B.ENCORE Clothing, (“B.ENCORE”, “we”, “us” or “our”) is committed to protecting your (“you” or “your”)  privacy and empowering you with this privacy policy (this “Privacy  Policy”). This Privacy Policy explains how we collect, use, disclose, and apply the information collected when you use or make a purchase from our website (b-encore.com) (the “Site”) or use any of the other services that we may make available to you (collectively,  "Services"). Our Terms of Use (the “Terms”) are expressly incorporated  herein by reference and are an integral part hereof. The Terms can be found here: https://www.b-encore.com/termsofuse

By using the Services, or interacting with us, you are agreeing to this Privacy Policy. If you do not agree with the terms of this Privacy  Policy, do not access or use the Services. Please read the following  carefully to understand how we collect, use, and maintain your personal  information. In addition, it describes your choices for use, access, and correction of your personal information.

1.    Changes to this Notice. We may change this Privacy Policy from time to time. In the event we make changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Policy. If there are significant changes to this  Privacy Policy, we will attempt to notify you directly by email or provide information via our home page prior to changes becoming  effective. We encourage you to review our Privacy Policy whenever you  use the Services to stay informed of ways you can protect your privacy.

2.    Information We Collect and Receive. We  collect information to deliver the products and services you request,  to help improve your shopping experience, and to support our business  functions. We collect information from you in a variety of ways when you  interact with the Services. More information about the categories and  sources of information is provided below. 

    2.1    Information You Provided to Us. We  collect information that you decide to share with us. At times, we may  require you to provide certain information in order to use certain parts  of our Site, fulfill your requests with us, or provide you with certain  services. For instance, we will require you to provide your name,  address, and payment card information when you make a purchase through  our Site. We may require you to provide your name, email address or other contact information when you contact us with a question or  comment. If you establish an account with us, we may require you to  provide your name, an email address, and a password to create your  account.

    2.2    Information We Obtain from Others. We  may also obtain information about you from third parties who help us  provide our Services to you. For example, we may obtain information  about your order or product return from our order fulfillment and  delivery partners. We may also obtain some information from our  marketing partners in order to inform you about products that we think  you might be interested in. Finally, we may obtain information that does  not identify you directly, but which is later used in a way that may  later directly identify you. For example, we may receive warranty recall  information from a manufacturer or distributor related to a product  that you purchased from us. We may combine that general information with  your information to provide related services to you.

    2.3    Information We Automatically Collect. We  automatically collect certain information from you when you use the  Services, including internet or other network activity information (as  described below), unique device identifiers, browsing and search history  (including content you have viewed in the Site), and cookies and other  technologies (as defined in Section 3). Information collected  automatically includes:

    2.3.1    Device information. We collect technical information  when you visit our Site or Services. This includes information such as  Internet Protocol (“IP”) address, your device operating system and browser type, a unique device identifier, the address of referring  websites, the path you take through our Site, and other information  about your session on our Services.

    2.3.2    Usage Information. We collect information regarding your use of the Services.

    2.3.3    Crash and Error Information. If any of the Services  crash or return an error, we may collect data to determine the cause of  the error. The crash or error information collected may include the  following: IP address, device name, operating system version,  application configurations(s), the time and date, and other statistics.

3.    Cookies and Other Technologies. Like many other websites, our Site may use “Cookies” or “Other Technologies”  (such as “pixel tags”, “web beacons”, “clear GIFs”, links in emails,  JavaScript, device IDs assigned by Google or Apple, or similar  technologies) to collect information and support certain features of our  Site. Cookies and Other Technologies allow us and third parties to  obtain information about your visits to our Site, including analyzing  your visiting patterns. Although you are not required to accept cookies  when you visit our Site, you may be unable to use all of the  functionality of our Site if your browser restricts our cookies. We use  this information to process your requests and to deliver online and  mobile advertisements, messages and content for us and others that are  specific to your interests. The information we collect from your web  browser and from Cookies and Other Technologies does not identify you  personally but in some cases, we may link it to personally identifiable  information.

