Privacy Policy

United States Privacy Notice

EFFECTIVE AS OF April 2nd, 2022

This Privacy Notice (this "Notice") explains how information about you is collected, used and disclosed by Back The Sack, Inc., a company incorporated under the laws of Colorado are and our affiliates and subsidiaries in the United States (collectively, "BACK THE SACK", "we", "us", or "our") with its principal business office located at 9656 Sunset Hill Drive, Lone Tree CO, 80124. This Notice applies to information we collect when you access or use our technology platforms (including, without limitation, our websites, mobile applications and other BACK THE SACK-controlled properties that link to this Notice) (collectively, the "Platforms"), shop in our stores, engage with us via social media, or when we otherwise interact (by email, telephone or otherwise). By providing us with your Personal Information (as defined below) or otherwise interacting with us, you consent to the collection, use and disclosure of such information in accordance with this Notice. We may supply different or additional notices of our information practices specific to certain programs or activities. We may also provide different notices of our information practices with respect to certain subsidiaries or affiliates, in which case this Notice will not apply.

1. COLLECTION & USE OF PERSONAL INFORMATION.

2. SHARING OF INFORMATION.

3. CHOICE AND ACCESS.

4. TARGETED ADVERTISING/ANALYTICS.

5. SECURITY OF YOUR INFORMATION.

6. PRIVACY OF CHILDREN.

7. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION.

8. LINKS TO THIRD PARTY WEBSITES.

9. CHANGES.

10. CONTACT US.

11. ADDITIONAL RIGHTS AND PROVISIONS FOR CALIFORNIA RESIDENTS.

"Personal Information" is information that identifies, relates to, or describes, directly or indirectly, you as an individual, such as your name, e-mail address, telephone number, home address, or payment information (e.g., account information or credit card number).

We may collect Personal Information when you interact with BACK THE SACK or any of our brands, such as when you:

●  Purchase, , reserve or try-on merchandise at one of our stores or through our Platforms;

●  Consent to receive our promotional email, SMS/text messages, job postings or other communications;

●  Visit or register through our Platforms;

●  Visit our stores;

●  Participate in our contests, sweepstakes or promotions, or participate in one of our surveys or other customer research;

●  Submit product ratings and reviews;

●  Contact or visit our Customer Service Department, or otherwise contact us or one of our service providers with a comment, question or complaint; or

●  Enroll in one or more of our loyalty or other reward programs.

Purchasing, reserving or trying-on merchandise. When you purchase merchandise through one of our stores or through our Platforms, we collect and use the Personal Information that you provide, such as your personal identifiers (such as name, address, email address and telephone number), commercial transaction information (such as order details) and financial information (such as payment card information), for the purposes of fulfilling your order, improving our service and merchandise offerings, security and anti-fraud efforts, tailoring our marketing efforts, auditing, updating you on the status of your order/ and reporting internally. 

We receive personal characteristics (such as size information and locale) when you provide the information to us. We use size information to provide you with the products you order and save your preferences.

In certain circumstances, we may also collect Personal Information that you provide to us regarding other people. For example, you may provide us with personal identifiers (such as the name and address) for a gift recipient. When you provide us with this Personal Information, we use it for the purposes of processing the shipment and, in some cases, to communicate with the intended recipient. We rely on you to obtain any necessary consent from the intended recipient to our use of their Personal Information for these purposes.

Promotional email, SMS/text messages, job postings or other communications. When you consent to receive information from us such as promotional emails, SMS/text messages, job postings or other information, we collect and use your personal identifiers (such as contact information) for the purposes of fulfilling your request. You can unsubscribe from promotional communications by following the instructions in the message, or for SMS/text messages, replying with ‘STOP’. If you have any questions about unsubscribing from our messages, please contact us as outlined below.

Visit or register through our Platforms. If you choose to visit and register with one of our Platforms, we will collect the registration information that you provide, such as your personal identifiers (including your name, email address, telephone number, password, shipping addresses), financial information (including payment card information) and combined it commercial transaction information (such as your purchase history with BACK THE SACK and BACK THE SACK’s branded credit card) and loyalty program information (described below) for the purposes of administering and securing your account on our Platforms.

We also collect certain information through our Platforms automatically, such as:

●  Usage and Geolocation Information. Whenever you visit or interact with our Platforms, we, as well as our service providers and trusted partners (collectively, "Vendors"), may use a variety of technologies (such as cookies, beacons and pixels) that automatically or passively collect information ("Automated Technologies") about how the Platforms are navigated, accessed and used ("Usage Activity Information"), and geo-location data. Usage Activity Information may include the pages served, the time/date of your visit, the preceding page views, and your use of and pathway through the Platforms.

