December 30, 2022

This Privacy Policy describes how Roshambo Baby, Inc, 1890 Diamond Street, San Marcos, CA 92078, and our subsidiaries (collectively, "Roshambo," "we" or "us") collect, use and share personal information about you and the choices that are available to you with respect to our handling of your information. This Privacy Policy applies to personal information we collect when you interact with us online (e.g., through our website or other online products and services) or offline (e.g., when you shop in our stores or interact with customer support) or otherwise interact with us described below. Our online and offline services and interactions with you are collectively referred to as "Services" in this Privacy Policy.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy and such changes will become effective upon the publication thereof on our websites. In some cases, we may provide you with additional notice (such as adding a statement to the homepages of our websites or sending you an email notification). We encourage you to reviews the Privacy Policy whenever you interact with us to stay informed about our personal information practices and the choices available to you.

COLLECTION OF INFORMATION

PERSONAL INFORMATION WE COLLECT FROM YOU

We collect the following Categories of Personal Information

• Contact Information: your first and last name, shipping address, email address, phone number;

• Other Identifying Information: social media user names, IP address, commerce ID, order ID, passwords and other security information for authentication and access;

• Payment Information: name, card issuer and card type, credit or debit card number, expiration date, CVV code, and/or billing address;

• Information you may provide about third party: name, surname, address and contact details of recipient for delivery of goods or services (such as sending a gift or virtual gift card), if different from yours;

• Employment Information: employment status or history, or your professional information;

• Demographic Information: age, gender and date of birth;

• Location Data: Including your general geographic location based on the IP address we collect;

• Internet or Other Electronic Activity: your browsing history, including information about how you navigate within our services and which elements of our services you use the most;

• Audio and visual information: your videos and photos that you choose to upload to our websites or otherwise share with us;

• Commercial Information: products purchased or viewed on our websites and records and transcripts of communications with us, such as communications with our customer services team or through the chat feature on our websites;

• Preference Information: preferences including information about the types of events and products you prefer, and physical characteristics such as your size, height, weight, or other information relevant to your apparel preferences if you voluntarily provide such information;

• Sensitive Personal Information: in certain circumstances, we collect sensitive personal information, including precise geolocation data indicated by your mobile device or computer; and;

• Inferences: inferences drawn from the categories described above in order to create a profile about you to reflect your preferences,  characteristics, behavior and attitude; and

• VIDEO DATA: we collect video data via security cameras we deploy in some of our retail stores.

What sources do we use to obtain your Personal Information?

Directly From You

We collect contact, demographic, personal preference, and payment information directly to you. You may provide us with such information through our websites, in our stores, through our customer service representatives, at events, through mobile applications, through marketing efforts, including contests, sweepstakes and events, and through third parties, or any other way we interact with you.

From Third Parties

We collect your personal information from third parties, such as social media sites, data coops and other third party data sources. We may collect your identifying information from Facebook, Pinterest, TikTok, Instagram and Twitter, such as your name, email address, age, gender, and location, in accordance with their terms of use and privacy policies. We may also receive demographic information about you from third party data sources to make our service and marketing efforts more efficient and personalized for you. We may also receive legal information from third parties, such as fraud checks or flags raised about your transactions, payment card refusals, suspected crimes, complaints and/or claims.

INFORMATION COLLECTED BY COOKIES AND SIMILAR TRACKING TECHNOLOGIES

We (and our services providers) use cookies, web beacons (also known as "tracking pixels") and similar tracking technologies to automatically collect information about you when you interact with our online Services or emails, including information about your browsing and purchasing behavior. For example, we may collect information such as your browser type, operating system type or mobile device model, viewed webpages, links that are clicked, IP address, mobile device identifier or other unique identifier, websites visited before coming to our website, the amount of time you spend viewing or using our website, the number of times you return, or other click-stream or site usage data, and emails we send that you open, forward, or click through to our Site or App. We also record your journey through our website, including the pages you visit, the movement of your mouse or pointer, and the keystrokes you type. This allows us to create a "session replay" of your visit to our site. We may combine this information with other information we collect about you and use it for various purposes, such as improving our websites and your online experience, understanding which areas and features of our sites are popular, counting visits, understanding campaign effectiveness, tailoring our communications with you, determining whether an email has been opened and links within the the email have been clicked and for other internal business purposes. For more information about cookies and how to disable them, please see our Cookie Policy below.

PERSONAL INFORMATION WE DERIVE

We may derive personal information or draw inferences about you based on the other types of personal information we collect. For example, we may infer your location based on your IP address, or that you are interested in purchasing a certain type of clothing based on your browsing behavior on our Services.