    3.1    Cookies. Below we explain the different types of cookies that may be used on the Site.

3.1.1    Necessary Cookies. Necessary cookies are essential  to enable your use of the Site and to identify and prevent security  risks, such as storing your session information to prevent others from  changing your password without your username and password.

3.1.2    Preference Cookies. We use these cookies to  remember your settings and preferences, and to improve your experience  on our Site. For example, we may use these cookies to remember your  language preferences.

3.1.3    Session Cookies. These types of  cookies are stored only temporarily during a browsing session and are  deleted from your device when you close the browser. We use session  cookies to support the functionality of the Site and to understand your  use of the Site—that is, which pages you visit, which links you use and  how long you stay on each page.

3.1.4    Statistics Cookies. Statistics cookies help collect  information about your use of the Site and enable us to improve the way  it works. These cookies give us aggregated information that we use to  monitor the Site’s performance, count page visits, spot technical  errors, see how users reach the Site, and measure the effectiveness of  marketing (including emails).

3.1.5    Marketing Cookies. Marketing cookies are used to  show users display advertisements across websites. The intention is to  display ads that are relevant and engaging for the individual user and  thereby more valuable for publishers and third-party advertisers. We do  not display ads for any services besides our own. 

3.1.6    Unclassified Cookies. Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.

    3.2    Other Technologies.  In addition to cookies, we may use other similar technologies, like  pixel tags (also known as web beacons and clear GIFs), to, among other  things, track the actions of users of the Services (about usage  including email recipients), measure the success of our marketing  campaigns, and compile statistics of the Services and response rates.

4.    How We Use Your Information. 

    (a)    We may use the information collected for the limited  purpose of providing the Services and related functionality and  services, as described in this Privacy Policy and as permitted by  applicable laws. These limited purposes include circumstances where it  is necessary to provide or fulfill the Services requested by or for you  or where you have given us your express consent. We may use the  information we obtain about you to:

•    provide the information, products and services you request;
•    provide you, if you are a customer, with effective customer service;
•    provide our customers and carriers with shipment information such as location;
•    provide you with a personalized experience when you use our Site;
•     contact you with special offers and other information we believe will  be of interest to you (in accordance with any privacy preferences you  have expressed to us);
•    contact you with information and notices related to your use of our products and services, including our Site;
•     invite you to participate in surveys and provide feedback to us (in  accordance with any privacy preferences you have expressed to us);
•    better understand your needs and interests;
•    improve our products and services and develop new products and services;
•    improve our marketing and promotional efforts;
•    improve the content, functionality and usability of the Site;
•    enforce our Site’s Terms;
•     promote security; to protect against and prevent fraud, claims and  other liabilities; and to manage corporate risk exposure;
•    meet our internal and external audit obligations; and
•    use for any other purpose for which we provide notice at the time of collection.

     (b)    We may aggregate and/or de-identify information collected  through the Site and from other sources so that such information can no  longer be linked to you or your device (“Aggregate/De-Identified  Information”). We may use Aggregate/De-Identified Information for any  purpose, including without limitation for research and marketing  purposes, and we may also share such data with any third parties,  including advertisers, promotional partners, business and channel  partners, sponsors, and/or others.

5.    How We Share and Disclose Information.

    5.1    We Do Not Sell Personal Information. We  do not sell or otherwise disclose personal information we collect about  you, except as described herein or otherwise disclosed to you at the  time the data is collected. We share information to perform activities  that you request. 

