Privacy Policy

PRIVACY POLICY

Welcome to Democracy Clothing.

Democracy Clothing is a division of Kellwood Apparel LLC (“Kellwood”).  This Kellwood Privacy Policy (the “Policy”) describes how we collect and use personal information about you when you visit the Democracy Clothing website (the “Website”).

By “personal information,” we mean information that directly identifies you, such as your name, address, or email address. In this Policy, “we” and “our” means Kellwood d/b/a Democracy Clothing, and “you” means any person who visits the Website.

If you are accessing the Website in the European Union and the United Kingdom, then you will have additional rights which we explain in this Policy.

You accept the terms of this Policy by using and/or accessing the Website.

This Policy is divided into the following sections:

  • Types of Information We Collect
  • Ways We Collect Information
  • Children Under the Age of 18
  • Cookies and Other Third-Party Tools
  • Ways We Use the Information We Collect
  • Sharing Information
  • Transferring Your Personal Data If You Are Outside the United States
  • Our Legal Bases for Using Your Personal Information
  • Your Rights and Choices Regarding the Use of Your Personal Information
  • Amendments to this Privacy Policy
  • Onward Transfer of Information
  • Security of Information
  • Retention of Your Personal Information
  • Enforcement of this Privacy Policy
  • Intellectual Property
  • Hypertext Links
  • Your California Privacy Rights
  • Contact Us

1. Types of Information We Collect

We collect various types of information including the following:

  • "Personal information": any information that specifically can be associated with, identifies or which relates to a person and/or could be used to identify a person (i.e. name, address, email address, telephone number, payment information). It does not include personal information that is encoded or anonymized, or publicly available information that has not been combined with non-public information. If you are using the Website in the European Union and/or, United Kingdom, it may also include additional data that could identify you or be indirectly be linked to you (i.e. your location, the way you use the Website, certain aggregated data).
  •  Certain information we get from your usage of the Website, as described further in the next section.
  • Preference information, such as your contact and marketing preferences, and merchandise interests;
  • Profile and account information, which may include contact, purchase, and preference information as well as your account password, information about item(s) in your online shopping cart or saved for future purchase, product review information, and other information about your profile or account;
  • Demographic information, which may include age or birthdate, gender, ZIP code, and other information about you;
  • Location information of your device that you use with our Website, if your device settings allow us to collect location information; and
  • Device and browsing information, including information about your phone, tablet, computer, or device, and online browsing activity (collectively, “automatically collected information”). Automatically collected information may include IP addresses, unique device identifiers, cookie identifiers, device and browser settings and information, and Internet service provider information. Automatically collected information also may include information about when and how you access and use our Website, such as the date and time of your visit or use, the websites you visit before coming and after leaving our website, how you navigate and what you search for using our website and mobile application, the website pages and items you view using our website and mobile application, and the items you purchase.

2. Ways We Collect Information

We collect information that you provide us, from third parties, and automatically when you use the Website. We also collect information from cookies and other third party tools. We may also collect information about your location.

Information we get automatically from your use of the Website. Certain information is provided to us automatically from your use of the Website, including:

  • Information about your browser type, language preference, referring site, and the time of each visit.
  • Information about how you use the Website (e.g. how long you use the Website, when you use the Website).
  • Information about your approximate location.
  • Information about you such as your Internet Protocol (IP) addresses, the Uniform Resource Locator (URL) accessed (which may reference the name of a board, card, username, or team), and the unique identification number associated with the account.
  • Information collected from cookies, which is explained further in the following section.

Information you provide to us directly. We may collect the following personal information:

  •  Account information, such as your name, email address, postal address, telephone number and date of birth, if you choose to sign up for or purchase our Website.
  • Transactional and financial information, including payment information, credit card number, expiration date, authentication code, and similar information, if you choose to purchase any paid Website.
  • Information you provide when you communicate with us, such as emailing us.

