Privacy Policy

NG Labs, Inc. DBA Headsweats

Last Updated: 12-16-2020

General

This Policy is intended to explain how we collect information, what information we collect and how we use it, with whom (if anyone) we share such information, and how you may correct and/or opt out of such collection.

Through your use of products or services provided by Headsweats ("Headsweats" the “Company,” "we," "our," or "us"), or your accessing of our website, www.headsweats.com (the "Site") or otherwise interacting with the Company, you expressly agree to accept the terms and conditions of this Privacy Policy. If you do not agree with any of the practices or conditions set forth in this Privacy Policy, then please do not purchase products or services on the Site or otherwise access any Company Site.

The Company is committed to your security and privacy. We want visiting or shopping on our Site to be enjoyable, informative, convenient, and secure. To that end, we may collect customer information that permits us to administer the Site, enhance your shopping experience, and communicate with you about products, services, and promotions offered by us and select licensors, licensees, agents, retailers, and other business partners (each a "Partner"). This policy applies to the Company's treatment of personally identifiable and other legally protected information collected when you visit the Site, buy products through the Site or over the phone, participate in our sweepstakes, contests, and other marketing promotions, register for any customer community or database, or request to receive emails and other communications from us. The policy does not apply to the practices of our Partners or other companies whose websites may be linked to this Site. The Site is intended for residents of the United States. Residents of other countries who view, use, or access the Site do so at their own risk and should be aware that personal identifying information, including your IP address, will generally be transferred to the United States and processed and stored there consistent with the terms and conditions of this Privacy Policy and the privacy laws of the United States (such information may also be stored elsewhere as provided herein). The Company makes no representation or warranty that this Site complies with the privacy laws or other laws of any country other than the United States and will not be liable for any breach of those laws.

Frequently Asked Questions

FAQ

  1. What personal information do we collect and use and with whom do we share it? How is my personal information used?
  2. What are some additional ways we may share information about you?
  3. How do we use targeted advertisements?
  4. What are cookies and how does the Company use them or similar applications?
  5. How do I review or update my personal information?
  6. How do I opt out or remove my personal information?
  7. What steps does the Company take to keep my personal information secure?
  8. How long does the Company retain my personal information?
  9. Does the Company protect children’s privacy?
  10. How will the Company inform me of changes to this policy?
  11. How does this policy apply to sites linked to the Site?
  12. Will my information be included in aggregate information?
  13. What is your privacy policy for California residents?
  14. Contact us

FAQ ANSWERS

  1. What personal information do we collect and use and with whom do we share it? How is my personal information used?

    • Category of Personal Information Collected

      Identifying information such as your name, mailing address, email address, and phone number.

      Payment information such as your check information and credit card number.

      Information about previous purchases made on the Site or over the phone.

      Technical and computer connection information such as Internet provider (IP) address, referring URL, browser type, operating system, and Internet Service Provider (ISP). We also may maintain a record of your activity on the website, including such information as pages visited, links clicked, non-sensitive text entered, and mouse movements. Such information may, in the aggregate, identify you.

    • Source of Information

      From you, when log into your account at the Site, register with us, participate in one of our online communities or sign up for email updates, sign up for SMS / text messages through a separate affirmative opt-in consent, participate in one of our promotions, or participate in a survey.

      From you, when making a purchase on our Site.

      From you, when you make a purchase from us.

      From you, when you visit the Site. See below for more information on cookies and other technologies used by the Company.

    • Purpose for Collection

      Personal information that is collected may be used to administer the Site, contact you regarding updates to your order, respond to your customer service inquiries, communicate with you about a contest or sweepstakes you have entered, or provide you with marketing information regarding the Site, product updates, special promotions, product information, or other material pertaining to us or our Partners. See below on how to opt-out of receiving marketing messages.

      This information may be used to confirm and process your order.

      Purchase records may be used to tailor our product offerings and marketing promotions to your interests and to make your shopping experience more enjoyable and convenient.

      Information collected regarding your website activity may be used to tailor our product offerings and marketing promotions to your interests and to make your shopping experience more enjoyable and convenient.

    • Categories of Recipients

      The Company does not sell or rent customer email addresses to third parties. However, we may occasionally provide your email address and other personal information to our Partners for marketing and research purposes. In addition, we may provide your email or mailing address and other personal information to our Partners, agents, or other third parties to facilitate sweepstakes and contests, and cobranded or joint product and service promotions.

