Privacy Policy

Last Updated: February 6, 2025

We take your privacy very seriously. This Privacy Policy describes the types of personal information we collect when you visit our website, physical stores, in-store self-service terminals, or otherwise interact with us (collectively, the “Services”), how we disclose and use that information, and explains your choices and legal rights. This Privacy Policy also explains how we use or share your information and your choices regarding such use.

By using our Services, you agree to our collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree, please do not use our Services.

For the purposes of this Privacy Policy, “personal information” means information that identifies, relates to, describes, or is reasonably capable of being associated with, directly or indirectly, you, including “personal data” or similar terms as defined under applicable law.

1. Notice at Collection of Personal Information

We collect the categories of personal information listed below. As indicated in the table, we “sell” or “share” (as defined under U.S. law) some of these categories of personal information to business partners and third parties for marketing and advertising purposes, such as data analytics providers, advertising technology vendors, third-party advertising networks, and social media platforms. All of these third parties have access to [information].

1.1 Categories of Personal Information Collected

We do not knowingly sell or share the personal information of individuals under the age of 18. Please click here to opt out of the sale or sharing of your personal information, including for targeted advertising.

1.2 Business and Commercial Purposes for Which We Collect and Use Your Personal Information:

To personalize your service experience
To process and fulfill your purchases
To send you advertisements and other promotional materials, including advertisements tailored to your interests
To conduct contests or sweepstakes
Customer service
To receive your feedback
To improve our services
Security or fraud prevention
To create, maintain, customize, and protect our services and your account with us.
We may communicate with you through automated means, including responding to your inquiries/requests and soliciting your feedback.
To comply with applicable laws and regulations and respond to legitimate requests for information.
To conduct sales and business transactions where the information we hold is an asset being transferred, or is closely related to the evaluation, negotiation, or completion of the transaction.
To protect our own and others’ rights, privacy, safety, property, and/or rights.
To fulfill any other purpose disclosed to you at the time of collection.

1.3 Retention Period

We will retain your personal information only for as long as reasonably necessary to provide you with the services you have requested and for marketing purposes, unless you opt out in accordance with our privacy policy, or as otherwise permitted or required by applicable law. We also retain personal information in backup systems solely for disaster recovery purposes. Personal information in backup systems will be deleted or overwritten at a later time in accordance with our backup and retention schedule.

2. Types of Information We Collect

We obtain your personal information in the following ways: (A) when you provide information to us; (B) automatically when you use the services; (C) from third parties; and (D) by combining information from different sources.

2.1 Information You Provide. We collect your personal information when you create an account on our services, make a purchase, complete a survey, register to receive our marketing emails, participate in a contest, or review a product. Additionally, if you provide us with information about another person (e.g., for a gift), the personal information you provide may be used to contact that person.

2.2 Information We Collect Automatically. When you visit and interact with our services, we or our third-party advertising and analytics partners and service providers may use various technologies (such. as cookies, tags, or scripts) to collect information about your activity. To learn more about how you can choose whether or not your information is automatically collected and used when you browse our services, please see the “Your Privacy Choices and Rights” section below.

When you access and interact with our services, we and our partners and service providers may automatically collect certain types of information, including:

Device and browser information. This includes your device’s IP address and/or other unique identifiers, browser type, device type, internet service provider, and operating system.
Location information. When you access our services via a mobile device, we collect your device’s approximate location (derived from your device’s IP address or other signals).
Usage information. When you interact with our services, we or our third-party vendors may collect certain information, including the date and time you accessed our services, the pages you viewed immediately before and after accessing our services, the areas or pages of our services you visited, the time you spent viewing or using our services, items you placed in or left in your shopping cart on the website or application, keystrokes, mouse movements, form field entries, chat session transcripts or your use of and input into other AI-powered tools, and other usage of and overall engagement with our services.
Marketing information. If you receive emails from us, we may collect information about your interaction with those emails (for example, whether you opened, forwarded, or clicked through to our website).
Third-party analytics technologies. We may use third-party analytics tools to better understand who is using our services, how users are using our services, and how to improve the effectiveness of our services and any related content.

Cookies and Other Similar Technologies: A “cookie” is a text file placed on your browser by the websites you visit. It is used to distinguish you from other users, improve your browsing efficiency, store your preferences, and enhance website functionality. Cookies are also used to deliver personalized advertising to you.

Third parties may set cookies through the service and combine the information in these cookies with information they have collected from other sources for analytics and/or advertising purposes.

