promotions or other programs;
  • Process orders and payment transactions;
  • Offer discounts;
  • Create and manage your account;
  • Help you locate an BH Shoe Holdings, Inc. retailer;
  • Provide customer support and respond to your requests and inquiries, including through the live chat features on our Site;
  • Personalize your experience with our products and services, such as to tailor content and information we may communicate to you;
  • Conduct marketing and sales activities (including pursuing marketing prospects, performing market research, and managing our brand);
  • Manage career opportunities with us, including for recruitment purposes, candidate screening and evaluation, and employee onboarding;
  • Manage our relationships with current or prospective partners, customers and vendors and other business partner personnel;
  • Verify your identity and protect against, identify and prevent fraud and other criminal activity, unauthorized transactions, claims and other liabilities;
  • Operate, evaluate and improve our business, such as developing new products and services; managing, enhancing, improving and analyzing our products and services; managing our communications; performing data analytics; generating leads; determining and managing the effectiveness of our advertising and marketing campaigns; and performing accounting, auditing and other internal functions;
  • Comply with and enforce applicable legal requirements, relevant industry standards and our policies and terms: Terms and Conditions of Use and Copyright and Trademark Notice
  • Maintain and enhance the safety and security of our products and services, network, information, customers, employees and others.

We also may use the information in other ways which we identify at the time of collection.

Third-Party Analytics

We may use third party web analytics services on our Site, such as Google Analytics. These vendors help us analyze how visitors use our Site. The analytics providers that administer these services use technologies such as cookies, web beacons and web server logs to help us analyze your use of our Site. The information collected through these means (including IP address) may be disclosed to these analytics providers, and other relevant third parties who use the information to evaluate use of our products and services. To learn more about Google Analytics, please visit policies.google.com/privacy.

We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products and services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products and services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.

Online Tracking and Interest-Based Advertising

On our Site, we may obtain information about your online activities to provide you with advertising about products and services tailored to your interests. This section of our Privacy Notice provides details and explains how to exercise your choices.

You may see our ads on other websites because we use third-party ad services. Through such ad services, we can target our messaging to users considering demographic data, users’ inferred interests and browsing context. These services track your online activities over time and across multiple websites by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other similar technologies. The ad services use this information to show you ads that may be tailored to your individual interests. The information these ad services may collect includes data about your visits to websites that serve our advertisements, such as the pages or ads you view and the actions you take on the websites. This data collection takes place both on our Site and on third-party websites and apps that participate in these ad services. This process also helps us track the effectiveness of our marketing efforts.

To learn how to opt out of interest-based advertising in the U.S., please visit aboutads.info/choices, networkadvertising.org/choices/, and preferences-mgr.truste.com/.

Information We Share

We may share your personal information with our affiliates, and with our joint marketing partners, for the purposes described in this Privacy Notice. We also may share personal information with service providers who perform services on our behalf, and with social media platforms if you use those services to connect with us through the features on our Site.

We also may disclose personal information (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) to law enforcement authorities or other government officials in response to legal requests; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; or (6) otherwise with your consent.

We reserve the right to transfer any personal information we have about you in the event we sell or transfer all or a portion of our business or assets, such as in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation.

Your Choices

You may at any time ask us to stop sending you marketing emails or other promotional communications. To update your preferences, ask us to remove your information from our mailing lists or submit a request, please contact us as described in the How to Contact Us section below. You may also update your preferences online through your account.

If you are a California resident, please see our California Consumer Privacy Statement for more information about your privacy practices and your rights and choices.

How We Protect Personal Information

We maintain administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure or use.

Children’s Personal Information

Our Site is designed for a general audience and are not directed to children. We do not knowingly collect or solicit personal information from children under the age of thirteen (13) through our Site. If we become aware that we have collected personal information from a child under thirteen (13), we will promptly delete the information from our records. If you believe a child under thirteen (13) may have provided us with personal information, please contact us as specified in the How to Contact Us section of this Privacy Notice.

Access To Non-BH Shoe Holdings, Inc. Sites And Services

For your convenience and information, our Site may provide access (such as through links, plug-ins or widgets) to non-BH Shoe Holdings, Inc. websites, apps and services that may be operated by companies not affiliated with us. The privacy practices of the relevant third parties, including details on the information they may collect about you, is subject to the privacy notices of these parties, which we strongly suggest you review. We are not responsible for the privacy practices of any Non-BH Shoe Holdings, Inc. websites, apps or services.

