OOFOS Privacy Policy

Effective Date: 05/03/2024

Oofos, Inc. (“Oofos” “we” or “us”) is a recovery footwear company.  This Oofos Privacy Policy (the “Policy”) describes how Oofos collects, uses, discloses and otherwise processes the personal data described in this Policy, as well as the rights and choices individuals have regarding such personal data.  We take your privacy and the security of your information very seriously, and we encourage you to read this Policy carefully to understand how we collect and handle your personal data and the choices and rights you have regarding your personal data. 

For information about the privacy choices you have regarding your personal data, review Section 7. Your Privacy Choices below. 

 For information about:

This Policy’s scope, review Section 1. Scope.

The personal data that we collect, review Section 2. Personal Data Collected.

 

 Your use of our Services, and any dispute over privacy, is subject to this Policy, our Terms and Conditions, available at https://www.oofos.ca/pages/terms-and-conditions and our Mobile Terms of Service, available at https://www.oofos.ca/pages/mobile-terms-of-service

1. Scope

Except as otherwise noted below, this Policy applies to the personal data we process related to:   

• users of our website oofos.ca (the “Site”) and the services we provide through the Site (collectively, the “Services”).
• current, former and prospective customers and purchasers of Oofos products;
• individuals who are subscribed to receive news, information and marketing communications from us via SMS text;
• individuals who register for or participate in events, contests, sweepstakes, surveys and research sponsored or conducted by Oofos;
• individual vendors, partners and business contacts; and
• individuals who communicate with us or otherwise engage with us related to our Services, including through social media and other third party platforms.

This Policy does not apply to the personal data that we collect and process about our employees and personnel or job applicants and candidates, or information that is exempt under applicable privacy laws.

Additional Notices.  In some cases, additional or supplemental privacy notices (each an “Additional Notice”) may be provided and will apply to certain personal data collected and processed by us.  For example, in order to provide more specific information about our use and disclosure of personal data if you choose to participate in a particular partner promotion.  The Additional Notice will control to the extent there is a conflict with this Policy, with respect to your personal data that is subject to that Additional Notice. 

2. Personal Data Collected

As further described below, we collect personal data directly from individuals, as well as from third parties and automatically (to the extent permitted by applicable law) related to the use of our Services or other interactions with us.

Personal Data Collected Directly.  The personal data we collect from you depends upon how you use our Services or otherwise interact or engage with us and includes:

• Identifiers/contact information. When you register for an account with us, register to receive information, news, and offers from us, or enter our contests, promotions, sweepstakes, or events, we may collect certain personal data, including your name, email address, password, phone number, and communications preferences, as well as other information you choose to submit or store to your account, such as billing and shipping details, other contact information,  birthday, interests or preferences. 
• Purchase Information. When you place an order, make a purchase or initiate a return, we will collect payment information and any other information used to process your order, payment or return. When you register for an account with us, we may collect payment details that you choose to store in your account.  We also maintain records about your past purchases, as well as items that you view or add to your cart.   
• Communications and Correspondence. When you submit an inquiry to our Customer Care Team, or otherwise contact us (by chat, email, mail, phone or otherwise), we collect and maintain a record of your contact details, the communications and information you provide, and our responses.  We also maintain records of communications and information that you post in chat sessions, forums and in other areas of the Services, as well as on our social media channels.
• Photos and Videos. When you enter a contest or sweepstakes, we may collect photos and videos from you in connection with such contest or sweepstakes.   

Personal Data from Third Parties. We may, to the extent permitted by law, collect personal data about you from third party sources, such as public databases, joint marketing partners, social media platforms or other third parties, as described in this section. 

• Social media pages and platforms. If you post information about us or engage with us on third party platforms, we may collect personal data about you from that third party platform or account. The third-party platforms and services control the information they collect and share about you. For information about how they may use and disclose your information, including any information you make public, please consult their respective privacy policies.
• Other sources. We may engage with third parties to enhance or update our customer information and obtain information about prospective customers that may be interested in our Services. For example, we may engage third parties to assist with our direct mailing campaigns, in order to help us better reach existing customers as well as prospective customers who may be interested in Oofos and our Services. 

