Rothy’s Privacy Policy

Last Revised: September 22, 2017  

CABH Holdings, LLC (“Company”) is committed to protecting your privacy.  We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at https://rothys.com, including use of any of our services through a mobile device, mobile application or otherwise (the “Site”), unless otherwise indicated. In conjunction with this Privacy Policy, you should also review our Terms of Use Agreement https://rothys.com/pages/terms for a more complete understanding of the rules governing our Website, products and services.

  1. Questions; Contacting Company; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address or phone number:

CABH Holdings, LLC dba Rothy’s

Attn: Customer Support

P.O. Box 2837

San Francisco, CA 94126

415-737-6849

  1. User Consent. By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy.
  2. A Note About Children. We do not intentionally gather Personal Data from visitors who are under the age of 13.  If a child under 13 submits Personal Data to Company and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible.  If you believe that we might have any Personal Data from a child under 13, please contact us at 415-737-6849.
  3. A Note to Users Outside of the United States. If you are a non U.S. user of the Site, by visiting the Site and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy.  In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.  By providing your data, you consent to such transfer. 
  4. Types of Data We Collect. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.  “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons.  We collect Personal Data and Anonymous Data, as described below.
    • Information You Provide to Us.
      • We may collect Personal Data from you, such as your first and last name, e-mail and mailing addresses, company name, birthday, shoe size, and password when you create an account to log in to our Website (“Account”) or purchase products from our store.
      • If you create an Account using your login from a third party service, like Facebook or Twitter, we will access and collect the information that your privacy settings on that third party service permits us to access so that we can create your Account for you.
      • If you use our services on your mobile device, we may collect your phone number and the unique device id number.
      • Our Website lets you store preferences like how your content is displayed, your location, and safe search settings. We may associate these choices with your ID, browser or mobile device, and you can edit these preferences at any time.
      • When you order products on our Website, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information. We do not store this information directly on our servers, but this information may be collected by or shared with third parties who will help process and fulfill your purchases.  We may also ask you to provide certain personal information if you are interested in receiving information about upcoming sales, events and other promotions.
      • We retain information on your behalf, such as files and messages that you store using your Account.
      • If you provide us feedback or if you contact us or our customer support team via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
      • When you participate in one of our surveys, we may collect additional profile information.
      • If you participate in a sweepstakes, contest or giveaway on our Website, we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last names, and sometimes post office addresses to verify your identity.  In some situations we may need additional information as a part of the entry process, such as a prize selection choice.  These sweepstakes and contests are voluntary.  We recommend that you read the rules for each sweepstakes and contest that you enter.
      • We may also collect Personal Data at other points in our Website that state that Personal Data is being collected.
    • Information Collected via Technology.
      • Information Collected by Our Servers. To make our Website more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. 
      • Log Files. As is true of most websites, we gather certain information automatically and store it in log files.  This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data.  We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs.  For example, some of the information may be collected so that when you visit the Site or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests.  Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.
      • Cookies. Like many online services, we use cookies to collect information.  “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website.  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site.    This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs. 
      • Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users.  In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages.  Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users.  We may use this information to reduce or eliminate messages sent to a user.  We do not tie the information gathered by Pixel Tags to our users’ Personal Data.
      • How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable Users to opt out of tracking on our Website.
      • Flash LSOs. When we post videos, third parties may use local shared objects, known as “Flash Cookies,” to store your preferences for volume control or to personalize certain video features.  Flash Cookies are different from browser Cookies because of the amount and type of data and how the data is stored.  Cookie management tools provided by your browser will not remove Flash Cookies.  To learn how to manage privacy and storage settings for Flash Cookies, click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
      • Interest-Based Advertising. In addition to using Cookies and related technologies as described above, we may also permit third parties to help us tailor advertising that we think might be of interest to users and to collect and use other data about user activities on our Website (e.g. to allow them to tailor ads on third party services).  Those companies may deliver ads that might also place Cookies and otherwise track user behavior.  If you prefer that we not share information with companies that use tracking technologies to deliver targeted display advertising based on such information, you might be able to opt-out by visiting http://www.aboutads.info/ or http://networkadvertising.org/choices/ , or if you are located in the EU, http://www.youronlinechoices.eu/.