Updates To Our Privacy Notice

This Privacy Notice may be updated periodically to reflect changes in our personal information practices. We will indicate at the top of the notice when it was most recently updated. For significant changes, we will notify you by posting a notice on our Site.

How To Contact Us

You can update your preferences, ask us to remove your information from our mailing lists, submit a request or ask us questions about this Privacy Notice by contacting CustomerService@TonyLama.com or writing to us at:

BH Shoe Holdings, Inc.
c/o Vision Retailing,
100 Brickstone Square, Ste. 502,
Andover, MA 01810
Attn: Privacy Manager, Nate Hinds

California Consumer Privacy Statement

Effective Date:

This California Consumer Privacy Statement supplements the BH Shoe Holdings, Inc. Privacy Notice and applies solely to California consumers, such as our customers, website visitors, business partners and job applicants. This Statement does not apply to our personnel.

This California Consumer Privacy Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 and its implementing regulations (collectively, the “CCPA”).

Notice of Collection and Use of Personal Information

We may collect the following categories of personal information about you:

  • Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, internet protocol address, email address, account name, Social Security number, driver’s license number, passport number, and other similar identifiers
  • Additional Data Subject to Cal. Civ. Code § 1798.80: signature, physical characteristics or description, state identification card number, credit card number, debit card number, other financial information, education information and medical information.
  • Protected Classifications: characteristics of protected classifications under California or federal law, such as race, color, national origin, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, ancestry, genetic information, disability, citizenship status, and military and veteran status
  • Commercial Information: commercial information, including records of products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies
  • Geolocation Data
  • Online Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements
  • Sensory Information: audio, electronic, visual, and similar information
  • Employment Information: professional or employment-related information such as résumé information, occupation details, education details, certifications and professional associations, historical compensation details, previous employment details, emergency contact information, and pre-employment screening and background check information, including criminal records information
  • Education Information
  • Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We may use (and may have used during the 12-month period prior to the Effective Date of this California Consumer Privacy Statement) your personal information for the purposes described in our Privacy Notice and for the following business purposes:

  • Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytics services, providing storage, or providing similar services;
  • Providing advertising and marketing services;
  • Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;
  • Short-term, transient use, such as nonpersonalized advertising shown as part of your current interaction with us;
  • Helping to ensure security and integrity;
  • Debugging to identify and repair errors;
  • Undertaking internal research for technological development and demonstration; and
  • Undertaking activities to verify or maintain the quality or safety of services or devices and to improve, upgrade, or enhance them.

We do not collect or process sensitive personal information for purposes of inferring characteristics about consumers.

To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.

Retention of Personal Information

We will retain your personal information for the time period reasonably necessary to achieve the purposes described in the Privacy Notice and this California Consumer Privacy Statement, or any other notice provided at the time of collection, taking into account applicable statutes of limitation and records retention requirements under applicable law.

Sources of Personal Information

During the 12-month period prior to the Effective Date of this California Consumer Privacy Statement, we may have obtained personal information about you from the following categories of sources:

  • Directly from you, such as when you make a purchase
  • From your devices, such as when you visit our Site
  • Your family, friends or employer, such as when they provide us with your contact information so we can send information that may interest you
  • Our affiliates
  • Service providers, contractors and other vendors who provide services on our behalf
  • Our joint marketing partners
  • Social networks
  • Recruiting and talent agencies
  • Job references, such as your employers or teachers
  • Online advertising services
  • Data analytics providers
  • Internet service providers (“ISPs”)
  • Operating systems and platforms
  • Data brokers, such as public databases, credit bureaus, and credit reporting or background check service providers

Sale or Sharing of Personal Information

We do not sell your personal information in exchange for monetary compensation. We may allow certain third parties (such as certain advertising partners) to collect your personal information via automated technologies on our sites for cross-context behavioral advertising purposes. This kind of sharing may be considered a “sale” under California law when the personal information is exchanged for non-monetary consideration. You have the right to opt out of these types of disclosures of your information, as detailed below.

We may sell or share for cross-context behavioral advertising purposes (and may have sold or shared during the 12-month period prior to the Effective Date of this California Consumer Privacy Statement) the following categories of personal information about you to online advertising services:

  • Identifiers
  • Commercial Information
  • Online Activities
  • Inferences

We also may share personal information between our affiliated entities, which in some cases may be considered a “sale” under California law. We may sell (and may have sold during the 12-month period prior to the Effective Date of this California Consumer Privacy Statement) the following categories of personal information about you to our affiliated entities: Identifiers (such as name, email address and phone number), Protected Classifications (such as gender), Commercial Information (such as preferences and purchase history) and Employment Information (such as occupation).

