Privacy Notice

The Type of Information Collected

We and/or our Providers (as defined in the "Disclosure of Information" section below) may collect certain information and/or content from and about you, including the following:

• Identifiers and contact data such as name, e-mail address, postal address, postal code, telephone number (including mobile phone number), and IP address.
• Commercial and transaction information such as products considered or purchased, as well as payment information; this may include things like size or style choices, as well as overall shopping or purchase habits.
• Internet or other electronic network activity information such as identifiers from the devices you use to connect, the type of computer operating system, characteristics about the networks you use when you connect to the Site, referral URLs, information collected via cookies and other technologies as described below, statistics on page views or interactions with activities, browser and web server log information, the date, time, and location of your visit, log files, analytics, and your interactions with the Site and emails and other communications we or our Providers may send to you.
• Geolocation data such as IP address and shipping address.
• Site account login credentials and payment details such as a credit card number.
• Information you submit, provide, or post such as when you contact us, complete surveys, respond to emails, or register with us.
• We collect and develop inferences. Using the other pieces of personal information collected about you, we may draw inferences about you, reflecting what we believe to be your preferences, characteristics, predispositions, and attitudes.

If you submit any personal information relating to other people in connection with the Site, you represent that you have the authority to do so and to permit us to use the information in accordance with this Notice.

How We Collect Information

We use different methods to collect personal information from and about you including through:

• Your interactions with us. For example, when you register for an account with us, contact us, or purchase items via the Site.
• Automated technologies. We may collect personal data via cookies and other tracking technologies on our Site. Please see the "Cookies & Other Technologies" section of this Notice to learn more.
• Third parties. We may collect information from our service providers or partners, including our Providers and social media platforms.
• We combine information. We may combine information we get from another party with information we already have. We may also aggregate your information with other individuals’ information to understand preferences and trends over time.

How We Use Information

The law in certain jurisdictions requires us to have a legal basis for collecting and using your personal information. Where applicable, we rely on one or more of the following legal bases:

• Performance of a contract with you: Where we need to perform the contract we are about to enter into or have entered into with you.
• Legitimate interests: We may use your personal information where it is necessary to conduct our business and pursue our legitimate interests where such legitimate interests are not overridden by your interests or fundamental rights and freedoms.
• To protect vital interest of you or another person: We may use your personal information to prevent harm, help ensure safety, or respond to emergencies where necessary.
• Legal obligation: We may use your personal information where it is necessary for compliance with a legal obligation that we are subject to.
• Consent: We rely on consent where we have obtained your active agreement to use your personal information for a specified purpose, for example, if you subscribe to an email newsletter.

The information we collect may be used to communicate with you, provide and promote the products and services that we offer, and to process and complete your transactions, purchases, returns, and inquiries. The information we collect may also be used to administer the Site and Services, personalize goods and services to you, market to you, test and improve products and services, analyze data we collect, identify and market to other potential customers, and develop new goods and services. This information may also be used to allow you to participate in polls, sweepstakes, promotions, and contests and to administer these activities. This information may be used to establish your account with the Site.

We may also use personal information as may be necessary or appropriate for certain essential purposes, including: to comply with applicable law and legal process; to respond to requests from public and government authorities, including public and government authorities outside your country of residence; to detect, prevent, or investigate potential security incidents or fraud; to facilitate the functionality of our Site; to provide important product safety information and notice of product recalls; to enforce our terms and conditions; to protect our operations or those of our Affiliates; to protect our rights, privacy, safety or property, security and/or that of our Affiliates, you or others; and to allow us to pursue available remedies or limit the damages that we may sustain.

If offered by the Site, you may wish to sign up to receive the Site newsletter, product shipping/tracking updates via email or SMS, or other promotional offers. You can unsubscribe from any such communications at any time by clicking on the “unsubscribe” link in the footer of the email, by contacting us at Privacy@AsEver.com, or by following such other instructions as may be provided to unsubscribe/stop messaging. Please note that if you unsubscribe from our marketing and promotional emails, we may still send you transactional emails. These messages include responses to your questions and updates on your purchases.