In each case, we only collect as much information as is necessary or appropriate given the type of interaction. We do not disclose personally identifying information other than as described below. And you can always refuse to supply personally identifying information, with the caveat that it may prevent you from engaging in certain activities or from using the Website.

When we collect your personal information, we'll tell you how we're using it, any types of third parties to which we might disclose it, (other than "agents," such as vendors or contractors, who are only processing such information for us or at our direction), and the choices we offer you to limit the use of your information.

Notice will be provided in clear and conspicuous language when you are first asked to provide us with personal information, or as soon as practicable thereafter, and we will notify you before we use the information for something other than the purpose for which it was originally collected.

3. Children Under the Age of 18

    The Website is not intended for children under 18 years of age. No one under the age of 18 may provide any personal information to or through the Website. We do not knowingly collect personal information from children under 18. If you are under 18, please do not use or provide any information to or through the Website. By using the Website and agreeing to this Policy, you represent and warrant that you are at least 18 years of age.

    4. Cookies and Other Third-Party Tools

      We may also receive information through “cookies” and other third-party technologies. A cookie is a small piece of data that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. We use cookies and other tracking technologies (like Google Analytics) to help us recognize your visit and track visitors' use of and interaction with the Website. We use third-party technologies such as Google Analytics to improve our site and user experience, and have enabled certain features within Google Analytics.

      If you do not wish to have cookies placed on your computer, you should set your browser to refuse cookies, but should be aware that certain features of our Website may not function properly without them. You can also visit the Digital Advertising Alliance and the Network Advertising Initiative pages to opt-out of cookies. To opt-out of third party tracking technologies used on our Website, please do as follows: to opt out of Google Analytics, click here (https://tools.google.com/dlpage/gaoptout).

      5. Ways We Use the Information We Collect

        Among other things, we may use information about you to:

          • Allow you to register for our Website and to administer and process the registration;
          • Communicate with you about our products and services and related issues;
          • Evaluate the quality of our products and services, and to enhance your experience on our Website;
          • Maintain and administer our Website and comply with our legal or internal obligations and policies;
          • Transfer information to others as described in this policy or to satisfy our legal, regulatory, compliance, or auditing requirements, including to disclose information to law enforcement authorities upon validly served legal process or a valid judicial instruction (for example, pursuant to a court order);
          • Charge you any fees and provide you with a receipt or resolve billing issues associated with your account;
          • In the case of accounts created using business email domains, to provide your contact information to an administrator of the business email domain to facilitate the provision of additional products and/or services;
          • To better understand how visitors use the Website and, where possible, to improve their experience.

           6. Sharing Information

          We will not share your personal information with non-agent third parties unless we are required to do so by law, or if we believe in good faith that disclosure is reasonably necessary to protect our property, rights or those of third parties or the public at large. It is possible that we may, on occasion, buy or sell assets from or to other companies. If that should occur, user information is typically one of the assets that gets transferred.

          Similarly, if Kellwood or most of its assets were acquired, or in the unlikely event that we go out of business or enter bankruptcy, user information could be transferred or acquired. You should be aware that such events can occur, and that if they do, the buyer may continue to use your personal and non-personal information, but only as set forth in this policy. Other than in these rare circumstances, Kellwood will not rent or sell potentially personally identifying information to anyone.

          We may from time to time request some of your financial information for the purposes of completing transactions you have initiated through the Website, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

          If you are a registered user of our Website and have supplied your email address, we may occasionally send you an email to tell you about new features, solicit your feedback, or keep you up to date with what's going on with the Website or our products. If we do send you information that you did not expressly request, we will provide you with a way to request that you don't get any similar notices (opt-out, unsubscribe, etc.).