      • Analytics Services and Interest-Based Advertising. In addition to the tracking technologies we place, other companies may set their own cookies or similar tools when you visit our Website.  This includes third party analytics services, including but not limited to Google Analytics (“Analytics Services”), that we engage to help analyze how users use the Site, as well as third parties that deliver content or offers.  We may receive reports based on these parties’ use of these tools on an individual or aggregate basis.  We use the information we get from Analytics Services only to improve our Site and Services.  The information generated by the Cookies or other technologies about your use of our Site and Services (the “Analytics Information”) is transmitted to the Analytics Services.  The Analytics Services use Analytics Information to compile reports on user activity.  The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ Terms of Use and Privacy Policy.  By using our Site and Services, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above.  For a full list of Analytics Services, please contact us at 415-737-6849.
    • Information Collected from You About Others.
      • If you decide to invite a third party to create an Account, we and our third-party service provider will collect your and the third party’s names and e-mail addresses on pages (that state the page is powered by our third party service provider) in order to send an e-mail and follow up with the third party that you invited.  We rely upon you to obtain whatever consents from the third party that may be required by law to allow us and our third party service provider to access and upload the third party’s names and e-mail addresses as required above.  You or the third party whose information we collect may contact us at the phone number listed in Section 1 of this Privacy Policy to request the removal of this information from our database.
      • As part of your use of the Services, we provide you the opportunity to connect automatically with your friends. We employ various techniques in order to facilitate friends finding each other on our service, including offering contact importer tools to facilitate adding to your contacts (such as our third party service providers’ import contacts features, Facebook Friends, and contacts in your address book) so that you can more readily ask your contacts to join and communicate with you through the Services. With your permission, we will access your address book, call log, and/or SMS log, and import your contacts’ names, e-mail addresses, phone numbers, image, geographic location and/or social network IDs (e.g. Facebook user name) to facilitate automatic connection with your friends.  We do this only for contact matching to help your friends and you find each other. Also, when you invite friends to the Services, we will access your address book and we will import your contacts names and phone numbers in order to facilitate the invitation. The e-mail that is sent to your friends will come from your e-mail address so that your friends know that you want to invite them to visit the Website.  We do not store any passwords you provide as part of the contact import process.  We also collect some settings that help us to interpret your data, such as the language and keyboard settings that you have established, and the phone’s carrier, mobile network code and mobile country code.
    • Information Collected from Third Party Companies. We may receive Personal and/or Anonymous Data about you from companies that provide our products by way of a co-branded or private-labeled website, companies that help us provide you the services enabled on our Site or companies that sponsor contests for which we have contributed our products for prizes.  These third party companies may supply us with Personal Data.  We may add this information to the information we have already collected from you via our Website in order to improve the services we provide.
  5. Use of Your Personal Data
    • General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better.  We use your Personal Data in the following ways: 
  • recommend to you products that are available on our Site and in your size;
  • improve the products offered on the Site (e.g. decide whether to offer larger or smaller sizes);
  • share messages with you to acknowledge certain dates that you have provided us (e.g. to acknowledge your birthday);
  • facilitate the creation of and secure your Account on our network;
  • identify you as a user in our system;
  • provide you with a streamlined checkout experience;
  • process and fulfill your orders or contact you concerning the status of an order;
  • provide improved administration of our Website and services;
  • improve the quality of experience when you interact with our Website;
  • send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
  • send you administrative e-mail notifications, such as security or support and maintenance advisories;
  • respond to your inquiries related to employment opportunities or other requests;
  • provide you with targeted offers and advertising, including on the Website, via direct mail, e-mail, or push notifications, and to contact you about upcoming sales, promotions, offers and product information. You may receive these offers in advertising that is directed to you via third party websites and media properties, including in social media; and
  • send purchase confirmation emails, newsletters, surveys, offers, and other promotional materials related to our products and for other marketing purposes of Company.
    •  User Testimonials and Feedback.  We often receive testimonials and comments from customers who have had positive experiences with our products.  We occasionally publish such content.  When we publish this content, we may identify our customers by their first and last name and may also indicate their home city.  We obtain the customer’s consent prior to posting his or her name along with the testimonial.  We may post customer feedback on the Website from time to time.  We will share your feedback with your first name and last initial only.  If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. 
    • Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you.  We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Website navigation.  We reserve the right to use Anonymous Data and aggregated and other de-identified information for any purpose and disclose Anonymous Data to third parties in our sole discretion.
  1. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.
