GOAT USA Inc.'s Privacy Policy

Effective Date February 8, 2022

 

This Privacy Policy (“Policy”) applies to GOAT USA INC. (“GOAT USA,” “us” or “we”) customers and visitors to www.goatusa.com website (“Clients”, “consumers”, “customer”, “you”, “your”) and applies to both personal and non-personal information which GOAT USA may collect and use depending on how you choose to interact with our website, www.goatusa.com (the “Website”), GOAT USA’s accounts on social media platforms, and any related applications. You are a valued customer of GOAT USA and we take your privacy very seriously.  This Policy is intended to inform you about the information we may collect from you or that you may provide to us, and our practices for collecting, using, maintaining, protecting, and disclosing that information.  

BY USING OR ACCESSING THE WEBSITE AND/OR OUR SOCIAL MEDIA ACCOUNTS OR RELATED APPLICATIONS IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU ACCEPT THE PRACTICES AND POLICIES OUTLINED IN THIS POLICY, AND YOU HEREBY CONSENT THAT WE MAY COLLECT, USE, AND SHARE YOUR INFORMATION IN THE FOLLOWING WAYS. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT INTERACT WITH, AND NAVIGATE AWAY FROM, THE WEBSITE AND/OR OUR SOCIAL MEDIA ACCOUNTS (OR RELATED APPLICATIONS). IF YOU USE THE WEBSITE AND/OR INTERACT WITH OUR SOCIAL MEDIA ACCOUNTS (OR RELATED APPLICATIONS) ON BEHALF OF ANOTHER INDIVIDUAL OR ENTITY, YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY (OR ARE OTHERWISE AUTHORIZED TO ACT FOR SUCH INDIVIDUAL OR ENTITY) TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.  YOU REPRESENT AND WARRANT THAT THE INFORMATION THAT YOUR ARE SUBMITTING IS ACCURATE. Please also refer to the mandatory Website Terms and Conditions, which are expressly incorporated as if fully recited herein. Unless otherwise defined herein, all terms have the meanings they are assigned in the mandatory Website Terms and Conditions.

NOTICE CONCERNING CALIFORNIA CONSUMER PRIVACY ACT

The California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws provide certain rights for California residents with respect to their privacy, including right to notice, right to access, right to opt out (or right to opt in) of the sale of personal information, if applicable, right to request deletion, and right to equal services and prices.  BECAUSE YOUR PRIVACY IS IMPORTANT TO US AND AS PART OF OUR COMMITMENT TO YOU AS OUR VALUED CLIENT, WE VOLUNTARILY EXTEND THE SAME RIGHTS THAT ARE AVAILABLE UNDER CCPA AND OTHER CALIFORNIA PRIVACY LAWS TO ALL CONSUMERS. Any terms defined in the CCPA have the same meaning when used in this notice.

 

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). The Policy governs personal information collected by GOAT USA for its own purposes and it protects data collected online as well as offline. This Policy explains our practices with regard to the personal information we obtain from consumers.

In particular, we may have collected the following categories of personal information from consumers within the last twelve (12) months:

 

Categories

Examples of Data

Collected?

A. Identifiers.

Your real name, alias, postal address, email address, telephone number, online identifier, user ID, device ID, domain server, type of device/operating system, browser used to access our services, Internet Protocol address, or other similar identifiers.    

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Your real name, postal address, email address, telephone number, and gender. Some personal information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Your age, zip code, and gender.

YES

D. Internet or other similar network or application activity.

Browsing history, information on a consumer's interaction with a website, application, or advertisement, referring webpage/source through which you access our website, non-identifiable request IDs, and statistics associated with the interaction between device or browser and our website.

 

YES

E. Geolocation data.

Approximate location (city and state) of the device from which you access our services, clock-in location, clock-out location.

YES

F. Other Identifying Information That You Voluntarily Chose to Provide

Personal Data in emails, letters or online forms that you send or submit to us.

YES

 

We obtain the categories of personal information listed above from the following categories of sources:

 

  • Directly from our Clients. For example, information that our Clients provide to us related to the goods that they purchase from us.
  • Directly and indirectly from activity on our Website. For example, website usage details are collected automatically.
  • From third-parties that interact with us in connection with the goods we sell.

 

Cookies and similar technologies

Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. We use cookies and similar technologies for storing and honoring your preferences and settings when accessing and interacting with our Websites, enabling you to sign in, combating fraud, analyzing how our products perform, and fulfilling other legitimate purposes. Our Website uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS. We also may use “web beacons” to help deliver cookies and gather usage and performance data. Our Websites may include web beacons, cookies, or similar technologies from third-party service providers.

 

You have a variety of tools to control the data collected by cookies, web beacons, and similar technologies. For example, you can use controls in your internet browser to limit how the websites you visit are able to use cookies and to withdraw your consent by clearing or blocking cookies.

 

Visitors Under the Age of 13

We do not knowingly collect any personal information from visitors or users of our Website, Social Media Accounts (or related applications), and/or who are under the age of 13. If you are under 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Policy by instructing their children to never provide personal information through the Internet without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Use of Personal Information

GOAT USA processes personal information pertaining to consumers as needed to provide to the consumers the goods that they wish to purchase and information about the same; promote sporting events, athletes, sporting organizations, associations and groups; conduct contests, games of skill and games of chance; as required by applicable law and for the following additional business purposes:

 

  • To host, store and otherwise process information needed for business continuity and disaster recovery.
  • To fulfill or meet any other reason for which the information is provided.
  • To provide you with information, products or services that you request from us.
  • To provide you with email alerts and other notices concerning our products or services, or events or news, that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, and to protect GOAT USA, its employees, Clients, and the public against theft, legal liability, fraud, or abuse.
  • To improve our Website and present its contents to you.
  • For testing, research, analysis and development of service offerings.
  • As necessary or appropriate to protect the rights, property or safety of us, our Clients or others, including system and network administration and security, infrastructure monitoring, identity and credential management, verification and authentication, and access control; monitoring and other controls needed to safeguard the security and integrity of transactions and/or recordation of information.
  • To respond to law enforcement requests, subpoenas, including to law enforcement agencies and courts in the United States and other countries where we operate, and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
  • As it specifically regards geolocation data, in order to assess how customers in different jurisdictions interact with our Website and product offerings, improve our products, provide you with information, products or services that you request from us, and to protect GOAT USA, its employees, Clients, and the public against theft, legal liability, fraud, or abuse.