We use Google Analytics and advertising technologies: Our website uses technologies provided by Google to serve ads and generate reports. When you visit our website, we use Google Analytics cookies to collect your personal information for remarketing, impression reporting, and demographic and interest reporting. This information includes identifiers and data about the pages you visit and may be combined with other data related to you collected through Google advertising cookies or other third-party technologies. You can opt out of this technology through the Google Analytics opt-out browser add-on, Google Ads Settings, mobile app ad settings, or the NAI consumer opt-out tool.

2.3 Information We Obtain from Third Parties. We may obtain personal information from other sources. Our third-party sources may include:

Our business partners, including companies that co-sponsor promotions with us.
Our marketing/advertising and analytics partners, including online advertising networks and analytics providers.
Social media platforms. Our services may allow you to connect your social media profile to our services or your account. If you choose to do so, you are allowing that social media site to share certain information with us, such as your email address and name.
Other companies that provide personal information to supplement the information we already know about you, including data aggregators.

2.4 Information Integration. We may integrate personal information received from various sources. For example, we may integrate personal information collected offline with personal information we collect through our services. Similarly, we may integrate personal information received from third parties with personal information we already have about you. We will use, disclose, and protect the integrated personal information in the manner described in this Privacy Policy.

3. How We Disclose Your Personal Information

We share personal information, including identifying information, commercial information, and limited online activity information, with the following third parties:

Advertising partners. To provide you with relevant advertising, we may also provide personal information, aggregated information, or anonymized information (that does not identify you), or both, to advertising partners and social media platforms to provide you with relevant advertising or to limit the ads you see on other websites or applications.
Service Providers. We store personal information with storage providers. We also disclose personal information to vendors to assist with promotional activities, service design, and surveys.
Affiliates and Subsidiaries. So that you can enjoy the benefits of loyalty programs, cashback, or other reward websites you may be using.
Payment Processors. To help process your payments.

In certain circumstances, we may disclose various types of your personal information to:

Competent government, regulatory bodies, and public authorities to fulfill legal or regulatory obligations or requirements.
Relevant third parties as part of a corporate transaction. In the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings), we may disclose or transfer your personal information to certain third parties (e.g., the acquiring entity and its advisors).
Other third parties. We may disclose your personal information to other third parties at your direction or with your consent (but please note that we do not sell your consent to receive text messages to third parties). In addition, we may disclose your personal information when we believe it is necessary or appropriate to: (a) comply with applicable law; (b) enforce our terms and conditions; (c) protect our operations; (d) protect our rights, privacy, safety, or property, or that of others; and (e) allow us to pursue available remedies or limit the damages that we may sustain.

We may disclose your personal information for other reasons, which we will explain at the time of collection or before disclosing your information.

Please note that we may anonymize or aggregate personal information so that it is no longer considered personal information and disclose such information to other parties for purposes consistent with those described in this Privacy Policy.

4. Your Privacy Choices and Rights

You can choose how we use your personal information as follows:

4.1 Opting Out of Interest-Based Advertising. If you reside in the United States, depending on your state, you may have additional options beyond those described below to control our use and disclosure of your information for sales, “sharing,” and interest-based advertising purposes. For detailed information on how to exercise your legal opt-out rights, please see Section 4.5 “Opt-Out Requests” below.

You can also control whether you see interest-based advertising on your mobile device in the following ways:

Your device’s operating system may provide mechanisms that allow you to choose whether to allow information about your use of mobile applications to be used to deliver interest-based advertising to your mobile device. See your device settings for more information.
The DAA provides a tool for opting out of cross-app data collection on mobile devices for interest-based advertising.

You need to opt out separately on all browsers and devices, as each opt-out only applies to the specific browser or device you used to opt out. If you delete or reset cookies or mobile device identifiers, change browsers, or use a different device, any opt-out cookies or tools may become ineffective, and you will need to opt out again.

Even if you choose not to receive interest-based advertising, you may still receive ads, but these ads may be less relevant to you.

Some of our partners may offer you additional choices regarding interest-based advertising. For example, some social media platforms allow you to control your advertising preferences directly through their services. Please review the privacy policies of the third-party services you use for more information.

4.2 Unsubscribing from our marketing and promotional communications.

We may send you marketing and promotional communications from time to time, including special offers from us or our partners. If you no longer wish to receive promotional and marketing emails from us, you can unsubscribe at any time by following the unsubscribe instructions in any promotional or marketing email you receive.