Personal Data Collected Automatically.  To the extent permitted by applicable law and, where necessary, with your consent, we collect personal data related to your use of our Services and interactions with us and others, including information we collect automatically (e.g., using cookies, pixel tags and other technologies, as well as information we derive about you and your use of the Services). Such information includes:

• Device and browsing information. We use cookies, log files, pixel tags and other tracking technologies to automatically collect information when users access or use our Services, such as IP address, general location information, domain name, page views, a date/time stamp, browser type, device type, device ID, Internet service provider, referring and exiting URLs, operating system, language, clickstream data, and similar device and usage information. For more information, see Section 6. Cookies, Advertising and Tracking, below.
• Activities and usage. We also collect activity information related to your use of the Services, such as information about the links clicked, searches, features used, items viewed, time spent within the Services, products and items you view and items you add to your cart, and your interactions with us and others within the Services.
• Location information. We may collect or derive location information about you, such as through your IP address. 

3. Purposes of Collection and Processing

Generally, we collect, use and otherwise process the categories of personal data described above for the following purposes:

• Services and support. To provide and operate our Services, communicate with you about your use of the Services, provide troubleshooting and technical support, respond to your inquiries, fulfill your orders and requests, process your payments, communicate with you, and for similar service and support purposes. If you participate in or register for contests, sweepstakes, events or other promotions, we use your personal information to administer that event.
• Analytics and improvement. To better understand how users access and use the Services, and our other products and offerings, and for other research and analytical purposes, such as to evaluate and improve our services and business operations, to develop services and features, and for internal quality control and training purposes.
• Customization and personalization. To tailor content we may send or display on the Services, including to offer location customization and personalized help and instructions, and to otherwise personalize your experiences.
• Marketing and advertising. For marketing and advertising purposes.  For example, to send you information about our Services, in accordance with applicable law, such as offers, promotions, newsletters and other marketing content, as well as any other information that you sign up to receive. We also may use certain information we collect to manage and improve our advertising campaigns so that we can better reach people with relevant content.
• Research and surveys. To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
  
• Security and protection of rights. To protect the Services and our business operations; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our Terms and Conditions or this Policy.
• Legal proceedings and obligations. To comply with the law and our legal obligations, to respond to legal process and related to legal proceedings.
• General business and operational support. To consider and implement mergers, acquisitions, reorganizations, bankruptcies, and other business transactions, and related to the administration of our general business, accounting, auditing, compliance, record keeping, and legal functions.

4. Disclosures of Personal Data

We transfer and disclose the categories of personal data we collect in order to provide our Services to you, respond to and fulfill your orders and requests, as otherwise directed or consented to by you, and as follows:

• Vendors and service providers. We may disclose personal data we collect with our service providers, processors and others who perform functions on our behalf in relation to the purposes described above. These may include, for example, IT service providers, help desk, payment processors, analytics providers, consultants, auditors and legal counsel.
• Our affiliates. We may disclose personal data we collect with our affiliates and subsidiaries, who will use and disclose this personal data in accordance with the principles of this Policy.
• Third party platforms and services. We may disclose or make available personal data to third party platforms and providers that we use to provide or make available certain features or portions of the Services, or as necessary to respond to your requests.  We may also share some of your personal data with third parties, which may include third-party marketing partners, who assist with our direct mailing campaigns.  These third parties give us data to help us better market our products and services but may also use your information to facilitate other business’ marketing campaigns. Where you have opted in to receive SMS text messaging from us, SMS opt-in data and your consent will not be shared with third party platforms and providers.
• Marketing, advertising and analytics providers. We may disclose certain information that includes personal data to third-party ad network providers, sponsors and/or traffic measurement services, who may use this data to improve and measure the effectiveness of our ads and those of third parties. For more information, see Section 6. Cookies, Advertising and Tracking, below. We may also engage third party analytics companies to collect information about Site usage in order to help us to understand how users access and use the Services, to improve our Services and other products and offerings, and for other research and analytical purposes. 
• In support of business transfers. If we or our affiliates are or may be acquired by, merged with, or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may disclose the information we have collected from you to the other company for the purposes of the transaction or proceeding. We may also share certain personal data as necessary prior to the completion of such a transfer, such as to lenders, auditors, and third-party advisors, including attorneys and consultants, as part of due diligence or as necessary to plan for the transfer.
• Compliance, governance and legal requirements. We may disclose personal data in order to comply with law, and to respond to legal process and related to legal proceedings. For example, we may disclose information in response to subpoenas, court order, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements. We may also disclose information, including personal data, related to litigation and other legal claims or proceedings in which we are involved, as well as for our internal accounting, auditing, compliance, record keeping, and legal functions. In addition, we may disclose the names of sweepstakes and contests winners, in accordance with applicable law.  
• Security and protection of rights. To protect the Services and our business operations; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our Terms and Conditions and other policies and terms.