          7. Transferring Your Personal Data If You Are Outside the United States

            If you are outside the United States, any personally identifiable information you enter into the Website will be transferred out of your country and into the United States, and possibly to other countries. By using the Website, you consent to such transfer and are representing that you have the right to transfer such information outside of your country. The laws that apply to the use and protection of personal information in the United States or other countries or jurisdictions in which we transfer or process personal information may be different than the laws and protections in your country. If you are accessing our Website from the European Union and/or the United Kingdom, we will comply with applicable data protection laws anytime that we transfer your personal information outside of the European Economic Area (EEA). Some of the ways we will do so are:

            •  Where the transfer of your personal data is to a country that has officially been deemed to provide an adequate level of protection for personal data by the European Commission.
            • Using the EU Model Clauses, which are specific contracts approved by the European Commission giving personal data the same protection it has in Europe.
            • Transferring data to US-based providers if they are part of the Privacy Shield, which requires similar protection to personal data shared between the Europe and the US.

            8. Our Legal Bases for Using Your Personal Information

              If you are accessing our Website from the European Union and/or the United Kingdom, we must only process your personal information where we have a legal basis to do so. This means that one of the following must apply when we use your personal information:

              • You have consented to the use of your personal information. You may withdraw your consent at any time.
              • We need to use your personal information to perform under our contract with you (i.e. providing our Website to you or processing payment for products).
              • It is in our legitimate interests to use your personal information, for example as follows: in connection with our Website; to ensure that our Website is secure; to tell you about changes to our Website; to improve our Website; to tell you about offers or promotions we are running; for business reasons (for example to develop our business or if we are thinking of selling our business); for operational purposes; to tell you about new services or products we are offering.
              9. Your Rights and Choices Regarding the Use of Your Personal Information

                We provide a number of choices about how you may control the use, collection and storage of your personal information, and want you to be aware of that you have all of the following rights regarding your personal information:

                • To “opt-out” of promotional or marketing emails from us.
                • To have access to any personal information we hold about you.
                • To ask us not to use your personal information for direct-marketing purposes.
                • To ask us to erase the personal information we hold about you.
                • To restrict the way that we process your personal information.
                • To have a copy of any personal information which we hold about you.
                • To have your personal information provided to a third-party provider of services.
                • To object to our processing of your personal information.
                • To complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA and Switzerland are available here.

                You have the ability to correct, update, modify or delete your personal information by updating your information on the Website. Please note that some information may remain in our records even after you request deletion of your information. Additionally, there may be limits to the amount of information we can practically provide. For example, we may limit an individual's access to personal information where the burden or expense of providing access would be disproportionate to the risks to the individual's privacy or where doing so would violate others' rights.

                Please contact us using the details below with any questions or requests in regards to any of the above.

                10. Amendments to this Policy

                  We may amend this Policy from time to time by posting a revised version and updating the date in the Change Log below. In the event that we change this Policy to permit the collection and sharing of information with a non-agent third party, we will first give you the opportunity to explicitly consent (opt-in) to such disclosure or to any use of the information for a purpose other than the one for which it was originally collected or previously authorized.

                  ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF SUCH REVISIONS OR ADDITIONS.

                  11. Onward Transfer of Information

                    Prior to providing agents with any personal information, we will obtain assurances that they will safeguard it in accordance with this policy. In the unlikely event that we should discover that an agent is using personal information in a way that conflicts with this Policy, we will take all reasonable steps to stop it immediately.

                    12. Security of Information

                      All records containing personal or financial information are considered to be our property and are afforded confidential treatment at all times. We work hard to protect against the unauthorized access, use, alteration or destruction of personal or financial information. All such electronic information is stored on restricted database servers, and is generally kept until such time as you may ask us to edit or delete it, as described below. We only disclose such information to our employees, contractors or affiliates that a) need to know that information in order to process it for us or to provide other services, and b) have agreed not to disclose it to others. All interactions with our Website use the Secure Sockets Layer (SSL) protocol and firewall network protection. We use a third-party, industry-accepted Payment Gateway to securely process credit card transactions.