USE OF PERSONAL INFORMATION

• Provide, maintain and improve our Services, including to facilitate and improve your in-store and online shopping experiences;

• Deliver the products and Services you request, or that are reasonably anticipated within the context of our ongoing business relationship, complete transactions, perform our contractual obligations and send you related information, including confirmations and receipts;

• Process your orders, payments and account adjustments and initiate, render, bill and collect payment for our products and Services;

• Conduct internal research and development and make business decisions about current and future product and service offerings;

• Respond to your comments, questions and requests and provide customer service;

• Communicate with you about products, services, offers, promotions rewards and events and provide news and information we think will be of interest to you (for information about how to manage these communications, please see "Your Choices" below);

• Manage your online account(s) and send you technical notices, updates, security alerts and support and administrative messages;

• Personalize your online experience and provide advertisements, content or features that match your profile and interests;

• Monitor and analyze trends, usage and activities;

• Process and deliver contest, promotion and sweepstakes entries and rewards;

• Detect, protect against and prevent security incidents and illegal or unauthorized activities, investigate complaints and claims and provide other security protections, such as identity verification;

• Protect users of our Services from fraudulent, malicious, deceptive, abusive or unlawful activities of others;

• Debug and repair errors in our products and Services and other activities to maintain and improve the quality and safety of our products and Services;

• Cooperate with law enforcement and protect the rights (including free speech), interests, safety or property of Vuori or our customers, service providers and other third parties;

• Comply with and enforce applicable legal and regulatory obligations and respond to governmental requests;

• Enforce our policies, terms and conditions or other agreements;

• Defend against or pursue claims, disputes or litigation - in court or elsewhere;

• Provide you the benefits of our loyalty program if you are a member of our loyalty program; and

• Carry out any other purpose directly related to the purpose readily apparent to you or described to you at the time the personal information was originally collected.

SHARING OF PERSONAL INFORMATION

Where disclosure of personal information is necessary to satisfy the purpose, or a directly related purpose, for which the personal information was collected, we may share personal information about you as follows:

• With vendors, consultants, contractors and other service providers who access personal information to carry out work on our behalf and improve the products and services they provide to us (e.g., companies that assist us with web hosting, shipping and delivery, payment processing, fraud prevention, customer service, analytics, marketing and advertising);

• In response to a request for personal information if we believe disclosure is in accordance with any applicable law, regulation or legal process or as otherwise required by any applicable law, rule or regulation;

• If we believe your actions are inconsistent with our user agreements or policies or to protect the rights, property and safety of us or any third party;

• In connection with, or during negotiations of, any merger, sale of company assets, financing or transfer of all or a portion of our business to another company, provided that such recipient has a legitimate right to such information, is under a duty of confidentiality to us and has undertaken to keep such information confidential;

• With our current and future parents, affiliates, subsidiaries and other companies under common control and ownership;

• With our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interest;

• By publicly posting, at our discretion, your product review or other user content if you provide one

• With your consent or at your direction; And

• With third parties to serve advertisements on our behalf across the Internet and to provide analytics services. For more information on this type of sharing, see the "Advertising and Analytics" section below.

We allow our e-commerce partner, Glopal, Inc., to directly collect personal information from you for the purposes of facilitating ordering and shipping internationally. This information collected by this e-commerce partner will be treated in accordance with their privacy policy. For more information about Glopal's privacy practices, please visit the Glopal company website.

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

ADVERTISING AND ANALYTICS

We engage third parties to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect personal information about your use of our websites, such as your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This personal 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 targeted to your interests on our websites and other websites and better understand your online activity. For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit Opt Out Network Advertising and About Ads. You may opt out of receiving targeted advertising by visiting Your Online Choices. Please note that you need to renew this choice on each device and browser you use to access our Services.

We may also work with third parties (such as Facebook and Instagram) to serve ads to you as part of a customized campaign on their platforms. If you prefer not to see customized ads from us, you can usually opt out by changing your account settings or preferences on such platforms.

DATA RETENTION

Our retention periods for personal information are based on business needs and legal requirements. We retain personal information for as long as is necessary for the processing purpose(s) for which the personal information was collected and any other permissible, related purpose, and as permitted or required by the applicable laws. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired.

CHILDREN

We do not, in providing the Services, knowingly collect personal information from children who are under the age of 16 without prior consent from such child's parent or guardian. We do not have actual knowledge about selling or sharing personal information of consumers under the age of 16. If you have reason to believe that a child has provided personal information to us via the Services, please contact us, and we will endeavor to delete that personal information from our databases unless the prior consent from such parent or guardian has been obtained.