Your personal data may be communicated, stored and processed outside of your province or territory of residence, in any country where we have affiliates or facilities or in which we engage service providers, including the United States, which may have data protection rules that are different from those of your place of residence.  Such transfers will only be made in full compliance with all the requirements of applicable privacy laws, and we will ensure that adequate safeguards are in place so that your personal data will receive an adequate degree of protection in the jurisdiction of destination.  Despite those safeguards, governments, courts, or law enforcement or regulatory agencies in those jurisdictions may be able to obtain disclosure of that personal information through local laws, and in these cases, we will comply with applicable local law requirements relating to the disclosure or release of personal information.

5. Aggregate Data

To the extent permitted by applicable law, we may also use aggregate, anonymous, and in some cases de-identified, information related to our business and the Services in order to analyze, improve and develop our business and services, and for similar research and analytics purposes. Where we use, disclose or process de-identified data (data that is no longer reasonably linked or linkable to an identified or identifiable natural person, household, or personal or household device) we will maintain and use the information in de-identified form and not to attempt to re-identify the information, except in order to determine whether our de-identification processes are reasonable and adequate pursuant to applicable privacy laws.

6. Cookies, Advertising and Tracking

We and our third-party service providers use cookies, pixels, java script, log files, and other mechanisms to automatically collect information browsing, activity, device and similar information within our Services. We use this information to, for example, analyze and understand how users access, use and interact with others through our Services, as well to identify and resolve bugs and errors in our Services and to assess secure, protect, optimize and improve the performance of our Services. You have certain choices about our use of cookies within the Services, as described in this section.  For more information on the types of personal data we collect via cookies and similar mechanisms, please see Section 2. Personal Data Collected.

Cookies. Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Services, while others are used to enable a faster log-in process, support the security and performance of the Services, or allow us to track activity and usage data within the Services. For example, we use cookies to help keep track of items you place in your shopping cart, and we use this information to send you cart reminder messages via text message (where you have opted in to receive text messages from OOFOS).

Pixel tags. Pixel tags (sometime called web beacons or clear GIFs) are tiny graphics with a unique identifier, similar in function to cookies. While cookies are stored locally on your device, pixel tags are embedded invisibly within web pages and online content. We may use these, in connection with our Services to, among other things, track the activities of users, help us manage content and compile usage statistics. We may also use these in HTML e-mails we send, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Third-Party analytics and tools. We use third party tools, such as Google Analytics, to evaluate usage of our Services and to help us improve performance and user experiences. These third-party tools may use cookies and other tracking technologies, such as pixel tags, to perform their services. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Advertising and targeting. We work with third parties, such as ad networks, channel partners, mobile ad networks, analytics and measurement services and others (“third-party ad companies”) to personalize content and display advertising on our Site and Services, as well as to manage our advertising on third-party sites, mobile apps and online services. We and these third-party ad companies may use cookies, pixels tags, and other tools to collect activity information within our Services (as well as on third-party sites and services), as well as IP address, location information, device ID, cookie and advertising IDs, and other identifiers; this information is used to provide you more relevant ads and content within our Services and on third-party sites and services, and to evaluate the success of such ads and content. 

Preferences and Privacy Choices. 