For information about how we use cookies and other technologies and your choices associated with those technologies, see the "Cookies & Other Technologies" section of this Notice below.

Cookies & Other Technologies

Our Site uses cookies and other technologies for various reasons, like making it easy to access our services by remembering you when you return; to personalize content and advertising and assist in marketing campaigns; to improve the functionality of the Site; to provide, analyze, understand and enhance the use of our Services; to enforce our terms; to prevent fraud; to improve site performance, monitor visitor traffic and actions on our site; to deliver and tailor marketing or advertising on our site and on third party sites; for measurement of advertising performance; and to understand interactions with our emails, marketing, and online ads on third party sites.

A cookie is a small file of letters and numbers that we store on your device when you browse and use the Site and online services. In addition to cookies, our Site may use other technologies like scripts, plugins, tags, device fingerprints, Local Stored Objects, beacons, and pixels. Like cookies, these other technologies may store small amounts of data on your device. Web beacons (also known as clear gifs or pixel tags) often work in conjunction with cookies.

You can modify your browser settings to control whether your computer or other device accepts or declines cookies. If you choose to decline cookies you may not be able to use certain features of the Site, or certain Site functionality. You can delete cookies from your browser; however, that means that any settings or preferences managed by those cookies will also be deleted and you may need to recreate them. Depending on your mobile device, you may not be able to control tracking technologies through settings. The emails we send may include a web beacon or similar technology that lets us know if you received or opened the email and whether you clicked on any of the links in the email.

For more information about cookies set through our Site, as well as other types of online tracking (including the collection of information by third parties about your online activities over time and across third-party web sites or online services for online interest based advertising), and to exercise choices regarding them, click on the Cookie Preferences link in the footer of any Site page. At this time, we do not respond to web browser "do not track" signals.

Google Analytics. The Site may use Google Analytics, a web analytics service offered by Google. Google Analytics assists us in gathering analytics and statistical data in connection with the Site. Google processes this information on our behalf to analyze the usage of the Site, create reports on the Site activities, and provide other services related to the Site and internet usage for us. If you have any questions or concerns with regard to Google Analytics’ privacy practices, or would like information about the options Google offers to control these practices, you can review their privacy policy at https://policies.google.com/privacy.

Social Partners. If you interact with the Site on social media platforms (e.g., Meta platforms like Facebook or Instagram, TikTok, Twitter, Pinterest, Snap), the Site may collect your public profile information, which includes your username, as well as first and last name. The Site might also collect other information from the Facebook platform specifically; if so, you will be prompted about what specific information will be collected when you connect to the Site for the first time.

Social plugins. The Site may give you the option to share information by email, social or other sharing applications, using the clients and applications on your smart device. Social plugins (including those offered by Facebook, Twitter, Instagram, and Pinterest) allow you to share information on those platforms. Social plugins and social applications are operated by the social network themselves and are subject to their terms of use and privacy policies.

Disclosure of Information

We may disclose your information for certain purposes and to third parties, as described below:

• We may share your information among entities under control of one or more of the persons or entities that owns or controls As ever ("Affiliates" and together with As ever, "As ever Entities"), as well as with owners of As ever Entities and affiliates and joint venture partners of As ever Entities, for or in connection with all purposes described in this Notice.
• We may use other companies, agents, or contractors ("Providers") to perform services on our behalf or to help us to provide the Site, products, or Services to you. For example, we may use Providers to provide infrastructure and IT services (like hosting the Site), or to facilitate commercial transactions. We may share your information with Providers and authorize Providers to use information on our behalf to provide their services. We and our Providers may also disclose and otherwise use information where we or they reasonably believe such disclosure is needed to (A) satisfy any applicable law, regulation, legal process, or governmental request, (B) enforce this Notice, including investigation of potential violations thereof, (C) detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues, or (D) protect against harm to the rights, property or safety of As ever Entities, our content partners, users or the public, as required or permitted by law.
• We may share information with third parties and partners, including, for example, those who co-sponsor a promotion or promote our products. Some of these third parties and partners may send you information about products and services by mail or email. They may share your information with other third parties. We may also share the above categories of personal information with companies that help us with our marketing efforts, including social media platforms, advertising networks, and ad tech companies. For example, we may share email addresses or other contact information with social media platforms so they can serve our advertising to you on their platform. Personal information received by our partners and other parties may also be subject to their privacy policies.
• If all or any part of our business is acquired by a third party, we may include personal information as part of that transaction, which may include some or all categories of your personal information. We may also share your personal information if there is a change to our corporate structure. We may also share your information with third parties as they conduct diligence of our corporate changes.
• If, in the course of sharing information, we transfer personal information to countries outside your region, we will take steps to ensure that the information is transferred in accordance with this Notice and in accordance with the applicable laws on data protection.