      We may provide your payment information to our Partners, agents, or other third parties, in order to facilitate order fulfillment and authorization of credit card and check transactions.

      We may occasionally provide this information to our Partners for marketing and research purposes.

      We may provide this information to some third parties to improve and enhance visitors’ use of the Site. We may also share information with third parties that engage in targeted advertising. See below for more information.

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  2. What are some additional ways we may share information about you?

    In the event that a division, assets, or part or all of the Company is bought, sold, or otherwise transferred or is in the process of a potential transaction, customer information likely will be shared for evaluation purposes and included among the transferred business assets.

    The Company also may disclose specific information when such disclosure appears necessary to comply with the law, a subpoena, or other litigation process or to protect the interests or safety of its visitors and customers, employees, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

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  3. How do we use targeted advertisements?

    We may engage third parties to serve ads on our behalf across the Internet and sometimes on the Site, or to collect and analyze information, such as how customers navigate the Site and which products they browse and purchase, so that we may make improvements to and enhance visitors’ use of the Site. They may collect anonymous information about your visits to the Site and your interaction with our products and services. They may also use information about your visits to our Site and other websites to target advertisements for goods and services to you. These targeted advertisements may appear on our site or on other sites that you visit. No personally identifiable information is collected in this process. If you do not want us or our agents to collect this information, you may opt-out. Learn more about this kind of advertising and how you can opt out by clicking here: http://www.networkadvertising.org/choices. Opting-out will not in any way affect your use of our site.

    The Company uses Google Analytics to monitor activity on the Site. To learn how Google Analytics collects and processes data, please visit: “How Google uses data when you use our partners’ sites or apps,” located at policies.google.com/technologies/partner-sites.

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  4. What are cookies and how does the Company use them or similar applications?

    The Site uses a browser feature known as a cookie. A cookie is a small text file created by a website that is stored by your browser on your hard drive. Cookies generally come in two forms: session cookies and persistent cookies. We may use both session and persistent cookies on our Site. A session cookie (which expires at the end of your visit) may be used to gather basic information about your visit to our Site, such as the date and time of your visit, the length of your visit, and the pages/images you viewed during your visit. This information allows us to assess (in aggregate form) how our Site is being used and, in turn, improve its contents and functionality. A persistent cookie (which remains on your computer for a longer period of time) may be used to remember the content you previously viewed on our Site and/or certain personal information you provided when registering during an earlier visit to our Site (e.g., your name, email address). This allows us to (among other things) personally greet you by your name when you come back to our Site and to display content and information that is tailored to you. In addition, a session cookie will save you the time of having to re-register or re-enter information every time you come back to our Site or try to login to access member-only areas. We do not use cookies to collect personal information; however, as explained above, we may use cookies to store - in encrypted form - certain personal information you provided during an earlier visit to our Site.

    You have the choice to refuse cookies by turning them off in your Internet browser. However, if you choose not to accept cookies, you may not be able to purchase from the Site.

    We may also collect and store information in the form of web logs – i.e., files that record general activity on our Site and gather statistics about your browsing patterns on our Site. The information we collect and store in log files may include (among other things): (i) the type of browser and operating system you use; (ii) your computer’s IP Address; and, (iii) other information about your online visit (e.g., URL you came from to get to our Site, date and time of your visit, and which pages you viewed and for how long). Some of this information may be captured by log files in conjunction with the use of cookies. In addition to using log file information to better understand how our Site is used and to improve its functionality, we may use certain log file information (such as your computer’s IP address) together with personal information (if necessary) to troubleshoot technical problems, help ensure the security of our Site, or prohibit or restrict certain users from accessing our Site.

    We may also use web beacons (or clear GIFs) on our Website or include them in an email message we send you. Web beacons (also known as "web bugs") are small strings of code that provide a method of delivering a graphic image on a web page or in an email message for the purpose of transferring data back to us. The information collected via web beacons may include some of the information described in the Log Files section above, as well as information about how a user responds to an email marketing campaign from us (e.g., the time the email is opened, where does the user link to from the email, etc.). We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising and email auditing and reporting, and personalization.

    Do Not Track

    Some web browsers incorporate a Do Not Track (“DNT”) feature that signals to websites that you visit that you do not want to have your online activity tracked. At the present time, there are not yet established and universal standards for recognizable DNT signals and therefore, the Site does not recognize DNT.

