Privacy Policy

Mashburn, LLC (hereinafter "Mashburn") respect your privacy and are committed to protecting it through our compliance with this privacy policy ("Policy"). This Policy sets forth the types of information that we collect from you when you visit the website www.shopmashburn.com (“Website”), how we collect this information, and what we do with it. Please contact us by mail at 1170 Howell Mill Road, Atlanta, Georgia, 30318 or by phone at 1-855-MASHBURN or by email at service@sidmashburn.com if you have any questions or would like additional information regarding this Policy. We may update this Policy from time to time, so please check this Policy periodically for changes.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, including our use and disclosure of your Personal Information (as defined below), please do not use our Website and do not provide us with any of your information. By accessing or using the Website, you agree to the terms of this Policy and consent to our privacy practices described in this Policy, including our use and disclosure of your Personal Information as described below. This Policy may change from time to time as described below. Your continued use of the Website after we make changes is deemed and treated as your acceptance of those changes, so please check the Policy periodically for updates.

Your Information and How We Collect It

As a full-service men’s and women’s clothing store, we may collect information from our customers, including information (i) by which you may be personally identified such as your name, contact and billing information, postal address, email addresses, and telephone numbers or any other identifier by which you may be contacted online or offline (“Personal Information”), (ii) that is about you but individually does not identify you, and (iii) about your internet connection, the equipment you use to access our Website and usage details. You should update your information whenever it changes to keep it current, accurate and complete.

We collect this information (i) directly from you when you provide it to us, (ii) automatically as you navigate through the Website, which includes usage details, IP addresses, and information collected through cookies, and (iii) from third parties, for example, our business partners.

Information You Provide to Us

The information we collect, including Personal Information, on or through our Website may include (i) information that you provide by filling in forms on our Website, including information provided at the time of purchasing products or services that we offer, posting material to or through the Website, entering a contest or promotion sponsored by us, and when you report a problem with our Website or ask us a question, (ii) records and copies of your correspondence (including email addresses), if you contact us, (iii) your responses to surveys that we might ask you to complete for research purposes, (iv) details of transactions you carry out through our Website and of the fulfillment of your orders, including financial information required before placing an order through our Website, and (v) your search queries on the Website.

While it is your choice whether to provide the requested information or not, we cannot provide certain products or services you may request if you do not provide the requested information. You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of a Website or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. Any User Contributions you post or otherwise provide are at your own risk.

Information We Collect Through Automatic Data Collection Technologies and Do-Not-Track Signals

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: (i) usage details such as details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website, (ii) device information, including information about your computer or mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number, (iii) stored information and files, such as metadata and other information associated with other files stored on your device, including photographs, audio and video clips, personal contacts, and address book information, and (iv) location information of your device.

We also may use these technologies to collect information about your online activities over time and across third party websites or other online services (behavioral tracking).

Do-Not-Track is a public-private initiative, http://www.w3.org/2011/tracking-protection/, that has developed a technical “flag” or signal that an end-user may be able to activate within their browser software to notify websites that they do not wish to be “tracked” by third parties as defined by the initiative. The initiative, however, has not reached a consensus as to exactly what technical or other actions those parties receiving the signal should take. As a result, Do-Not-Track has not yet been standardized and most websites, including us and our Website, do not alter their behavior or change their services when their websites receive a “do-not-track” flag or signal.

The information we collect automatically is statistical data and may include Personal Information and we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to: (i) estimate our audience size and usage patterns, (ii) store information about your preferences, allowing us to customize our Website according to your individual interests, (iii), speed up your searches, and (iv) recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies): A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. If you also receive our email marketing, we will tailor the information we send you unless you to tell us not to. This means we may use information we hold and cookies to identify your individual website search behavior and preferences. This will enable us to send you more personalized and relevant communications. You will be given the opportunity on every communication to opt-out of this personalization.

Flash Cookies: Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see below.

Web Beacons: Pages of a Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Our Use of Your Information

We use information that we collect about you or that you provide us, including Personal Information: (i) to present our Website and its contents to you, (ii) to provide you with information, products, or services that you request from us, (iii) to fulfill any other purpose for which you provide it, (iv) to carry out our obligations, including contractual obligations, and enforce our rights arising from any contracts entered into between you and us, including for billing, and collection and to enforce our Terms of Use, (v) to notify you about changes to our Website or any products or services we offer or provide though it, (vi) in any other way we may describe when you provide the information to us, (vii) to improve the Website by solving technical problems, to calculate overall usage statistics, for internal marketing and promotional purposes, and for service development and content improvement, and (viii) to maintain the security and integrity of the Website and our IT systems.

We may disclose aggregated, non-personally identifiable information about our users, and information that does not identify any individual, without restriction.