●  Device Identifiers and Characteristics. We and our Vendors may use Automated Technologies to collect personal identifiers (such as your IP address(es) or other unique device identifiers) and device characteristics (such as browser type, device type, operating system and application version) for the device (e.g., computer, mobile phone, tablet or other device) you use to access the Platforms.

●  Automated Technologies. The Automated Technologies used on the Platforms to collect Usage Information include, but are not limited to, cookies (data files placed on a device when it is used to visit the Platforms), mobile analytics software, pixel tags (a transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a Platform to indicate that a page or e-mail has been viewed), and similar technologies. Both session cookies (which expire once you close your web browser) and persistent cookies (which remain on your device, sometimes until you delete them) may be used. Some Automated Technologies may tell your browser to get third party content, such as customer reviews, from third parties.

We collect this information automatically through our Platforms for security and anti-fraud purposes (including protecting the integrity of the Platforms and our stores), to better understand and enhance user navigation on our Platforms, for marketing and analytics purposes (including allowing the selection of personalized ads or offers believed to appeal to you, based on your interests, preferences, location, or demographic information), and for internal operations and auditing. Additionally, Automated Technologies may be used to associate you with social networking sites (e.g., Facebook,

Twitter and Snapchat), and, if you so choose, enable interaction between your activities on the Platforms and your activities on such social networking sites.

You may learn more by reading our Cookie Collection Notice.

Participating in our contests, sweepstakes, promotions, surveys or customer research. We collect the Personal Information (such as personal identifiers and responses) that you provide if you choose to participate in one of our contests, sweepstakes, promotions, surveys or other customer research, for the purposes of administering them. We will also use the Personal Information you provide to analyze and better understand how customers interact with our brands.

Contacting customer service. We use the Personal Information (including personal identifiers, commercial transaction information and financial information) you provide to us when you contact our Customer Service Department for the purposes of reviewing any questions you raise and responding to you. Depending upon the nature of your query, we may request additional Personal Information for the purposes of verifying your identity. We may record the audio information in customer service telephone calls for quality 

Information we receive from others. We may obtain Personal Information from other sources and combine that with information we collect directly from you. For example, we may collect personal identifiers, commercial transaction information, and personal characteristics (such as gender and birth date) from third parties to ensure we have up-to-date contact information for you, to detect fraud or theft, to facilitate your use of a third-party application or feature (such as one of our Facebook, Twitter or Snapchat applications or a similar application or feature on a third-party website), or from third-party analytics and advertising providers as further described below. We may also receive commercial transaction information (including purchase history) when you use the BACK THE SACK credit card. We apply the applicable provisions of this Notice to such combined information, so long as it is combined.

Inferences from the information listed above. We will use the information listed above to draw inferences about your preferences (such as your preferred brands and styles) to help us provide you with personalized content and offers and help us develop and provide better merchandise and services.

De-identified or aggregated information. We de-identify and/or aggregate data we receive and may use and disclose it for any business purpose.

2. SHARING OF INFORMATION.

Except as described in this Notice, we will not provide your Personal Information to third parties without your consent. We may, however, share aggregated, non-personal or de-identified information, which cannot reasonably be used to identify you, with third parties. We may also share any of your Personal Information (listed above) for our business and commercial purposes and as more specifically described below:

Service Providers Providing Services on Behalf. We may share your Personal Information with service providers that perform functions on our behalf or assist with our business operations, such as those that host or operate our Platforms, analyze data, fulfill, ship, and deliver orders, and provide customer service; advertisers; or other service providers that participate in or administer our promotions, contests, sweepstakes, surveys or provide marketing or promotional assistance; and “powered by” partners who power product reviews on our products or services. These service providers may use the Personal Information only for the purposes of providing the services to you and us.

Third Parties/Trusted Partners Providing Services on Our Behalf. We may share your Personal Information with trusted partners that provide you and us with services, such as those that process transactions and payments, process gift card orders and use, facilitate and publish product ratings and reviews, perform anti-fraud services, and fulfill, ship, and deliver orders. In these situations, you are using and directing us to intentionally disclose Personal Information (including personal identifiers and financial information) so our merchandise and services can be provided to you.

Publicly. If you choose to participate in a product review or rating or rate a review as helpful or not helpful, the submissions may be published on the Platforms, in emails, on television, and on social media platforms. Published ratings and reviews may identify the author’s personal identifiers (such as nickname), personal characteristics, locale and the content of the submissions. You consent to making this information available to the public.

