Terms & Privacy

Privacy Policy

This Privacy Policy has been updated and is effective as of January 4th, 2023.

This “Privacy Policy” describes the privacy practices of Under the Canopy, LLC., and our subsidiaries and affiliates (collectively, “Under the Canopy”, “UTC”, “we”, “us”, or “our”) in connection with the underthecanopy.com website, the Under the Canopy mobile application, any other website or mobile application that we own or control and which posts or links to this Privacy Policy (the “Sites”), our retail stores and related services, and the rights and choices available to individuals with respect to their information.

I. PERSONAL INFORMATION THAT UNDER THE CANOPY COLLECTS

A. Personal information you may provide to us through the Service, Third Parties or otherwise includes:

• 1. Contact Data. Contact information such as your first and last name, email and mailing addresses, phone number, professional title or company name.


• 2. Registration Data. Information that you provide to create an account or sign up for an event/promotion, including but not limited to the day and month of your birth and the event you registered for.


• 3. Data About Others. Information such as name, delivery address and phone number of any individual(s) you purchased an item/gift for. We urge you not to purchase a gift for someone or share their contact information with us unless you have their permission to do so.


• 4. Profile Data. The username and password that you set when creating an online account with us as well as your interests and preferences together with any security questions/answers you provide us with.


• 5. Communications. Information you provide when you contact us, provide feedback, submit survey responses, or otherwise correspond with us in any way and through any platform available.


• 6. Marketing Data. The email address/contact information that we use to send marketing communications and your preferences for receiving such communications about our activities, events, sweepstakes, contests, and promotions.


• 7. Purchase Data. Your order history and all information needed to process and fulfill your order; including order details, billing and delivery address.


• 8. Misc. Information. Information we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.


• 9. Data From Other Sources. We may also collect information about you from: (a)Business Partners, such as advertising and joint marketing partners; (b) Data Providers, such as information services and data licensors; and (c) Public Sources, such as blogs, forums, and social media platforms.


• 10. Information We Obtain From Third Party Platforms. If you login to the Site(s) via a third-party platform, such as Google, Facebook, Instagram, TikTok, or otherwise connect your account with us to a third-party platform or network we may collect information from that platform or network. You may also provide us with additional information via the third-party platform or network, such as a list of your friends or connections and your email address.

II. HOW UNDER THE CANOPY USES YOUR INFORMATION

A. We use your personal information for the following purposes and as otherwise described in this Privacy Policy:

• 1. Service delivery. We may use your personal information to:


• 1.1. Provide, operate and improve the Service, such as to enable you to make purchases of clothing and accessories that we have listed on the Sites;


• 1.2. Establish and maintain your account on the Service;


• 1.3. Communicate with you about the Service, including sending announcements, updates, security alerts, support, and administrative messages;


• 1.4. Provide customer support and maintenance for the Service;


• 1.5. Facilitate your login to the Sites via third party platforms, such as Google and Facebook, Instagram or TikTok; and


• 1.6. Enable security features, such as sending security codes via email or SMS, and remembering devices from which you have previously logged in.


• 2. Direct Marketing. If you are an existing customer of Under the Canopy we may use the Personal Data you provided to send you marketing communications about Under the Canopy products or services, where permitted by applicable law (unless you have opted out). Otherwise, we ask for consent in order to send marketing information. We may use the information that you provide to us, as well as information we have collected to personalize communications and advertisements regarding our products and services that may be of interest to you. For existing users, this may include data collected from your interactions with our website or apps that are associated with your account. You have the option to opt-out of our marketing and promotional communications.


• 3. For Research and Development. Your personal information may be used for research and development purposes, including to analyze and improve our Service and overall business.


• 4. To Create Anonymous Data. Under the Canopy may create aggregated, de-identified or other anonymous data records from your personal information and other individuals whose personal information we collect. We turn personal information into anonymous data by excluding information, such as your name, that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.