4.3 Privacy Rights and Requests.

Depending on your state of residence in the United States, you may have certain rights regarding your personal information, including:

Right to Know: You have the right to know what personal information we collect about you, including the categories of sources from which personal information is collected, the business or commercial purposes for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, the categories of personal information disclosed to third parties, and the specific pieces of personal information we have collected about you. We may not be required to respond to more than two “right to know” requests or requests for access to specific pieces of personal information within any 12-month period.
You have the right to request a list of the specific third parties with whom we have shared or sold your personal information.
Data Portability Right: You may have the right to access your information in a portable format.
Right to Deletion: You have the right to request that we delete personal information we have collected about you, subject to certain exceptions.
Right to Correction: You have the right to correct inaccurate personal information we may hold about you, subject to appropriate verification.
Right to Opt-Out of Certain Types of Personal Information Use and Disclosure: We use and disclose personal information to third parties for analytics and advertising purposes. Therefore, you have the right to opt out of the “sale” or “sharing” of your personal information, or opt out of the use of your personal information for “targeted advertising” (as these terms are defined under applicable law). Right to Limit the Use or Disclosure of Sensitive Personal Information: You have the right to request that we limit the use or disclosure of your sensitive personal information, subject to certain exceptions.

Please note that, where permitted by applicable law, we may deny your request (except for opt-out requests) if we are unable to verify your identity (or the authorization of the agent making the request) and confirm that the personal information we hold relates to you.

We will not discriminate against you for exercising your privacy rights.

4.4 Agent Requests

Only you or a person legally authorized to act on your behalf may submit requests related to your personal information.

Depending on your state of residence in the United States, you may authorize another person (an authorized agent) to submit privacy rights requests on your behalf. The authorized agent will need to demonstrate that you have authorized them to act on your behalf. HEYDUDE reserves the right to contact you directly to confirm whether the agent is authorized to make such requests, or to request additional information from you to verify the agent’s identity.

4.5 Opt-Out Requests

Submitting an opt-out request does not require you to create an account with us.

4.6 Right to Appeal

Depending on the laws of your state of residence in the United States, you may have the right to appeal a decision we make regarding your privacy rights request. To appeal, please contact us at privacy@heydude.com.

4.7 Financial Incentive Notice

We may offer financial incentives to promote our products and services. You can learn more about currently available financial incentives by visiting our website. These incentives may include:

Discounts, coupons, and special offers for signing up for our email list, participating in marketing promotions or sweepstakes, or creating an account.
Points programs where you can earn points for certain purchases, which can be redeemed for discounts or coupons.

We may request personal information from you in connection with these promotional activities, including the following personal information: name, email address, and phone number. Because these promotional activities involve the collection of personal information, they may be considered “financial incentive” programs under California law, or “bona fide loyalty programs” under Colorado law. We use this information for the purposes described in the “Personal Information Collection Notice” section above, including for targeted advertising. We may share your personal information with third parties in the manner described in the “Personal Information Collection Notice,” including data analytics providers, advertising technology vendors, and social media platforms.

Participation in any financial incentive program is voluntary. To stop receiving coupons or discounts from us via email, you can unsubscribe by clicking the “unsubscribe” button at the bottom of any such email. If you request that we delete your personal information, we will not be able to provide you with access to these programs.

The value of any financial incentive we offer is reasonably related to the value of any personal information you provide to us. When we assess the value of your personal information, we consider, but are not limited to, the following factors: the costs incurred by us in collecting your personal information and/or providing you with the financial incentive, the revenue generated from your use of the financial incentive, and any improvements we can make to our products and services based on aggregated information obtained through the financial incentive program.

Please note that we may provide additional terms for specific financial incentives. If such terms exist, we will present them to you at the time of registration.

5. External Links

Our services may contain links to third-party services whose privacy policies may differ from ours. We are not responsible for the practices of such websites.

6. Children’s Privacy

Our services are intended for general audiences. We do not specifically target our services to individuals under eighteen (18) years of age, nor do we knowingly solicit or collect any personal information from minors.

7. Data Security

We have implemented physical, administrative, and technical security measures to maintain the security, confidentiality, and integrity of your information. However, because information transmission over the internet is not completely secure, we cannot guarantee the absolute security of your information.

8. Revisions to this Privacy Policy

We reserve the right to change, modify, add, delete, or otherwise revise portions of this Privacy Policy at any time at our sole discretion. We will post any changes to our services. Your continued use of our services after the posting of these changes constitutes your acceptance of these changes. If we make significant changes to our privacy policy, we will provide you with appropriate notice. Such notice may be provided through a temporary banner on our website, an email to users whose email addresses we have, or a temporary “updated” label next to the privacy policy link in the website footer.