Your Consent to Have Your Personal Information Shared. While utilizing our Platforms, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party. If you agree to have your Personal Information shared, your Personal Information will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy notice and business practices of that third party.

Business Transfers. We may share your Personal Information with other entities and their advisors in connection with an actual or potential bankruptcy, merger, acquisition, financing, reorganization or sale of company assets, or negotiation thereof.

Legal and Additional Disclosure. We may transfer and disclose your information to law enforcement, the courts, our advisors, attorneys, and others who participate in the legal process to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; to verify or enforce applicable policies; to detect and address fraud, security or technical issues; to respond to an emergency; otherwise to protect the rights, property or security of BACK THE SACK or third parties, or as otherwise required or permitted by law.

3. CHOICE AND ACCESS.

Accessing/Updating/Deleting Your Personal Information. If you wish to access, modify, verify, correct or delete any of your Personal Information collected through the Platforms, you may contact us using the contact information provided below. Alternatively, you may access, modify, verify, correct or delete your registered user information through our Platforms. We may refuse requests that are unreasonably repetitive, require disproportionate technical efforts, risk the privacy of others, or are impractical. If you are a California resident, go to the California Consumer Privacy Act Notice and Rights page to learn more about your privacy rights.

In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Platforms or we have otherwise received. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. It may not always be possible to completely remove or delete all of your information from our databases without some residual data remaining due to backups and other reasons. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and obligations.

Promotional Communications. You may opt out of receiving promotional communications from us at any time by: (i) logging into your online account and updating your preferences; (ii) contacting us by phone, email or postal mail, or (iii) following the removal instructions in the communication that you receive. When you provide your address to us in your account profile, we may send you promotional mailers or advertisements. In addition, you can opt-out of receiving text messages from us at any time by responding to our text messages in the following manner:

For Our Users With Disabilities. BACK THE SACK seeks to provide an environment in which every individual has an opportunity to be a part of our community and where full inclusion and respect for all people encourages creativity and authenticity. When our Platforms are not accessible, we recognize the significance of the impact it can have on people with disabilities. If you use assistive technology (such as a Braille reader, a screen reader, or TTY) and the format of any material on this site interferes with your ability to access information or perform any functions, please contact David Goliath Becker, Chief Operations Officer, at Dbecker1127@gmail.com or contact our customer service team at 720-666-4666. To enable us to respond in a way most helpful to you, please describe the nature of your accessibility problem, the preferred format in which to receive the material, the specific Web address of the requested material, and your contact information.

Selling. We do not currently and will not sell your Personal Information for monetary payments without your consent. You may have the right to opt out of our future selling of certain Personal Information for monetary payments. Please contact us at privacy@backthesack.com to make this request and include your state of residence when making such request. California consumers can read about their rights related to the “sale” of Personal Information under the California Consumer Privacy Act here.

4. TARGETED ADVERTISING/ANALYTICS.

We may use analytics and ad network providers to help analyze the usage of and present ads on the Platforms, third-party mobile applications, or other sites, as well as other service providers to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of our Platforms, such as personal identifiers (your IP address) and device characteristics (web browser, mobile network information) and usage activity (such as pages viewed, time spent on pages, links clicked and conversion information). This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content

personalized to your interests and better understand your online or offline activity. For example, you may see advertisements for BACK THE SACK on third party sites after you have visited BACK THE SACK’s website.

For more information, please visit our Cookie Collection Notice.

5. SECURITY OF YOUR INFORMATION.

We take industry-standard administrative, technical and physical measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us.

6. PRIVACY OF CHILDREN.

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Platforms is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at privacy@backthesack.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.

7. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION.

We are based in the United States, and the information we collect is governed by U.S. law. By accessing or using the Platforms, or otherwise providing information to us, you consent to the collection, processing, transfer and storage of information about you in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen. Please use the contact information below if you have a question or complaint about the policies, practices or manner in which we or our Vendors treat your Personal Information.

8. LINKS TO THIRD PARTY WEBSITES.

The Platforms may contain links to third party websites and online services. This Notice does not apply to the practices of other websites and online services, and we are not responsible for the actions and privacy policies of the third parties that operate or interact with those other websites.

9. CHANGES.

We may update this Notice from time to time. If we make changes, we will notify you by revising the date at the top of the Notice and, in some cases of a material change to the Notice, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review this Notice whenever you interact with us to stay informed about our information practices and the ways you can help protect your privacy.