International Data Transfers

Personal information we collect from you may be transferred to, processed in, or stored in the United States or another destination outside of the EEA, UK, Canada, or other regions with comprehensive data protection laws. As a result, this information may be subject to access by and disclosure to government and law enforcement agencies in those countries according to their laws. If, in the course of sharing information, we transfer personal information to countries outside your region, we will take steps to ensure that the information is transferred in accordance with this Notice and in accordance with the applicable laws on data protection, including appropriate EU/UK standard contractual clauses. Please contact us if you would like more details about our safeguards for data transfers.

Security Practices

We use administrative, logical, physical and managerial measures to help safeguard your information against loss, theft and unauthorized access, use and modification. Even though we have taken steps to help protect the information in our control, you should know that we cannot fully eliminate security risks associated with personal information. No security measures can provide absolute protection. We cannot ensure or warrant the security of any information you provide to us.

Your Information and Rights

By law, you may have certain rights when it comes to your personal information. The rights you have depend on the jurisdiction in which you are based. Some of these rights apply generally, while others will only apply in certain circumstances. Further information and advice about your rights can be obtained from the data protection regulator in your country. For all rights, we usually act on requests and provide information free of charge, but, where allowed under the law, we may charge a reasonable fee to cover our administrative costs of providing the information for baseless or excessive/repeated requests, or further copies of the same information. Alternatively, we may be entitled to refuse to act on the request in some circumstances. We’ll try to respond as soon as we can. Generally, this will be within one month from when we receive your request but, if the request is going to take longer to deal with, we’ll come back to you and let you know. We may need to request specific information from you to help us verify and confirm your identity.

You may request to exercise the following rights:

• Right to be informed. You have the right to be provided with clear, transparent, and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this Notice.
• Right of access. You can request access to your personal information and check that we are lawfully processing it.
• Right to rectification. You can correct or update out-of-date or inaccurate personal information we hold about you.
• Right to erasure. You can request removal or deletion of your personal information, where there is no compelling reason for us to keep using it.
• Right to restrict processing. You have rights to 'block' or suppress further use of your information. When processing is restricted, we can still store your information, but may not use it further.
• Right to data portability. You have rights to obtain and reuse your personal information for your own purposes across different services.
• Right to object to processing. You can object to certain types of processing, including processing for direct marketing or where we are relying on our legitimate interests.
• Right to lodge a complaint. You have the right to complain to a data protection authority about our collection and use of your personal information.
• Right to withdraw consent. If we have collected and processed your personal information with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

You can request to exercise these rights only where we receive a verified request from you. To make requests, or if you have any other question regarding our privacy practices, please contact us at Privacy@AsEver.com with the subject PRIVACY REQUEST. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Data Retention

We may retain information as required or permitted by applicable laws and regulations, including to honor your choices, for our billing or records purposes and to fulfill the purposes described in this Notice. Specifically, we retain information for our legitimate interests and business purposes, such as operating, maintaining and improving our services; complying with our legal obligations; and exercising our legal rights and remedies, including enforcing our terms of use. Our retention of information is based on many factors such as your relationship with As Ever Enterprises, LLC; the nature of the information; compliance with our legal obligations; defending or resolving actual or anticipated legal claims. We may take reasonable measures to destroy or de-identify personal information in a secure manner when it is no longer required.