• 5. Interest-Based Advertising. Under the Canopy may contract with third-party advertising companies and social media companies to display ads on our Service and other sites. These companies may use cookies and similar technologies to collect information about you (including the device data, online activity data or geolocation data described above) over time across our Service, other sites and services or your interaction with our emails, and use that information to serve ads that they think will interest you, otherwise known as “Interest-Based Advertising”.


• 6. To Comply With Laws and Regulations. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal processes.


• 7. For Compliance, Fraud Prevention and Safety. We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect ours, yours or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) audit our internal processes for compliance with both legal and contractual requirements; (c) enforce the terms and conditions that govern the Service; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity, including but not limited to cyber-attacks and identity theft.


• 8. With Your Consent. In some cases, we may specifically ask for your consent to collect, use, or share your personal information.

III. HOW WE SHARE YOUR PERSONAL INFORMATION

A. We may share your personal information with the following third parties and as otherwise described in this Privacy Policy:

• 1. Affiliates. Our subsidiaries and affiliates, for purposes consistent with this Privacy Policy.


• 2. Service Providers. Companies and individuals that provide services on our behalf or help us operate our Service or Business (such as order fulfillment, shipping, payment processing, customer support, hosting, analytics, email delivery, marketing, database management services, returns processing and risk and fraud mitigation).


• 3. Advertising Partners. Third party advertising companies that collect information about your activity on the Site and other online services to help us advertise our services, or use customer lists that we share with them to deliver ads to them and similar users on their platforms.


• 4. Third Party Platforms. Social media and other third-party platforms that you connect to the Service, such as when you use options to access the Service by logging into a social media platform.


• 4.1. We DO NOT control third party use of your personal information.


• 5. The Public. Other users of the Service and the public when you disclose personal information for public use. For instance, you may be able review a product that you purchased, and we will display your name along with the content you submit. We do not control how other users, or third parties use any personal information that you make available to them. Please be aware that any information you post publicly can be cached, copied, screen captured or stored elsewhere by others before you have a chance to edit or remove it.


• 6. Professional Advisors. Professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services they render to us.


• 7. Authorities and Others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate to comply with the law or for the compliance, fraud prevention and safety purposes described above.


• 8. Business Transferees. We may sell, transfer, or otherwise share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition, dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets, or in the event of an insolvency, bankruptcy, or receivership.

IV. YOUR CHOICES

A. In this section, we describe the rights and choices available to all users.

• 1. Access or Update Your Account Information. If you have created an account with us, you may review and update certain personal information in your account profile by logging into the account.


• 2. Opt Out of Marketing Communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions located at the bottom of the email. You may continue to receive service-related and other non-marketing emails. If you receive marketing text messages from us, you may opt out of receiving further marketing text messages from us by replying STOP to our marketing message. Please be aware that message and data rates may apply.


• 3. Cookies. Most browsers let you remove/stop accepting cookies from the websites you visit. If you wish to do this, follow the instructions in your browser’s settings.


• 4. Advertising Choices. You may opt-out of interest-based advertising.


• 5. Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals.


• 6. Privacy Settings and Location Data. Users of our App can disable our access to their device’s precise geolocation in their mobile device settings.


• 7. Choosing Not To Share Your Personal Information. If you do not provide the information that we need to provide the Service, we may not be able to provide you ith certain features or the Service as a whole. We will inform you of the information you must provide to receive the Service.


• 8. Third-Party Platforms or Social Media Networks. If you choose to create an account through a third-party or connect the Service with another third-party platform, you may have the ability to limit the information that we obtain from the third-party at the time you log in to the Service using the third-party’s authentication service or otherwise connect your account. You may also be able to control your settings through the third-party’s platform after you have connected your accounts.

V. OTHER SITES, MOBILE APPLICATIONS AND SERVICES

• A. The Sites may contain links to other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with any third party.


• B. Our content may be included on web pages or online services that are not associated with us. We do not control third party websites or online services, and we are not responsible for their actions or data collection. Third-Party platforms and other sites may follow different rules regarding data collection, use and sharing of your personal information. We urge you to read the privacy policies of the other websites and online services you use.