If we do receive your Personal Information, we will only use it for the purposes for which it is collected, and we will comply with applicable laws, and your consent to such purposes remains valid during such time.

We will not sell, license, transmit or disclose this information outside of Mashburn unless (1) you expressly authorize us to do so; (2) it is necessary to allow our service providers, agents or other third parties to provide services for us, (3) in order to provide our services to you (and contacting you when necessary), (4) subject to applicable contractual or legal restrictions, it is disclosed to entities that perform marketing services on our behalf or to other entities with whom we have joint marketing agreements, (5) subject to applicable contractual or legal restrictions, it is necessary in connection with a sale of all or substantially all of the assets of Mashburn or the merger of Mashburn into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which Mashburn is not the survivor, (6) it is necessary in connection with other business purposes including, without limitation, customer care, service quality, business management and operation, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences and trends, dispute resolution, credit checking and debt collection, (7) otherwise as we are required or permitted by law, court order, legal process, including to respond to any government, law enforcement or regulatory request, or (8) to enforce our Terms of Use.

IF YOU DO NOT AGREE TO OUR USE OF YOUR INFORMATION ABOVE, WE CANNOT DO BUSINESS WITH YOU OR ACCEPT ONLINE ORDERS FOR PRODUCTS OR SERVICES. YOUR CONTINUED USE OF OUR WEBSITE, OR PURCHASE OF PRODUCTS OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS POLICY.

California Privacy Rights

A California resident who has provided personal data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a "California Customer") may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal data, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. California Customers may request further information about our compliance with this law by mailing us at 1170 Howell Mill Road, Atlanta, Georgia, 30318 or emailing Mashburn at service@sidmashburn.com. Please note that we are only required to respond to one request per California Customer each year under Code Section 1798.83.

If you are a California Customer, you are entitled to information about our practices regarding what information we share with third parties. California law also provides residents with the rights to request access to and deletion of certain Personal Information (whether collected online or offline), to know whether Personal Information is shared, and to “opt” out of the sale of Personal Information to third parties for their direct marketing purposes. Please tell us your preference by contacting us as indicated in the "How to Contact Us" section of this Policy.

Contests, Sweepstakes and Other Promotions

On our Website, you may wish to participate in contests, sweepstakes and other promotions that we may offer from time to time. Through these promotions, you may choose to participate in activities such as sharing information found on our Website with others and sending email invitations. If you choose to participate in these promotions, and are eligible to do so, we may ask you for information such as your name, email address, date of birth and telephone number.

In connection with any contests, sweepstakes and other promotions that we may offer from time to time via the Website, we use the information you provide to administer the contests, sweepstakes and other promotions. Subject to applicable contractual or legal restrictions, we also may use the information to communicate with you, or the other people you select, about our products and services or our partners may use such information to communicate with you about the contests, sweepstakes or other promotions or their products and services. In connection with such contests, sweepstakes and other promotions, we will not use information you provide about other people for any purpose except the purpose you direct without first getting their consent.

Direct Marketing Material

Subject to applicable contractual or legal restrictions, we may from time to time contact you with information on offers of goods and services, brochures, new products, and forthcoming events. Our Website will assume you to agree to electronic communications when you make a purchase or request services online. The information that you give us and information about your order may be combined with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources. This information may also be shared with other third-party marketers to bring you offers of interest. These third parties may share your information with others and may use this information for their own interest-based advertising and commercial purposes. You may indicate your preference regarding receiving Mashburn direct marketing material. If do not wish to receive such information or would like to change your preference, please refer to “Your Rights” below.

Email

We appreciate your questions and comments about Mashburn and its products and services and welcome your email messages to service@sidmashburn.com. We will share your messages with those within our organization who are most capable of addressing the issues contained in your message. We will keep a copy of your message until we have had an opportunity to address your concerns. We may archive your message for a certain period of time or discard it once it is no longer needed.

Your Rights

You have the right to ask in writing not to receive direct marketing material from us. If available, you can amend your previous preference by emailing “unsubscribe email” to service@sidmashburn.com or refer to our literature containing instructions. Once properly notified by you, we will take steps to stop using your information in this way. Please allow us a reasonable period of time in order to satisfy your request.

You are entitled to information about our practices regarding what information we share with third parties. You also have the right to request access to and deletion of certain Personal Information (whether collected online or offline), to know whether Personal Information is shared, and to “opt” out of the sale of Personal Information to third parties for their direct marketing purposes. Please tell us your preference by contacting us as indicated in the "How to Contact Us" section of this Policy.

Children

We are committed to preserving online privacy for all of the visitors to our Website, including children. Our Website is a general audience website and is not intended for children under 13 years of age. We do not knowingly collect information about children or provide services to children. If you are under 13, do not use or provide any information on the Website or on or through any of its features/register, make any purchases through the Website, use any of the interactive or public comment features of the Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at service@sidmashburn.com, and we will promptly remove the information. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13. The Website is not designed to attract anyone under the age of 18. In certain instances, we may sell children's products for purchase by adults.