    • Our online store is currently hosted on Shopify, Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you. Your data, including your Personal Data, is stored through Shopify’s data storage, databases and the general Shopify application.  They store your data on a secure server behind a firewall.  For more insight, you may want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) and Privacy Statement (https://www.shopify.com/legal/privacy).
    • We currently participate in Facebook.com’s Custom Audience program, which enables us to display personalized ads to individuals on our email lists when they visit facebook.com. We provide Personal Data to Facebook (e.g. your email address and phone number) to enable Facebook to determine if you are a registered account holder on facebook.com. For more insight, you may want to read Facebook’s page about its Custom Audience program (https://www.facebook.com/business/a/custom-audiences) and Facebook’s Terms and Policies (https://www.facebook.com/policies).
    • Referral Candy. We currently use Anafore Pte. Ltd’s product, Referral Candy (“Referral Candy”) to enable you to refer third parties to our Site, customize our referral program, and to provide other services to us. For more insight, we recommend you visit the Referral Candy website (https://www.referralcandy.com/).
    • Third Parties. We may share your Personal Data with third party service providers to:  provide you with the products and services that we offer you through our Website; conduct quality assurance testing; to facilitate creation of accounts; provide technical support; provide you customer support; understand your behavior on the Site; and/or to provide other services to us.
    • Affiliates. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.  However, certain third party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase related transactions.  For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
    • Media Agencies; Social Media Sites. We may also share your email address with a third party, such as a media agency, to send email and other communications, including interest-based advertising to you on our behalf.  We may also share aggregated or de-identified information about you, including based on your email address, with our advertising and marketing partners, and third party media properties, including social media sites, to allow them to send targeted advertising messages on our behalf.  If you wish to stop receiving promotional communications from these third parties, please contact us at 415-737-6849.
    • Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets.  In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
    • Social Networking Sites. Some of our Services may enable you to post content to social networking sites (“SNSs”) (e.g., Facebook, Instagram, Twitter, and/or Pinterest).  If you choose to do this, we, and our third-party service provider, Referral Candy, will provide information to such SNSs in accordance with your elections.  You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs.  We and our third-party service provider will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.
    • Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Company may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (c) to protect or defend the rights or property of Company or users of the Website or Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.
  2. Third Party Websites. Our Website may contain links to third party websites.  When you click on a link to any other website or location, you will leave our Website and go to another site, and another entity may collect Personal Data or Anonymous Data from you.  We have no control over, do not review, and cannot be responsible for, these outside websites or their content.  Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites.  We encourage you to read the privacy policies of every website you visit.  The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.
  3. Your Choices Regarding Information. You have several choices regarding the use of information on our Website:
    • Email Communications. We will periodically send you free newsletters and e-mails that directly promote the use of our Website or Services.  When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below).  Please note that despite your indicated e-mail preferences, we may still contact you in relation to your order(s) or any issues relating to any  business you conduct with us, including notices of any updates to our Terms of Use or Privacy Policy.
    • If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below.
    • De-Linking SNS. If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook) linked to your Account, then you may de-link the SNS account in the “preferences” section in your account settings.  You may also manage the sharing of certain Personal Data with us when you connect with us through an SNS, such as through Facebook Connect.  Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device.
    • Changing or Deleting Your Personal Data. All users may review, update, correct or delete the Personal Data in their user account (including any imported contacts) by contacting us at the contact information listed in Section 1 of this Privacy Policy. If you completely delete all of your Personal Data, then your user account may become deactivated.  We will use commercially reasonable efforts to honor your request.  We may retain an archived copy of your records as required by law or for legitimate business purposes, including without limitation tailoring advertisements or improving users’ experience on the Website.
  4. Security of Credit Card and Bank Account Information. If you choose a direct payment gateway to complete your purchase, then Shopify will store your credit card data.  It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.  After that is complete, your purchase transaction information is deleted.  All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.  PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

Changes to This Privacy Policy.  This Privacy Policy may be updated from time to time for any reason.  We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here https://rothys.com/pages/legal and we will change the “Last Updated” date above.  You should consult this Privacy Policy regularly for any changes.  If we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Website.  Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Website.  These changes will be effective immediately for new users of our Website.  Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Website, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.