Changes to this Notice

From time to time, we may change or update this Notice. We will post an updated copy on the Site and update the "Last Updated" date at the beginning of this Notice. Please check our Site periodically for updates.

Third Party Websites

The Site may contain links to other websites owned and operated by third parties ("Third Party Website(s)"). These links are provided to you as a convenience only and visiting any Third Party Website is at your own risk. We are not responsible for the content on such Third Party Websites, and we make no representations or warranties with respect thereto. Your access and use of any such Third Party Websites is subject to their terms of use and privacy policies.

Contact Us

If you have questions about our collection, use, and disclosure of your personal information or the privacy practices described in this Notice, you may contact us at Privacy@AsEver.com.

Supplemental Privacy Disclosures for US Residents

These disclosures apply to consumers who reside in states that have adopted comprehensive consumer privacy laws that are in effect (collectively "US State Privacy Laws") and supplements this Notice, to the extent applicable. Because of differences in certain state laws, this supplement is broken into two sections, California Consumer Privacy Act (CCPA) Specific Notices, applicable to California residents only, and other State Specific Sections, which may apply to residents of one or more states with consumer privacy laws requiring such information.

California Consumer Privacy Act (CCPA) Specific Privacy Notice

Notice at Collection

At or before the time of collection, the California Consumer Privacy Act ("CCPA") requires businesses to provide a notice of certain practices, including the categories of personal information collected and the purpose for which such information is collected or used (as stated in the "Personal Information We Collect" and "Use of CCPA Personal Information" sections), whether such information is "sold or shared" (as stated in the "Categories of CCPA Personal Information Sold or Shared" section), and the criteria used to determine how long such information is retained (in the "Data Retention" section). We have provided these details throughout this section of the Privacy Notice.

Personal Information We Collect. We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household ("CCPA personal information"). We have collected categories of CCPA personal information noted in the "The Type of Information Collected" section of this Notice within the last twelve (12) months.

Use of CCPA Personal Information. We use categories of CCPA personal information listed above for the purposes noted in the "How We Use Information" section of this Notice.

Categories of CCPA Personal Information Disclosed for a Business Purpose. We disclose the categories of CCPA personal information noted in "The Type of Information Collected" section of this Notice for business purposes, including, for example, the following categories of third parties: Providers, other As ever Entities, an entity engaged in connection with a business transfer, law enforcement, courts, governments and regulatory agencies.

Sources of CCPA Personal Information. We explain our sources of information in the "The Type of Information Collected" section of our Notice.

Sensitive CCPA Personal Information. We may collect Site account login credentials and certain payment details, which may be considered Sensitive Personal Information as defined by the CCPA. We do not use or disclose Sensitive Personal Information for any purpose inconsistent with the CCPA.

Categories of CCPA Personal Information Sold or Shared. We may engage in certain marketing activities (such as behavioral advertising promoting the Site through use of cookies) using identifiers, which may be considered "selling" or "sharing" for purposes of CCPA. If you do not wish for us to sell or share your CCPA personal information, you can learn how to make applicable choices by clicking "Do Not Sell or Share My Personal Information". We do not knowingly sell, share or use the personal information of minors under 16 years of age.

Data Retention. We may retain information as required or permitted by applicable laws and regulations, including to honor your choices, for our billing or records purposes and to fulfill the purposes described in this Notice. Specifically, we retain information for our legitimate interests and business purposes, such as operating, maintaining and improving our services; complying with our legal obligations; and exercising our legal rights and remedies, including enforcing our terms of use. Our retention of information is based on many factors such as your relationship with As Ever Enterprises, LLC; the nature of the information; compliance with our legal obligations; defending or resolving actual or anticipated legal claims. We may take reasonable measures to destroy or de-identify personal information in a secure manner when it is no longer required.