    5.2    Service Providers and Business Partners. We  share the categories of personal information listed above with service  providers and business partners to help us perform business operations  and for business purposes. For example, we may share your personal  information with [eCommerce platform],  which powers our online store  and with Google Analytics, which helps us understand how our customers  use our Site. you can read more about how Shopify uses your personal  information here: https://www.[ecommerceplatform]/privacy . You can  learn about Google's practices by going to  http://www.google.com/policies/privacy/partners/, and exercise the  opt-out provided by Google by downloading the Google Analytics opt-out  browser add-on, available here:  https://tools.google.com/dlpage/gaoptout. We will also share your name  and address with product suppliers and delivery companies as necessary  to fulfill your orders with us. We pass on the payment card information  that you provide to use either in store or online with our payment card  processors to fulfill your order. We also disclose information to our database and cloud storage providers that help us maintain our Site and  other systems.


    5.3    Your Consent. We may share information for other purposes pursuant to your consent or with your further direction. 

    5.4    Legal Reasons. We may also  disclose information about you when we, in good faith, believe  disclosure is appropriate to comply with the law, a court order, or a  subpoena. We may also disclose information about you to prevent or  investigate a possible crime, such as fraud or identity theft; to  protect the security of our Site; to enforce or apply our Terms or other  agreements; or to protect our own rights or property or the rights,  property or safety of our users or others. We will attempt to notify  users about legal demands for their personal information when  appropriate in our judgment, unless prohibited by law or court order or  when the request is an emergency. We may dispute such demands when we  believe, in our discretion, that the requests are overbroad, vague or  lack proper authority.

    5.5    Sale, Merger, or Other Business Transfer. We  also reserve the right to transfer information about you to a successor  organization if we transfer the ownership or operation of one of our  websites to another organization or if we merge with another  organization. If such a transfer occurs, we will use reasonable efforts  to direct the transferee to use personal information you have provided  to us in a manner consistent with this policy. Following such a sale or  transfer, you may contact the entity to which we transferred your  personal information with any inquiries concerning the processing of  that information.

6.    Your Choices.

(a)    You may be able to refuse or disable Cookies by adjusting your  browser settings. Because each browser is different, please consult the  instructions provided by your browser. In addition, your choice to  disable cookies is specific to the particular browser or device that you  are using when you disable cookies, so you may need to separately  disable cookies for each type of browser or device. If you choose to  refuse, disable, or delete Cookies, some of the functionality of the  Site may no longer be available to you.  


(b)    You may opt out of behaviorally targeted ads anytime by  clearing your cache of your browser's cookies. Additionally, you may  opt-out of interest-based advertising from some third-party partners by  visiting http://preferences-mgr.truste.com/,  

http://www.youronlinechoices.eu, or the third-party provider’s websites.  Please note that opting-out will only prevent targeted ads so you may  continue to see generic (non-targeted ads) after you opt-out.

(c)    We may also obtain information from third parties and combine  with information we collect through the Site. We protect data obtained  from third parties according to the practices described in this Privacy  Policy, plus any additional restrictions imposed by the other sources of  the data.

(d)    If you have registered for an account you may access, review,  and update certain personal information that you have provided to us by  logging into your account and using available features and  functionalities.

(e)    Some browsers offer a “do not track” (“DNT”) option. Since no  common industry or legal standard for DNT has been adopted by industry  groups, technology companies or regulators, we do not respond to DNT  signals. We will make efforts to continue to monitor developments around  DNT browser technology and the implementation of a standard.

7.    Data Processing and Data Transfers. By  accessing or using the Services or otherwise providing information to  us, you consent to the processing and transfer of information in and to  the U.S. and other countries and territories, which may have different  privacy laws from your country of residence. 

8.    Security. We take security  seriously and has implemented administrative, physical, and  technological measures to protect your information from unauthorized  access, loss, misuse, disclosure, alteration and destruction. If you  wish to report a security concern or if you have a question around  security, please submit your inquiry to us in accordance with the  “Contact Us” section below. 

9.    European Residents.  If you are a  resident of the European Economic Area, you have certain rights  regarding the personal information we maintain about you. We offer you  certain choices about what personal information we collect from you, how  we use that information, and how we communicate with you. If at any  time you wish to exercise your rights, please reach out to us in  accordance with the “Contact Us” section below:

    9.1    Information and Access. You  can request to see which personal information we process from you. We  can inform you on how and why we process this data unless restricted by  law, or if we are unable to verify your identify.