                      Unfortunately, information transmitted through the Internet may not be perfectly secure, and we are unable to guarantee the security of your personal information.  We encourage you to take steps to help protect the confidentiality and security of your account and personal information, including by doing the following: 

                      • Reviewing your account periodically and immediately reporting any unexpected activity or unrecognized information;
                      • Installing the latest security updates and anti-virus software on your computer to help prevent malware and viruses;
                      • Using complex passwords (a minimum of 7 alpha/numeric and cAsE sEnsitive characters);
                      • Not using the same password on more than one website;
                      • Not sharing your password with others;
                      • Password protecting your computer and mobile device; and
                      • Sign out/log off of website sessions so that your session is closed, especially when using a public computer.

                       

                      To protect Kellwood’s customers from fraudulent transactions on the Website, all orders are subject to review and verification. As part of the verification process, an order may be temporarily placed on hold in order to verify credit card billing information, which may include contacting the credit card holder.

                      13. Retention of Your Personal Information

                        We retain personal information as long as your account is active or as required to provide you with the Website.  If you decide to delete your account with us or otherwise opt-out from receiving information from us, we will generally delete your personal information, except in certain circumstances such as retaining certain personal information in anonymized or aggregated form about your use of the Website to analyze and improve the Website. We may also retain your personal information in order to protect our legal rights, or those of third party, or to comply with the law. You can find out further information by contacting us at customerservice@democracyclothing.com or by calling 626-923-1551.

                        14. Enforcement of this Privacy Policy

                          We will conduct internal audits of our compliance with this privacy policy, including an annual self-assessment. We will take all reasonable measures against any employee found to be in violation of this policy.

                          15. Intellectual Property

                            Kellwood, its suppliers, licensors, or the original creators of all materials on the Website own all copyrightable subject matter on the Website and all trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of Kellwood and/or such other parties. No license to or right in any such copyrights, trademarks, patents, proprietary information, technologies, products, processes and other proprietary rights of Kellwood and/or other parties is granted to or conferred upon you. In addition, direct linking, deep linking, framing, page-jacking, meta tagging, and using a robot, spider, or automated device of any kind to monitor or copy the Website is strictly prohibited.

                            Notwithstanding the foregoing, Kellwood hereby authorizes you only to copy the content herein solely for your personal and private use in learning about, evaluating, or acquiring Kellwood products. Except where expressly noted, no other permission is granted to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on the Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Any other use of materials on the Website, including reproduction for purposes other than those expressly permitted herein, modification, distribution, or republication, without prior written permission of Kellwood is strictly prohibited. Any copy made by you as permitted herein must retain all copyright and trademark notices, including any other proprietary notices and/or, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited.

                            16. Hypertext Links

                            In the event this website contains hypertext links to websites that are not created or maintained by Kellwood, this Policy applies only to the Website and not to any of these third party websites. Kellwood is not responsible for the accuracy, relevance, timeliness, or completeness of those third party websites. The inclusion of any link to such websites does not imply endorsement, sponsorship, or recommendation by Kellwood of the third party websites. Kellwood disclaims any liability for links (1) from another website to this Website, and (2) to another website from this Website. Kellwood cannot guarantee the standards of any website to which links are provided on this Website, nor shall Kellwood be held responsible for the contents of those websites, or any subsequent links. For this reason, Kellwood does not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Kellwood does not endorse the contents of these third party websites in any way. Also, Kellwood is not responsible for webcasting 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.

                            17. Your California Privacy Rights

                            California Civil Code Section 1798.83 permits customers who are California residents to request certain information regarding our disclosures of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the following address:

                            By Email: customerservice@democracyclothing.com, Subject “Privacy Policy Question”

                            By Mail:

                            Democracy Clothing
                            ATTN: Legal Department
                            13071 East Temple Ave
                            City of Industry, CA 91746

                            18. Contact Us

                              If you have any questions about this policy or our site in general, please contact us at customerservice@democracyclothing.com or by mail to Kellwood Apparel, LLC, ATTN: Legal Department, 13071 East Temple Ave, City of Industry, CA 91746, or by telephone to 626-923-1551.