YOUR CHOICES

YOUR ONLINE ROSHAMBO ACCOUNT

You may update, correct or delete certain information stored within your online Roshambo account at any time by logging into your account and navigating to the "My Account" page. To delete your online account, please write to helpme@roshambo.com. Note that if you request to delete your account, we may retain certain personal information (such as transaction information) and other cached or achieved copies of personal information about you for such time as may be necessary for the fulfillment of the purpose for which the information was collected or used (including as required by law or for legitimate business purposes). If you request deletion of your personal data, you may lose your account, order history, personalized web experiences, loyalty points and certificates, recently obtained coupons, promotional emails sent to your inbox. If you have other questions about your account, please email helpme@roshambo.com.

OPTING OUT OF PROMOTIONAL COMMUNICATIONS

It is our intention to only send you communications that you may want to receive. When you opt-in or do not opt-out from receiving promotional materials in a form in which we collect the personal information from you, we will contact you regularly via post and/or e-mail. We intend to use your name, contact details and demographic information and market or promote the events offered or arranged by us or third parties. We may not use your personal information for such purpose unless we have received your consent.

You can opt out of receiving promotional communications from us at any time by doing the following:

• To opt out of direct mail (such as catalogs and postcards): Contact us at helpme@roshambo.com.

• To opt out of promotional emails and text messages: Follow the instructions provided in those communications or contact us at helpme@roshambo.com.

Please note that "opting-out" of receiving promotional emails will not stop marketing or advertising content that is generated for distribution or is otherwise queued for transmission to you prior to the time when we can implement your request. We may continue to send you non-promotional emails, such as those about your account or ongoing business relations.

COOKIES

Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites. By continuing browsing on our websites, you consent to our use of cookies and agree that we can store and access cookies, IP addresses and use other methods in order to collect websites usage data and improve your on-line experience.

We have established processes by which you can submit requests regarding your personal information. To exercise your options as described in this Privacy Statement, you may contact us in one of the following ways:

State-Specific Privacy Rights

Depending on where you reside and in accordance with applicable law, you may have additional rights related to the personal information collected from and/ or about you, subject to certain exceptions and limitations. You may have the following rights with respect to your Personal Information:

• The right to confirm whether we process your personal information and access your personal information in a portable and, to the extent technically feasible, readily usable format.

• The right to correct inaccuracies in your personal information, taking into account the nature of the personal information and the purposes of the processing.

• The right to delete personal information we have about you.

• The right to opt out of the processing of your personal information for purposes of targeted advertising, the sale of personal information, and/ or profiling in furtherance of decisions that produce legal or similarly significant effects.

• If we deny your request, you may have the right to appeal our decision.

You can make a request by emailing customer support at helpme@roshambo.com. When you exercise these rights and submit a request to us, we will verify your identity by asking you to provide us with additional information such as your email address, order numbers of previous orders of our products and services, or the last four digits of a credit or debit card used to make a purchase. We may also use a third-party verification provider to verify your identity. We will endeavor to honor such requests unless such a request conflicts with certain lawful exemptions under your state's consumer privacy law.

The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our products or services.

To appeal a decision we have made regarding your request, you may follow the instructions in our response denying your request or you email us at helpme@roshambo.com.

Your California Privacy Rights

• The right to know what personal information we have collected, used, disclosed, and sold about you, including (i) the specific pieces of personal information we have collected about you; (ii) the categories of personal information we have collected about you; (iii) the categories of sources from which we collect information about you; (iv) the business or commercial purposes for collecting information about you;  and (v) the categories of third parties with whom we share or have shared personal information about you.

• The right to correct inaccuracies in your personal information, taking into account the nature of the personal information  and the purposes of the processing.

• The right to request that we and our service providers delete personal information that we have collected from you.

• The right to opt-out of the selling or sharing of your personal information, which you can exercise by clicking here available on our website or by modifying your privacy preferences (e.g., Global Privacy Control), available through certain internet browsers and extensions, that signal your preference to opt out. Please note that clearing your cookies at any time will remove the signal of your selected privacy preferences. 

You can make a request by emailing a request to helpme@roshambo.com. You may also designate an authorized agent to make a request on your behalf on our website through our contact form. When you exercise these rights and submit a request to us, we will verify your identity by asking you to provide us with additional information such as your email address, order numbers of previous orders of our products and services, or the last four digits of a credit or debit card used to make a purchase. We also may use a third-party verification provider to verify your identity. We will endeavor to honor such requests unless such a request conflicts with certain lawful exemptions under California's consumer privacy law. Please note that we are only required to honor request to know twice in a 12-month period.