VI. SECURITY PRACTICES

A. The security of your personal information is important to us. We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information.

VII. INTERNATIONAL DATA TRANSFERS

A. Under the Canopy is headquartered in the United States and may have service providers in other countries. Your personal information may be transferred to the United States or other locations outside of your state, province, country, or other governmental jurisdiction where privacy laws may not be as protective as those in your jurisdiction.

VIII. CHILDREN

The Service is not intended for use by children under 16 years of age, and we do not knowingly collect information about children under age 16 through the Service. If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian as required by law, we will delete it.

IX. CHANGES TO THIS PRIVACY POLICY

• A. We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Sites. If required by law, we will also provide notification of changes in another way that we believe is reasonably likely to reach you.


• B. Any modifications to this Privacy Policy will be effective upon our posting of the modified version. In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the terms.

X. HOW TO CONTACT US

Please direct any questions or comments about this Policy or privacy practices to hello@underthecanopy.com. You may also write to us via postal mail at:

Under The Canopy
156 5th Ave, 10th Floor
New York, NY, 10010
United States

XI. NOTICE TO CALIFORNIA RESIDENTS

Section effective as of: January 1, 2020

• A. We are required by the California Consumer Privacy Act of 2018 (“CCPA”) to provide to California residents an explanation of how we collect, use, and share their Personal Information, and of the rights and choices we offer to California residents with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”).


• 1. Personal Information We Collect, Use, and Share. We do not sell personal information. We also work with third party advertising and social media companies like Google, Facebook, TikTok, and Instagram that collect your device data and online activity data from individuals who visit our website to help deliver interest-based ads to you.


• 2. Your California Privacy Rights. The CCPA grants California residents the following rights. These rights are not absolute, and in certain cases we may decline your request as permitted by law.


• 2.1 Information. You can request information about how we have collected, used, and shared your Personal Information during the past 12 months by emailing us at hello@underthecanopy.com.

The following information can be requested:

2.2 Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months by emailing us at hello@underthecanopy.com.

2.3 Deletion. You can ask us to delete the Personal Information that we have collected from you by emailing us at hello@underthecanopy.com.

C. You may exercise your California privacy rights described above as follows:.

• 1. Right To Information, Access, and Deletion. You can email us at the email provided directly above to request information, access, or deletion. We reserve the right to confirm your California residence and your identity to process your requests to exercise your information, access, or deletion rights. As a result, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification. Failure to comply with these requirements may result in a delay or rejection of your request.


• 2. Request A List Of Third Party Marketers. California’s “Shine the Light” law (California Civil Code § 1798.83) allows California residents to ask companies with whom they have formed a business relationship with primarily for personal, family or household purposes to provide certain information about the companies’ sharing of personal information with third parties for their direct marketing purposes during the preceding year (if any). You can submit such a request by sending an email to hello@underthecanopy.com with “Shine the Light” in the subject line. The request must include your current name, street address, city, state, and zip code and attest to the fact that you are a California resident.



D. Failure to comply with these requirements may result in a delay or rejection of your request. Please provide sufficient detail so that we may promptly and accurately work on your request

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XII. NOTICE TO EUROPEAN USERS

• A. The information provided in this “Notice to European Users” section applies only to individuals in the European Union, the European Economic Area, or the United Kingdom (collectively, “Europe”).


• 1. Personal Information. Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.


• 2. Controller. The controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation is Under The Canopy 156 5th Ave, 10th Floor, New York, NY, 10010, United States.


• 3. Legal Bases For Processing. The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. We rely on our legitimate interests as our legal basis only where those interests are not overridden by the impact on you (unless we have your consent, or our processing is otherwise required or permitted by law). If you have questions about the legal basis of how we process your personal information, contact us at hello@underthecanopy.com.


• 4. Use For New Purposes. We may use your personal information for reasons not described in this Privacy Policy, where permitted by law and for a related purpose. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.