 

Third-Party Sub-Processors

To the extent that we use Third-Party Sub-Processors, they may only process personal information pursuant to a Sub-Processor Agreement. The Sub-Processor Agreement shall impose similar data protection-related Processing terms on the Third-Party Sub-Processor that will be not less protective than those imposed on GOAT USA.   GOAT USA may utilize the services of third-party vendors (“Vendors”) including Klaviyo, Shopify, and Loop Returns.  In such case, GOAT USA will provide such data subject to such vendor’s data protection policy which can be found at https://www.shopify.com/legal/privacy; https://www.loopreturns.com/privacy-policy; klaviyo.com/legal/privacy-policy; loop-returns.com/privacy-policy

 

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

How Long Your Personal Information Will Be Kept

We will keep your personal information while you have an account with us or while we are providing services to you. Thereafter, we will keep your personal information for as long as is necessary:

  • To respond to any questions, complaints or claims made by you or on your behalf;
  • To provide services as contracted for by you;
  • To show that we treated you fairly; or
  • To keep records advisable or required by law.

We will not retain your personal information for longer than necessary for the purposes set out in this Policy. Different retention periods apply for different types of personal information. When it is no longer necessary to retain your personal information, we will delete or anonymize it.

Sharing Personal Information

 

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

 

Text messaging originator opt-in and consent data will not be shared with any third parties without your express written consent.

 

In the preceding twelve (12) months, we have or may have disclosed the following categories of personal information:

  • To Loop Returns, a returns platform by Shopify, for the purposes of processing and effectuating merchandize returns.

           

We may disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers, including vendors, as needed to provide the goods and services that you have requested.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

 

In the preceding twelve (12) months, we have not sold any personal information.

 

International Data Transfers 

GOAT USA will transfer personal information relating to persons located outside of the United States to our vendors and suppliers in the United States and elsewhere in the world, pursuant to applicable data protection laws.

Your Rights and Choices

 

This section describes your privacy rights and explains how to exercise those rights.

 

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. You also have the right to request that we transfer information about you to a third party. Once we receive and confirm your verifiable consumer request, we will disclose to you:

 

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
  • If requested by you, we will provide you with a copy of the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party.

 

Right to Rectification and Right to Restrict Processing of Information

You have the right to request that we update any information about you that is inaccurate or incomplete. Once we receive and confirm your verifiable consumer request, we will update (and direct our service providers to update) your personal information in our records. You also have the right to require us to restrict processing of your personal information in certain circumstances, e.g. if you contest the accuracy of the personal information.

 

Right to Object

In certain circumstances, you have the right to object to the processing of your personal information by us, including if such processing is for direct marketing purposes.

 

Right to Not Be Subject to Decisions Based Solely on Automated Processing

You have the right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.

 

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

 

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you employer requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 ).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

Exercising Your Rights

To exercise the rights described above, please submit a verifiable consumer request to us by either:

  • Calling us at (516) 993-3925
  • Via e-mail to Dylan@goatusa.com.

 

Only you or a person that you authorize to act on your behalf may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

 

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or a legally authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

 

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we may deliver our written response to that account or any other contact information you provide.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. For example, in cases where requests from a consumer are distinctly unsubstantiated or excessive, in particular because of their repetitive character, GOAT USA may either charge a reasonable fee, in GOAT USA’s discretion,  taking into account the administrative costs of providing the information or communication or taking the action requested; or refuse to act on the request altogether.

 

Keeping Your Personal Information Secure

GOAT USA has reasonable technical, physical and administrative security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. These measures offer appropriate reasonable security level, taking into account the state of the technology, the implementation costs and also the nature, the scale, the context and the processing purposes. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. The measures are also intended to prevent unnecessary collection and further processing of personal information. The personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Disclaimer/Limitation of Liability

GOAT USA is not responsible for any errors that are made by you in inputting or submitting data.  PLEASE SECURE YOUR INFORMATION AND DO NOT DISCLOSE YOUR FINANCIAL INFORMATION, PASSWORDS AND ANY SENSITIVE INFORMATION TO ANYONE ELSE.  If you believe that your data was compromised while making a purchase from GOAT USA, please notify us immediately at Dylan@goatusa.com.

Under no circumstances shall GOAT USA be liable to you for lost or corrupted data, for errors in the documentation provided to you, if any, or for the failure of data archiving.  GOAT USA will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party.

 

Non-Discrimination

We will not discriminate against you for exercising any of your privacy rights. In that regard, we will not take the following actions in response to your exercising of your privacy rights, unless permitted by the applicable laws:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

Changes to Our Privacy Policy

We reserve the right to amend this Policy at our discretion and at any time. When we make changes to this Policy, we will notify you by email or through a notice on our Website, Social Media Account (or related application) as may be applicable.  You will also be able to determine the date that our current Policy has become effective, by viewing the Effective Date at the top of this document.

 

Contact Information

If you have any questions or comments about this Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under this Policy, please do not hesitate to contact us at:

 

Phone: (516) 388-2722

Email: Team@goatusa.com

Postal Address: GOAT USA, 135 Dupont St., Plainview, NY, 11803