We do not have actual knowledge that we sell or share the personal information of minors under 16 years of age.

Disclosure of Personal Information

During the 12-month period prior to the Effective Date of this California Consumer Privacy Statement, we may have disclosed the following categories of personal information about you for a business purpose to the following categories of third parties:

Category of Personal Information Categories of Third Parties
Identifiers
  • Our affiliates and subsidiaries
  • Vendors who provide services on our behalf
  • Our joint marketing and business partners
  • Online advertising services
  • Data analytics providers
  • Social networks
  • ISPs and operating systems and platforms
  • Data brokers, such as credit bureaus and credit reporting or background check service providers
Additional Data Subject to Cal. Civ. Code § 1798.80
  • Our affiliates and subsidiaries
  • Vendors who provide services on our behalf
  • Our joint marketing and business partners
  • Online advertising services
  • Data analytics providers
Protected Classifications
  • Our affiliates and subsidiaries
  • Vendors who provide services on our behalf
  • Our joint marketing and business partners
Commercial Information
  • Our affiliates and subsidiaries
  • Vendors who provide services on our behalf
  • Our joint marketing and business partners
  • Online advertising services
  • Data analytics providers
  • Social networks
  • ISPs and operating systems and platforms
Online Activity
  • Our affiliates and subsidiaries
  • Vendors who provide services on our behalf
  • Our joint marketing and business partners
  • Online advertising services
  • Data analytics providers
  • Social networks
  • ISPs and operating systems and platforms
Sensory Information
  • Our affiliates and subsidiaries
  • Vendors who provide services on our behalf
  • Our joint marketing and business partners
  • Online advertising services
  • Data analytics providers
  • Social networks
  • ISPs and operating systems and platforms
Employment Information
  • Our affiliates and subsidiaries
  • Vendors who provide services on our behalf
  • Our joint marketing and business partners
  • Online advertising services
  • Data analytics providers
  • Social networks
  • ISPs and operating systems and platforms
  • Data brokers, such as credit bureaus and credit reporting or background check service providers
Education Information
  • Our affiliates and subsidiaries
  • Vendors who provide services on our behalf
  • Data brokers, such as credit bureaus and credit reporting or background check service providers
Inferences
  • Our affiliates and subsidiaries
  • Vendors who provide services on our behalf
  • Our joint marketing and business partners
  • Online advertising services
  • Data analytics providers
  • Social networks
  • ISPs and operating systems and platforms

In addition to the categories of third parties identified above, during the 12-month period prior to the Last Updated date of this California Consumer Privacy Statement, we may have disclosed personal information about you to government entities, and third parties in connection with corporate transactions, such as mergers, acquisitions or divestitures.

California Consumer Privacy Rights

You have certain choices regarding our use and disclosure of your personal information, as described below.

  • Access: You may have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold or shared about you during the past 12 months.
  • Correction: You have the right to request that we correct the personal information we maintain about you, if that information is inaccurate.
  • Deletion: You have the right to request that we delete certain personal information we have collected from you.
  • Opt-Out of Sale or Sharing: You have the right to opt-out of the sale of your personal information or the sharing of your personal information for cross-context behavioral advertising purposes.
  • Shine the Light Request: You also may have the right to request that we provide you with (1) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (2) the identity of those third parties.

How to Submit a Request: To submit an access or deletion request, click here or call us at 800-550-7327. To submit a Shine the Light request, email us at CustomerService@TonyLama.com. To opt-out of the sale or sharing of your personal information, click the following link: or email us at CustomerService@TonyLama.com, or by broadcasting the Global Privacy Control signal.

Verifying Requests: To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. If you request access to, correction of or deletion of your personal information, we may require you to authenticate your email address or providing information about your transactions or prior interactions with us. In addition, if you ask us to provide you with specific pieces of personal information, we will require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to make an access, correction, deletion or opt-out of sale request on your behalf (1) we may require you to provide the authorized agent written permission to do so, and (2) for access and deletion requests, we may require you to verify your own identity directly with us (as described above).

Additional Information: If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request. This Statement is available in alternative formats upon request. Please contact CustomerService@TonyLama.com or 800-550-7327. If you require assistance in contacting us, please use your TTY assistive device to dial 711 so an operator can relay your request for a copy of our Statement to our customer service team. Please note our customer service team is available between the hours of 8:00 A.M. to 5:00 P.M. CT Mon-Fri.