10. CONTACT US.

As it relates to questions you might have about this Notice or if you have a concern that BACK THE SACK may have failed to adhere to this Notice, please contact us as follows:

Please note, the role and department responsible for compliance with the obligations under this Notice is:

Assistant General Counsel, Privacy: Legal Department, Backthesack@gmail.com

From within the US:

Back The Sack 9656 Sunset Hill Drive, Lone Tree, CO, 80124: Assistant General Counsel, Privacy

Tel: 720-666-4666

11. ADDITIONAL RIGHTS AND PROVISIONS FOR CALIFORNIA RESIDENTS SPECIAL PROVISIONS.

The following provisions are applicable to residents of California and supersede the prior general statements made above.

• Please click here to be redirected to our California Disclosures.

CALIFORNIA CONSUMER PRIVACY NOTICE AND RIGHTS.

Under the California Consumer Privacy Act (“CCPA”), California consumers have the right to request: 

●  The deletion of the Personal Information (as defined in the CCPA) we have about them;

●  Additional information about whether and how we have collected, used, disclosed and sold Personal Information about them;

●  The specific pieces of Personal Information we have about them; and

●  The opt-out of the “sale” of Personal Information.

California consumers also have the right not to receive discriminatory treatment if they exercise the rights list above. When you make a request, we may require that you provide information and follow procedures so that we may verify the request and your jurisdiction before responding to it. The verification steps we take may differ depending on the request you make. We will match the information that you provide in your request to information we already have on file to verify your identity. If we are able to verify your identity, we will begin to process it. If we cannot verify your identity, we may ask you for additional information to help us verify your request. If we still cannot verify your identity, we will notify you with further explanation. 

We will respond to your request within the 45-day time period required by applicable law. However, we may not always be able to fully comply with your request, and we will notify you in that event. To make requests, California consumers may call us at 1 (888) 232-4535, email us at customercare@backthesack.com, or contact us through our web form. Consumers will be required to submit their name, email address, and request-related information. We may also ask you to confirm information from your order history, account settings, or government identification so that we may verify the request. Please provide as much of the requested information as possible to help us verify your identity. We will use information received in a request only for the purposes of responding to your request. 

The CCPA permits California consumers to use an authorized agent to make privacy rights requests. We require the authorized agent to provide us with proof of the California consumer’s written permission (for example, a signed document addressing this topic or a power of attorney) that shows the authorized agent has the authority to submit a request for the California consumer. If the authorized agent is an entity, it must be registered with the California Secretary of State. An authorized agency must follow the process described above to make a request, and we will additionally require you and your authorized agent to verify his/her own identity. Additionally, we may confirm the agent’s authority with the California consumer about whom the request was made. 

We do not sell (as “sell” is traditionally understood) Personal Information. That means, we do not provide your name, email address or other Personal Information to third parties in exchange for money. But under California law, sharing Personal Information for certain marketing and advertising purposes may be considered a “sale.” In the last 12 months, we have shared Identifiers and Commercial Information with providers of advertising insights to help us tailor and target our marketing and advertising efforts in a manner that may be considered a “sale.” We do not knowingly “sell” Personal Information of individuals under the age of 16. 

California consumers have the right to opt out of this “selling” of Personal Information, and they can do that by emailing us at accountrequest@backthesack.com, or contacting us through our web form. Opting-out of “sales” will not stop marketing and advertising, but it may be less tailored and useful for you. Even after you opt-out, we will continue to share Personal Information with our service providers. 

CALIFORNIA SHINE THE LIGHT.

California Shine the Light Under California Civil Code §1798.83, if you are a California resident and have an established business relationship with us, you can request a notice disclosing the categories of personal information we have shared with third parties for the third parties’ direct marketing purposes during the preceding calendar year. To request a notice, please submit your request to privacy@backthesack.com Please allow 30 days for a response.

CALIFORNIA PRIVACY RIGHTS - CALIFORNIA MINORS.

As stated in our Privacy Policy, our websites, mobile/tablet sites, web pages, social media presence, marketing campaigns, applications, our stores and other BACK THE SACK controlled digital properties that link to this Policy (collectively, our “Platforms”) are “general audience” websites and not directed toward children. 

Certain areas of our Platforms may contain interactive features that allow registered users to post content or information (the “Interactive Services”). If any of our Interactive Services are either: (1) directed toward California residents under the age of eighteen (18); or (2) if BACK THE SACK has actual knowledge that a registered user of the Interactive Services is a California resident under the age of eighteen (18), BACK THE SACK will permit such registered user to remove (if applicable) or request that BACK THE SACK remove or anonymize such content or information as posted by the registered user, to the extent required by California Business and Professions Code § 22581. 

If you are under the age of eighteen (18) and would like to request the removal or anonymization of content or information you have posted on or to our Interactive Services, please send your request to privacy@backthesack.com.