The fact that you have elected to exercise these rights will have no adverse effect on the prices and quality of our products or services.

We may decline a Request a Delete, in part of in whole, if we determine that there is a lawful basis for retaining the information, including because the information is necessary to (i) complete a transaction or perform a contract between us; (ii) ensure security; (iii) debug or repair errors; (iv) exercise a legal right; (v) comply with another law or a legal obligation; (vi) conduct research; (vii) enable internal uses that are reasonably aligned with our consumers' reasonable expectations; or (viii) otherwise use the information, internally, in a lawful manner that is compatible with the context in which you provided the information.

In addition to the above, California law requires us to identify, for the 12-month period prior to the date of this Privacy Policy, what information Roshambo has "sold" or "shared" about you. Please be assured that Roshambo does not sell or rent your personally identifying information to third parties. Instead, there are instances where Roshambo has shared Personal Information in order to provide our customers with personalized services or customized offers to improve your shopping experiences through our Services or elsewhere. Depending on the circumstances and the contractual obligations in place, this sharing may be considered a "sale" or "sharing" under California law and you may have the right to request that we stop such sharing as set forth above. This sharing may include:

• identifiers such as a device or browser identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, IP address, online identifier, and other forms of persistent identifiers;

• commercial information, including records of products or services purchased, obtained, or considered, and other purchasing or consuming histories;

• 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 marketing; and

• inferences drawn from any of the information identified above to create a profile about you reflecting your preferences and behavior. 

Roshambo does not use or disclose sensitive personal information, as defined in applicable laws, for any purposes other than those permitted by applicable law.

Opt-Out Preferences Signals: You can opt out of the "sale" of data as defined by CCPA and targeted advertising by visiting our website with Global Privacy Control enabled.

This Privacy Policy describes how we may share your information for marketing purposes, as described above. If you are a California resident, the Shine the Light law permits you to request and obtain from us once per calendar year information about any of your personal information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. To request this information and for any other questions about our privacy practices and compliance with California law, please contact us through the contact form on our website.

State-Specific Requests–Request from Authorized Agents

If you submit a consumer privacy request on behalf of another person permitted under applicable law, you must verify your legal authority to act on behalf of that person, and your identity and the identity of the other person, to our satisfaction before we can fulfill our request.

DATA TRANSFERS

Roshambo is headquartered in the United States and we process and store the information we collect from you, regardless of your location, in the U.S. If you are based outside the U.S., we transfer your personal information to, and process your personal information on, servers located in the U.S., a jurisdiction that may not provide equivalent levels of data protection as your home jurisdiction. By reference to the section headed "Sharing of Personal Information" above, your personal information may also be transferred to, stored and processed in the U.S. or other jurisdictions where the third parties are located or form which the third parties provide us services. Such transfers and processing of your personal information are necessary to provide our Services. By submitting your personal information to us, you understand and consent to the transfer of such information as described above.

DATA SECURITY MEASURES

We are committed to protecting the security of your personal information. Our staff are trained on the importance of privacy and protection of personal information. We intend to limit the number of individuals within Roshambo with access to personal information to those directly involved in the process of providing Services to you. Security arrangements will also be reviewed regularly to ensure that personal information is protected against loss an unauthorized or accidental access, use, disclosure, modification and erasure.

THIRD PARTY WEBSITES

Our websites may contain links to other websites which are operated by third parties.

We are not responsible for the privacy practices of these third-party websites. We have no control over the content of the linked websites or how they deal with your personal information. You should review the privacy policy for such third-party websites to understand how your personal information may be used by them.

NOTICE OF FINANCIAL INCENTIVE

In connection with offers, promotions, and rewards programs, we may offer financial incentives and/or price or service differences ("Incentives") to participants in exchange for our use of your personal information.

To offer these Incentives, we must track the personal information you provide when you sign up or engage in activities in connection with our offers, promotions, and rewards programs, such as your email address, phone number, birthday, product preferences, referral activity, purchase history, and engagement with Roshambo ("Participant Data").

The value of Participant Data is determined based on the revenue generated from activities related to the collection and use of participants' personal information less expenses related to offering the offers, promotions, or rewards programs. This value will vary by participant depending on distinct factors. The value of Participant Data is reasonably related to the costs associated with offering the Incentives. You can withdraw from or cancel your registration in Roshambo offers, promotions, or rewards programs at any time by contacting us at helpme@roshambo.com.

YOUR CONSENT

By using the internet service provided by us, you consent to your personal information being used in the manner set out above. You further consent to us using your personal information for the purposes as stated and for ancillary purposes.