    9.2    Submitting information. You  may refrain from submitting information directly to us, although doing  so may impact our ability to provide the services, and information you  request and/or affect your ability to use the Services.

    9.3    Rectification. You may request to update or correct the personal information we maintain for you.

    9.4    Right to be forgotten/request deletion. You  may request deletion of your personal information. We may ask you for  additional information to verify your identity and will process your  request subject to and in accordance with law.

    9.5    Restriction. You may request the limitation on the processing of your personal information.

    9.6    Restricting cookies. You may  elect not to have a unique cookie identification number assigned to  your computer to avoid aggregation and analysis of data collected on our  websites. Generally, if you do not wish to receive cookies, you may set  your browser to deny cookies or to alert you when a cookie is placed on  your computer.

    9.7    Objection. You may remove your consent for the processing of your personal information.


    9.8    Transferability. You may request to transfer your personal information.

10.    California Residents. 

(a)    If you are a resident of the State of California, you have  certain rights afforded to you under the California Consumer Privacy Act  or the “CCPA”. When we say “Personal Information” in this Section, we  mean information that identifies, relates to, describes, is reasonably  capable of being associated with, or could reasonably be linked,  directly or indirectly, with you. Personal Information does not include  information that is aggregated or information that cannot be reasonably  linked to you.

(b)    We collect Personal Information and Non-Personal Information  for the business and commercial purposes described in the Section above  titled “How We Use Your Information”, and we share Personal Information with the categories of third parties described therein. We do not sell  (as such term is defined in the CCPA) the Personal Information we  collect (and will not sell it without providing a right to opt-out). 

(c)    Subject to certain limitations, the CCPA provides California residents the following rights:

•    Right to Know – You have the right  to request that we disclose to you the Personal Information we collect,  use, or disclose, and information about our data practices;

•    Right to Request Deletion – You have the right to request that we delete your Personal Information that we have collected from you;

•    Right to Opt-Out – You have the right to request that we no longer sell your Personal Information to third parties;


•    Right to Non-Discrimination – We will not discriminate against you for exercising any of these rights.

(d)    California residents may make a request pursuant to their  “right to know”, “right to request deletion”, and/or “right to opt-out”  under the CCPA by contacting us in accordance with the “Contact Us”  section below. In order to verify your request to know or delete  information, we may require you to provide us with certain information  to be used solely for the purpose of verifying your identity.

(e)    Under the CCPA, you may exercise these rights yourself or you  may designate an authorized agent to make these requests on your behalf.  We may request that your authorized agent have written permission from  you to make requests on your behalf and may need to verify your  authorized agent’s identity.

11.    Information Retention. We  will retain information required to comply with privacy requests,  manage active accounts, as required by law, in order to resolve disputes  or enforce our agreements. We will retain personal information we  process on behalf of our clients as directed by them. We may also retain  copies of your information for disaster recovery purposes.

12.    Links to Third Party Websites. We may place  links on the Services, such as social media links and widgets or links  to our partners’ websites. When you click on a link to a third party  website from our Site, your activity and use on the linked website is  governed by that website’s policies, not by those of Saint Perry. We  encourage you to visit their websites and review their privacy and user  policies.

13.    Children’s Privacy. The Services  are directed to individuals at the age of 18 and over. We do not  knowingly collect personal information from individuals under the age of  18 (“Children”). If we become aware of any Children who have provided  us with personal information, we will take steps to deactivate their  account and delete the personal information. If you become aware of  information from Children, which has been provided to us, please contact  us in accordance with the “Contact Us” section below.

14.    Contact Us. If you have any  questions or concerns about our Privacy Policy, please contact us via  email at admin@b-encore.com or by mail using the details  provided below:

Re: Compliance