Your California Privacy Rights. California residents have certain rights with respect to your personal information, subject to the exceptions provided under the California law:

• Right to Know/Access. You have the right to request that we disclose: the categories and specific pieces of personal information we have collected about you; the categories of sources from which personal information are collected; our business or commercial purpose for collecting, using, disclosing, selling or sharing personal information; the categories of third parties to whom we disclose, sell, or share personal information; and the categories of personal information we have disclosed, sold, or shared about you for a business or commercial purpose. You also have a right to confirm whether we process your personal information, and to access and receive a copy of the specific personal information we have collected about you.
• Right to Correction. You have a right to request correction of any inaccurate personal information we hold about you.
• Right to Deletion. You have a right to request deletion of your personal information, subject to exceptions under applicable laws.

You can assert these rights only where we receive a verified request from you. To make requests, or if you have a question regarding our privacy practices, please contact Privacy@AsEver.com.

• California Do Not Sell or Share My Personal Information. We may engage in certain marketing activities that may be considered "selling" or "sharing" for purposes of CCPA. If you do not wish for us to sell or share your CCPA personal information, you can learn how to make applicable choices by clicking "Do Not Sell or Share My Personal Information". To opt out of "sale" or "sharing" via cookie-based tracking, click on the "Cookie Preferences" link in the footer of any Site page and turn off all non-essential cookies or broadcast an opt-out preference signal recognized by As ever, such as a Global Privacy Control signal, on browsers or browser extensions that support such a signal. Your selections are specific to the device, website, and browser you are using. Your selections are deleted whenever you clear your cookies or browser's cache.
• Right to Limit the Use of Sensitive Personal Information. As described above, we collect your Site account credentials and payment details, which could be considered types of Sensitive Personal Information as defined by the CCPA. However, we use these types of sensitive personal information only for the purpose of providing the Site; administering and operating our business; and other permitted purposes as described in this Privacy Notice and not for a purpose which would require offering a choice to limit its use under the CCPA.
• Authorized Agents. You have the right to exercise the rights described in this section using an authorized agent acting on your behalf. They can submit a request on your behalf to Privacy@AsEver.com along with a statement, certifying as may be required, that the agent is authorized to act on your behalf. In order to verify the request, we may ask you to verify your identity and your authorization of the agent to make requests on your behalf.
• Right to Non Discrimination. You have a right not to be subject to discriminatory treatment for exercising any of your rights described under this section. We will not discriminate against you based on your exercise of any of your rights.

We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests.

You may file an appeal of our decision refusing your request to exercise your rights under this Section. Requests to change our policies or practices are not grounds for appeal. You may request an appeal of such decision by contacting us at Privacy@AsEver.com.

California Shine the Light. If you reside in California, you also have the right to ask us one time each year if we have disclosed personal information to third parties for their direct marketing purposes. To make a request, please send us an email at Privacy@AsEver.com with the subject CALIFORNIA SHINE THE LIGHT REQUEST. Indicate in your letter that you are a California resident making a "Shine the Light" inquiry.

Personal Information Rights under US State Privacy Laws

This section applies to residents of US States outside of California that have adopted US State Privacy Laws, including Colorado, Connecticut, Delaware, Iowa, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah and Virginia.

Sale and Use of Personal Information for Targeted Advertising Purposes. We may engage in certain marketing activities that may be considered "selling," or "targeted advertising" (as those terms are defined under applicable US State Privacy Laws).

We may "sell" certain categories of personal information in the "The Type of Information Collected" section. We may "sell" these categories of personal information to the categories of third parties described in the "Disclosure of Information" section. Our practices regarding sale or targeted advertising may depend on how you interact with us, the services you use, and the choices you make. If you do not wish for us to sell or use your personal information for targeted advertising purposes, you can learn how to make applicable choices, including how to request to opt-out, by clicking the "Do Not Sell or Share My Personal Information" link in the footer of any Site page. To opt out of "sale" or "targeted advertising" via cookie-based tracking, click on the Cookie Preferences link in the footer of any Site page and turn off all non-essential cookies or broadcast an opt-out preference signal recognized by As ever, such as a Global Privacy Control signal, on browsers or browser extensions that support such a signal. Your selections are specific to the device, website, and browser you are using. Your selections are deleted whenever you clear your cookies or browser’s cache.

Use of De-Identified Information. We may de-identify personal information in a secure manner when we determine it is appropriate as part of our business operations. We take reasonable measures to maintain and use the information in a de-identified manner. We do not make any attempts to re-identify such information, except as permitted under applicable law.