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  5. How do I review or update my information?

    If you have a registered customer account with us, you may access your information via the "Your Account" tab on the Site. You may make changes to your personal information, email preferences, or mailing preferences there.

    You make changes to your information in The Company’s newsletter program, or request removal from the newsletter program, by calling 1-877-437-9328. For California residents, see below for more information.

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  6. How do I opt out or remove my information?

    If you prefer not to receive marketing emails and/or mailings from us, and you are a registered user online, you may “opt out” by calling 1-877-437-9328. If you only wish to unsubscribe from emails, click on the “unsubscribe” link at the bottom of the email. You may also contact customer service by calling 1-877-437-9328.

    We maintain a "Do Not Mail" file to ensure we honor your “opt out” requests. Please note that, since mailings are planned in advance, it may take up to eight weeks for your mailing "opt out" to become effective. If you make purchases from our website, you will still receive order and shipping confirmation emails. In addition, customer service may need to contact you by phone, email, or mail with questions related to your order.

    To opt out of text or SMS messages from us, follow the instructions in the text messages you have received and text back “STOP” or “UNSUBSCRIBE” in response to any text message you have received from us.

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  7. What steps does the Company take to keep my information secure?

    The security of your personal information is very important to us. We have implemented industry-standard measures to ensure your information is processed confidentially, accurately, and securely. Our website uses Secure Sockets Layer (SSL) technology to encrypt your order information, such as your name, address, and credit card number, during data transmission. Once you begin the checkout process you will be in secure mode and should see either a solid key icon or a locked padlock icon at the bottom of your Internet browser window. In addition, the beginning of the URL address at the top of your browser should change from "http" to "https" – the "s" standing for secure.

    We restrict access to personal information collected about you at our web site to our employees, our Partners' employees, or others who need to know that information to provide services to you or in the course of conducting our normal business operations. While no web site can guarantee security, we maintain appropriate physical, electronic, and procedural safeguards to protect your personal information collected via the web site. We protect our databases with various physical, technical and procedural measures and we restrict access to your information by unauthorized persons. We also advise all Company employees about their responsibility to protect customer data and we provide them with appropriate guidelines for adhering to our company's business ethics standards and confidentiality policies.

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  8. How long does the Company retain my personal information?

    Personal information that we collect, access or process will be retained only as long as necessary for the fulfilment of the purposes for which it was collected, unless otherwise provided in agreements between you and the Company or as required or authorized by law. Personal information that is no longer required to fulfill the identified purposes will be destroyed, erased or made de-identified.

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  9. Does the Company protect children’s privacy?

    We are especially concerned about the safety and security of children. The Site is intended for use by individuals 18 years of age and older. We will not knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. If we become aware that an individual is under the age of 13 and has submitted any information to the Company for any purpose without prior verifiable parental consent, we will delete his or her information from our files.

    Right to Removal of Posted Information--California Minors

    If you are under 18 years of age, reside in California, and have a registered account with the Company, you have the right to request removal of unwanted information that you publicly post on the Site. To request removal of such information, you can contact us as provided below. Upon receiving such a request, the Company will make sure that the information is not publicly available on the Site, but the information may not be completely or comprehensively removed from our systems and databases.

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  10. What if changes are made to this policy?

    We reserve the right to make changes to this Policy at any time, including in response to changes in applicable law. If we do make changes, the changes will be posted on this page and we will indicate at the top of this Policy when the changes went into effect. Your continued use of the Site or receipt of benefits from the Site after any such notices will signify your agreement with these changes. We encourage you to come back to our Site and review this Privacy Policy frequently so that you are constantly aware of our most current privacy practices.

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  11. How does this policy apply to sites linked with the Company site?

    This privacy policy applies only to our Site. In the event the Site contains hypertext links to websites that are not created or maintained by the Company, or that third-party websites link to this Site (in each instance, a "Linked Site"), we will not be responsible for the content, accuracy, relevance, timeliness, or completeness of those Linked Sites. The inclusion of any link to such websites does not imply endorsement, sponsorship, or recommendation by the Company of the Linked Sites. We disclaim any liability for Linked Sites. We cannot and do not guarantee the standards, data security, or privacy policy of Linked Sites, nor do we represent or warrant that the contents of any Linked Site are accurate, comply with state or federal law, or respect or comply with intellectual property laws. We are not responsible for web casting or any other form of transmission received from any linked website. Any reliance on the contents of a third party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.