• Industry ad choice programs. You can control how participating third-party ad companies use the information that they collect about your visits to our Site and those of third parties, in order to display more relevant targeted advertising to you. You can obtain more information and opt out of receiving targeted ads from participating third-party ad networks at aboutads.info/choices (Digital Advertising Alliance).  You may also download the DAA AppChoices (https://youradchoices.com/appchoices) tool in order to help control interest-based advertising on apps on your mobile device.  
• Targeted advertising/cookie preferences. If our website detects that your browser is transmitting a “global privacy control” (or GPC) signal, we will apply that to opt that browser on your device out of targeting cookies on our website. If you come to our website from a different device or from a different browser on the same device, you will need to apply GPC for that browser and/or device as well.
• Browser settings and controls. If you wish to prevent cookies from tracking your activity on our website or visits across multiple websites, you can set your browser to block certain cookies or notify you when a cookie is set. The Help portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site and Services who disable cookies will be able to browse the Site, but some features may not function. 

7. Your Privacy Choices

You have certain choices regarding our processing of your personal data, as set forth in this section. 

Marketing Communications. You can opt out of receiving marketing emails from us by using the unsubscribe link in the footer of each marketing email we send to you or going to the “Manage Preferences” menu in your account. If you have opted in to receive text messages from OOFOS, you can opt out of receiving marketing text messages from us at any time by replying “STOP”. For more information, please see our Mobile Terms of Service at https://www.oofos.ca/pages/mobile-terms-of-service.

Access, Correction and deletion. You can update much of the personal data we maintain about you, by logging into your account and updating your profile information. You also have the right to obtain information about our handling of your personal data and ‎obtain access to and a copy of your personal data that we hold. You can also request to correct/update or delete your personal information by sending us a request as set forth in the Contact Us section below. We may maintain information about an individual sales transaction in order to service that transaction and for record keeping purposes.  We may require you to provide certain information to verify it is you making the request.

You have the right to withdraw your consent to our continued use or communication of your personal data for the future. We may be ‎unable to offer you ‎certain goods or services if you withdraw your consent. ‎Withdrawing your consent does ‎not create an ‎obligation for us to delete personal data which we ‎are otherwise allowed or ‎required to ‎retain under applicable law.

To submit a request with regards to your personal data or for more information about our privacy practices and your privacy choices, you may contact us as set forth in the ‘Contact Us’ section below.  

To opt out of targeted advertising by us, you can enable a “global privacy control” (or GPC) signal, and we will apply that to opt that browser on your device out of targeting cookies on our website. If you come to our website from a different device or from a different browser on the same device, you will need to apply GPC for that browser and/or device as as well.

Children/Minors

Our Services are not designed for minors and we do not knowingly collect personal data from children under 14. If we discover that a child under 14 has provided us with personal data in violation of applicable law, we will delete such information from our systems.  If you’re a parent and you believe we have collected your child’s information in violation of applicable law, please contact us as set forth below, in Section 12. Contact Us. 

9. Security

We have implemented safeguards that are intended to protect the personal data we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.  There are also certain steps you can take to better protect against unauthorized access to your personal data.  For example, you should choose a strong password that is unique to the Services (and do not reuse passwords across multiple sites and services or share your password with others).  If you believe that your password or account has been compromised, please reset your password through our login page.

 

10. Retention

We retain your personal data for as long as necessary to fulfill the purposes for which it was ‎collected or as otherwise necessary to comply with our legal obligations, resolve disputes, maintain ‎appropriate business records, and enforce our agreements. In general, we will only keep your personal ‎data for a‎ period of up to three years. In certain cases, ‎applicable laws may require us to retain ‎specific records for a set period of time.

  

11. Third Party Links

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work). 

12. Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. Where the changes to our Policy are material, we will make reasonably efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or we will notify you through a pop-up banner on our website’s homepage. If changes to this Policy will result in new or materially different collection, use, or communication of your personal data, we may ask you to confirm your consent to same.

13. Contact Us

We welcome your questions, comments, and concerns about privacy. You may send us any feedback pertaining to privacy or the contents of this Policy by emailing us at info@oofos.ca.