Other Personal Information Rights under Applicable US State Privacy Laws. You may make the following requests in connection with your personal information, subject to the exceptions provided under the applicable US State Privacy Laws:

• You may request to confirm whether or not we process your personal information as well as to access and receive a copy of the specific personal information we have collected about you.
• You may request we delete personal information we maintain about you.
• You may request that we correct any inaccurate personal information we hold about you.
• You may request to opt-out of our "sale" (as that term is defined under the applicable US State Privacy Law) or our use of personal information for "targeted advertising" purposes. You can learn more by clicking the "Do Not Sell or Share My Personal Information" link located in the footer of any Site page.

You can assert these rights only where we receive a verified request from you. We will take reasonable steps to verify your identity prior to responding to requests. Verification steps may vary depending on the sensitivity of the personal information and whether you have an account with us. To make requests, or if you have a question regarding our privacy practices, please contact us at Privacy@AsEver.com with the subject PRIVACY REQUEST.

If you are a consumer in a jurisdiction that recognizes the ability to use an authorized agent and wish to contact us through an authorized agent, the authorized agent can submit a request on your behalf at Privacy@AsEver.com along with a statement signed by you certifying that the agent is authorized to act on your behalf. In order to verify the request and your identity, we may ask you to verify your identity.

If you are in a jurisdiction that recognizes your ability to appeal a decision we have made in connection with your attempt to assert a right under applicable US State Privacy Laws, you may file an appeal of our decision refusing your request to exercise your rights under this Privacy Notice. Requests to change our policies or practices are not grounds for appeal. You may request an appeal of such decision by contacting us at Privacy@AsEver.com. Please provide the state that you are writing from, accompanied with documentation you may have regarding the matter you are appealing. If your jurisdiction allows you to file a complaint with the state’s Attorney General’s Office regarding any concerns with the result of your appeal request, you may do so by using the following links as may be applicable to you. You may submit a complaint to the Attorney General’s Office by selecting the appropriate link:
Virginia ( www.oag.state.va.us/consumer-protection/index.php/file-a-complaint )
Colorado ( coag.gov/file-complaint )
Connecticut ( portal.ct.gov/AG/Common/Complaint-Form-Landing-page ).

Your Nevada privacy rights. If you are a Nevada resident, you can request that we not "sell" your "covered information" (as defined in applicable Nevada law). To make such a request, you may send us an email at Privacy@AsEver.com with the subject NEVADA PRIVACY REQUEST.

Personal Information Rights Under Canadian Law

This section applies to residents of Canada.

Residents of Canada have privacy rights that may vary based on the province/territory in which you live. Under certain circumstances and subject to applicable laws, supported by a written request and proof of identification, you may:

• access the personal information about you that we have collected, used or disclosed,
• ask that such information be corrected, and/or
• withdraw your consent to our disclosure or use of your information. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Our practices regarding use of personal information for the purpose of targeted advertising may depend on how you interact with us, the services you use, and the choices you make. If you do not wish for us to use your personal information for targeted advertising purposes, you can learn how to make applicable choices, including how to request to opt-out, by clicking the "Do Not Sell or Share My Personal Information" link in the footer of any Site page.

As required or permitted by applicable law, you may be entitled to additional rights, including:

• the right to control the dissemination of your personal information;
• the right to receive computerized information collected from you in a structured, commonly used and technological format and to have this information transferred directly to another organization;
• the right to be informed of and submit observations regarding automated decision-making; and
• the right to request further information about personal information processing.

Finally, you also have a right to lodge a complaint with a competent data protection authority, in particular in the region where you normally reside, where we are based or where an alleged infringement of data protection law has taken place.

To exercise any of these rights, please contact us as set forth in the "Contact Us" section above.

Use of De-Identified Information. We may de-identify personal information in a secure manner when we determine it is appropriate as part of our business operations. We take reasonable measures to maintain and use the information in a de-identified manner. We do not make any attempts to re-identify such information, except as permitted under applicable law.