• 5. Sensitive Personal Information. Unless specifically requested, we ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Service, or otherwise to us.


• 6. Retention. We retain personal information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. When we have no ongoing legitimate business need to process your personal information, we will either delete it or anonymize it or, if this is not possible then we will securely store your personal information and isolate it from any further processing.


• 7. Rights. European data protection laws give you rights regarding your personal information. You may request that we take the following actions in relation to your personal information:


• • Access. Provide you with information about our processing of your personal information and give you access to your personal information.


• • Correct. Update or correct inaccurate personal information.


• • Delete. Delete your personal information.


• • Transfer. Transfer a copy of your personal information to you or a third party of your choice.


• • Restrict. Restrict the processing of your personal information.


• • Object. Object to our legitimate interests as the basis of our processing of your personal information that impacts your rights.




• B. All requests for the information above may be submitted by email to hello@underthecanopy.com or our postal address. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction.





If we transfer your personal information to a country outside of Europe such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so.


XIII. COOKIE POLICY

This Cookie Policy explains how Under the Canopy uses cookies and similar technologies in connection with the Under the Canopy website and any other site that we own or control (collectively, the “Sites”), along with the Under the Canopy mobile application and any other mobile applications that we own or control and which posts or links to this Cookie Policy (collectively, the “Apps”).



• A. Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies serve many purposes, such as helping us understand how a site is being used, letting you navigate between pages efficiently, remembering your preferences, and generally improving your browsing experience.


• We use two broad categories of cookies: (1) first party cookies, served directly by us to your computer or mobile device; and (2) third party cookies, which are served by service providers or business partners on our Sites, and can be used by these parties to recognize your computer or mobile device when it visits other websites. Third party cookies can be used for a variety of purposes, including site analytics, advertising, and social media features.


• B. On the Sites, we use cookies and other tracking technologies in the following categories:


• 1. Advertising. Sites, including but not limited to Facebook, Instagram, and TikTok use cookies to collect information about how you use our site as well as theirs over time.


• 2. Analytics. These cookies are especially helpful in determining how our site is being used as well as its overall performance. These cookies may work with web beacons included in emails we send to track which emails are opened and which links are clicked by recipients.


• 3. Essential. These cookies are necessary for the overall function of our sites. They are required in order to allow you to move freely through our sites.


• 4. Performance. We also use cookies that help us better the performance of our site and overall business.




XIV. MISC. TECHNOLOGIES

• A. Our Sites may also use other technologies, such as Flash technology and pixel tags to collect information automatically.


• B. We may also use web beacons on our Sites and in our HTML formatted emails to track the actions of users on our Sites and interactions with our emails. Unlike cookies, pixel tags are embedded invisibly on webpages or within HTML formatted emails. Pixel tags are used to demonstrate that a webpage was accessed or that certain content was viewed, so that we may track the uses of our sites.


• C. We may use third-party software development kits (“SDKs”) in our Apps. An SDK is third-party computer code that may be used for a variety of purposes, including to provide us with analytics regarding the use of our mobile applications, to integrate with social media, add features or functionality to our Apps, or to facilitate online advertising. SDKs may enable third parties to collect information directly via our Apps.





XV. YOUR CHOICES

• A. We use services provided by Google, Facebook and other companies that use tracking technology. Your options for opting out of these companies’ use of your personal information for interest-based advertising include:


• 1. Blocking Cookies In Your Browser. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings.


• 2. Blocking Advertising ID Use In Your Mobile Settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.


• 3. Using Privacy Plug-ins Or Browsers. You can block our websites from utilizing cookies used for interest-based ads by using a browser with privacy features and configuring them to block third party cookies/trackers.


• 4. Platform Opt-outs. The following advertising partners offer opt-out features that let you opt-out of the use of your personal information for interest-based advertising:


• o Google: https://adssettings.google.com


• o Facebook: https://www.facebook.com/about/ads


• B. If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.





XVI. CHANGES

A. Information regarding the cookies we use may be updated from time to time. Please check back on a regular basis for any changes.

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