    In addition, we maintain a social media presence, such as a Facebook page, an Instagram page and a Twitter feed. You can interact with us through social media, such as by entering our contests, posting content, sharing material from our Site, and using our social media plug-ins. When you interact with us using social media, we may receive information such as your user ID, your profile picture, photos you post, and similar information, which is often determined by your privacy settings at social media sites. We may use the information for the same types of purposes we describe throughout this Privacy Policy. Your use of social media sites is primarily governed by the site operators’ privacy policies and terms of service, and the information you share with us and with others is largely controlled by the privacy settings you have established at those sites.

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  12. Will my information be included in aggregate information?

    Yes. From time to time, we may share your demographic information in anonymous and aggregate form with third party companies for the purpose of assessing overall trends about our consumers and conducting demographic and research studies. This information does not contain any of your personal information and is only shared in a bundled format. The information shared for these purposes may include non-identifiable information captured through the use of cookies or other similar web technologies, as described in Section 4 above.

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  13. California Residents: Your California Privacy Rights

    If you are a California resident, California law provides you with the following rights with respect to your personal information

    • The right to request to know the categories or specific pieces and the sources of personal information we have collected, used, disclosed and sold about you. To submit a request to know, you may call us at 1-877-437-9328 or email us at info@headsweats.com. You also may designate an authorized agent to make a request for access on your behalf on our website at headsweats.com.
    • The right to request that we delete any personal information we have collected about you. To submit a request for deletion, you may call us at 1-877-437-9328 or email us at info@headsweats.com. You also may designate an authorized agent to make a request for deletion on your behalf on our website at headsweats.com.

    When you exercise these rights and submit a request to us, we will verify your identity by asking you to log in to your account if you have one with us. Or if you do not, we may ask for your email address. We may also use a third-party verification provider to verify your identity. We will endeavor to honor such requests unless such a request conflicts with certain lawful exemptions under the California Consumer Privacy Act of 2018. Please note that we are only required to honor such requests twice in a 12-month period.

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

    [As set forth above, California law requires us to identify, for the 12-month period prior to the date of this Privacy Policy, what information the Company has "sold" about you. Please be assured that we do not sell or rent your information to third parties purely for our profit, to data brokers, or in any way other than those intended to improve your online experiences and the relevance of offers made to you through the Websites and elsewhere. Instead, there are instances where we have shared personal information in order to provide our customers with personalized services or customized offers to improve your online experiences through our services or elsewhere. We do this in ways that are intended to extend the customer experience to our customers in a variety of environments. Depending on the circumstances and the contractual obligations in place, this sharing may be a "sale" under applicable law and you may have the right to request that we stop such sharing as more fully set forth below. This sharing includes:

    • identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, Internet Protocol address, email address, account name, and other similar identifiers;
    • commercial information, including records of products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies;
    • Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with the Websites, applications or advertisements; and
    • inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

    We may require proof of California residence before responding to any request made under this section. You may authorize another person (your "agent") to submit a request on your behalf the same way on our website at headsweats.com/about-us/contact-us/ Shortly after you (or your agent) submit a request, we will contact you (via email at the email address provided during submission of your request) with instructions on how to verify the request before we fulfill it. We will verify your identity by asking you to log in to your account if you have one with us. Or if you do not, we may ask for your email address, the order number of a recent order you placed with us or the last four digits of a credit or debit card used on the Site. We will aim to complete your requests as soon as reasonably practicable and consistent with any applicable laws.]

    This Privacy Policy describes how we may share your information for direct marketing purposes. You may contact us with any questions and, to the extent applicable, to request a list of third parties to whom we may disclose information for direct marketing purposes and the categories of information we may have disclosed in the prior calendar year, by writing to us at:

    Headsweats

    Attn: Headsweats / legal

    9500 NW 108th Ave

    Miami, FL 33178

    Such a request may be made once a year and we will provide you this information free of charge.

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  14. Contact Us

    To request a copy of this Privacy Policy in another format or if you have questions or concerns regarding this policy or our data collection practices, please contact us at:

    Email: info@headsweats.com

    Mail:

    in the prior calendar year, by writing to us at:

    Headsweats

    Attn: Headsweats / legal

    9500 NW 108th Ave

    Miami, FL 33178

    Telephone: 1-877-437-9328

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