Monitoring and Enforcement

We have implemented various measures to monitor compliance with and enforce the elements in this Policy, however, we expressly disclaim the obligation to monitor such compliance. If you have a privacy related inquiry, complaint or dispute, please contact us at the postal address, telephone number, or e-mail listed in “How to Contact Us” section below.

To ensure that we carry out your instructions accurately, improve our products, services and for security, we may monitor and/or record: (1) telephone calls; (2) activities using CCTV in and around our premises; and (3) transactions and activities on our Website. All recordings are and shall remain our sole property.

Data Security Statement

We have taken all reasonable steps and have in place appropriate security measures to protect your personal information, including keeping your financial information private and safe, from accidental loss and from unauthorized access, use, alteration and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure and can potentially be intercepted or incorrectly routed. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on any Website. Please consider this before submitting any information to us or through the Website.

Credit Card Processing and Data Security

If you make purchases on our Website, we will ask for credit card information, but we do not store the information after the secure transaction is complete. You acknowledge, however, that no transmission of data over the internet can be guaranteed to be 100% secure, despite our best efforts. Thus, while we will use every means possible to ensure the security of information you transmit to us, we cannot guarantee that such information will not be intercepted by third parties.

We do not receive or distribute funds directly from or to you when you utilize the Website to purchase our services or products. We utilize a third-party billing and payment processing gateway, provided by Authorize, who provides the infrastructure and security necessary to provide secure transmission of your credit card transaction data. Authorize’s terms of service are available at www.authorize.net/about-us/terms.html and its privacy policy is available at usa.visa.com/legal/privacy-policy.html, which are incorporated by reference herein. We can only accept credit cards for processing through our secured payment-processing gateway. Although we do not control the security environment for them and cannot make any guarantees regarding the secure processing of your credit card transaction data, we want to inform you that our credit card processor is compliant with the Payment Card Industry Data Security Standard (“PCI DSS”) as a Level 1 service provider. We require that our credit card processors are compliant with PCI DSS. PCI DSS is the bankcard industry’s stringent security standard. Examples of our credit card processor’s security measures include: physical, electronic, and procedural safeguards; sophisticated security monitoring tools; documented security policies; use of strong encryption for transmissions of order information to and from our customers; restricting access to personal information; and periodic security audits by third party security experts.

Visiting Our Website from Outside of The United States

If you are visiting our Website or purchasing our products from the European Union or other region outside of the United States or otherwise contacting us from outside of the United States, please be aware that your personal information will be transferred to, stored or processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries may differ and may not be as comprehensive as those in your country. We will protect your privacy in accordance with this Policy. By using our services or purchasing our products, you consent to the transfer of your personal information to our facilities in the United States and to those third parties with whom we share our facilities as described in this Policy.

Changes to this Policy

We may change this Policy at any time and from time to time. Any changes to this Policy will be either posted on our Website, brochure and/or made available on request. The most recent version of the Policy is reflected by the version date located at the bottom of this Policy. This Policy is not intended to and does not create any contractual or other legal right in or on behalf of any party. When you use the Website after any updates to this Policy, you agree to and accept the updates and the included revisions and modifications. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our website and this Policy to check for any changes.

Social Media

Any information, communications, or material of any type or nature that you submit to us through a third party website including, but not limited to, any of our Websites or accounts contained on a social media platform or website such as Facebook, Instagram, LinkedIn, or Twitter, whether by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”), is done at your own risk and without any expectation of privacy. By visiting any of our social media accounts, you are representing and warranting to us that you have reviewed the applicable social media platform’s or website’s privacy policy and terms of use and that you will abide by all such provisions contained therein. We cannot control the actions of the providers or the other users of any social media platform and we are therefore not responsible for any content or Submissions contained on such platforms. We do not guarantee the privacy and safety of these areas. We encourage you to be wary of providing any of your personal information in such public forums. The information you submit can be collected and used by people you do not know. Again, your use of these features and your Submissions are fully at your own risk.

Links to Other Websites

For your convenience, we may provide links to other websites and web pages that we do not control. We cannot be responsible for the privacy practices of any websites or pages not under our control and we do not endorse any of these websites or pages, the services or products described or offered on such sites or pages, or any of the content contained on those sites or pages.

How to Contact Us

If you have any questions about this Policy or would like to learn more about how we protect privacy, please write to us at Mashburn, LLC's, 1170 Howell Mill Road, Atlanta, Georgia, 30318 USA or by phone at 1-855-MASHBURN or by email at service@sidmashburn.com.

Privacy Policy: last updated June 14, 2021.