WAIR Privacy Policy

In order to provide you with personalized apparel size and fit recommendations, WAIR, a Fit3D, Inc. brand and its affiliates (collectively, “WAIR”) need you to provide us with certain Personal Information about yourself. We take the privacy of this Personal Information very seriously. We provide this Privacy Policy so that you can understand how we collect Personal Information from you, what Personal Information we collect, and how we use the Personal Information you provide.

Last Modified: September 30, 2020 – This Privacy Policy is effective as of the date last modified.

From time to time, we may change this Privacy Policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. Please revisit this Privacy Policy to stay updated on any changes. We will notify our registered users by email (sent to the email address specified in your profile) of any material changes to our use of your Personal Information.

This Privacy Policy applies to Personal Information provided to us about or relating to you, and from which, either alone or when connected with other information to which we may have access, you can be individually identified (“Personal Information”). That Personal Information is described in more detail below.

WAIR Privacy Philosophy

WAIR follows this philosophy in order to protect your privacy:

We do not collect any more Personal Information about you than is necessary;
Unless you agree otherwise, we only use your Personal Information for the purposes we specify in this Privacy Policy;
We do not keep your Personal Information if it is no longer needed; and
Other than as we specify in this Privacy Policy, we do not share your Personal Information with third parties.
This Privacy Policy addresses the following questions:

What is the Personal Information that we collect?

Why do we collect Personal Impersonal Information?
How do we use Personal Information?
With whom do we share Personal Information?
How do we secure Personal Information?
How do we use third-party advertising and analytics services?
How do we respect your choices about your Personal Information?
Whom do I contact if I have questions or concerns?
Additional Terms
1. What is the Personal Information that we collect?
Personal Information provided by you.  We collect Personal Information by asking you questions about yourself. Your WAIR account profile (the “WAIR Profile”) will request Personal Information such as your age, gender, height, weight, body shape, and fit preferences. We may also request your email address, which is not mandatory to use our service (“Service”). You may also provide us with
Personal Information through any website mobile application provided to you by WAIR or controlled by a WAIR retail partner. WAIR Retail Partners are third parties to whom WAIR provides its online size and fit recommendation service (the “WAIR Services”). When accessing the WAIR Fit Advisor through a WAIR retail partner, the Personal Information you provide through the retail partner’s website or mobile application (“Partner Site”) will be subject to the retail partner’s privacy policy; however, the WAIR Privacy Policy will apply to those aspects of your Personal Information that are provided to WAIR in order to perform the WAIR Services and the data contained in your WAIR Profile that may be transmitted back to the retail partner. To be clear, once the data contained in your WAIR Profile is transmitted back to the retail partner, such data will be subject to the retail partner’s privacy policy (which may be different than our privacy policy; please see Section 4, below, regarding third-party privacy policies).
Personal Information automatically collected. While you use the WAIR Service, we automatically record information that your browser sends whenever you visit a website. For example, we may receive: the name of the domain and host from which you access the Internet, the Internet Protocol (IP) address of the computer you are using, the date and time you access our Service, which apparel items you view and/or purchase and/or return, and the Internet address of the website from which you accessed the Service. For clarity, we do not store the IP address of the computer you are using, but we do store the zip code in which the IP address of the computer your are using resides. We use this information to measure the usage of our Service, and to understand how to serve you better. The most common sources of this Personal Information include:
Service Analytics;
Pixel tags or clear graphics interchange format files, known as GIFs; and
Retail Partners, business partners, contractors, shared databases, and other third parties
Date and time of access;
Name and URL of retrieved file;
Website from which the access originated;
UTM parameters from any digital ads you may have clicked prior to arriving on the Retail Partner’s website.
We provide a summary description of each of these circumstances below. Please note that we permit certain service providers to use these technologies on our Services as well. For more information about these service providers and their activities, please see Section 6, below.

Cookies: Cookies are small files that are sent to your computer’s hard drive to tell us who you are when you are using our Service. We use them when you use our Service, including on our Partner Sites so that we can provide you our Service on our Partner Sites. Cookies help us to: (1) associate you with your WAIR Profile and enable you to update and modify your WAIR Profile; (2) speed navigation and provide you with personalized fit recommendations; (3) remember Personal Information you gave so you don’t have to re-enter it; (4) determine the effectiveness of some of our marketing efforts and communications; and (5) count the total number of visitors, pages viewed, and the total number of banners displayed.

Upon your first visit to our website, we offer you the ability to accept or decline cookies that are not essential to the use of the Services (e.g., marketing or analytics cookies). You may also choose to have your browser notify you when cookies are being written to your computer or accessed, or you can disable cookies entirely. If you disable cookies entirely, you will not be able to create a WAIR Profile, and therefore you will not be able to receive the benefit of the WIAR Service. Also, by not using cookies, features within our Service or a Partner Site may not function properly.

Pixel tags or clear GIFs: To help us understand the effectiveness of select communications and marketing efforts, we may use “message format” and “message open” sensing technologies that use pixel tags or clear GIFs (which are also called web beacons). These technologies allow us to know if your e-mail program is able to accept HTML e-mails and, if it is, to: (1) send you e-mails in that format; and (2) determine if you have opened our e-mail messages.

Outside sources: We may collect Personal Information about you from Retail Partners, business partners, contractors, and other third parties. This includes, but is not limited to, instances in which you affirmatively authorize those third parties to provide us with Personal Information. For example, Retail Partners may provide us with Personal Information about items you have purchased from them in the past so that we can provide better fit recommendations for you. This Personal Information is shared with us in accordance with that third party’s privacy policy. If you have any questions or concerns about the information that we may have received about you, please contact us at privacy@getwair.com.

2. Why do we collect Personal Impersonal Information?

We collect your Personal Information to provide you with the WAIR Service and to administer our business. It allows us to provide you with easy access to our products and services, with a particular focus on the items and programs that may be of most interest to you. Your Personal Information also allows us to communicate with you about special offers, promotions, and other marketing programs and news that may be of interest to you.

3. How do we use Personal Information?

WAIR uses your Personal Information to provide you with the WAIR Service through our Partner Sites, to provide you with a superior customer experience, and to administer our business. We use your Personal Information to:

Create and provide recommendations on size, fit, and style of apparel items;
Analyze the fit, style, and fashion of apparel items;
Analyze and enhance the sustainability of our Retail Partners;
Create a WAIR Profile (personal account) you can log into from any device;
Provide you with special offers, promotions, and other marketing programs and news that may be of interest to you;
Answer questions you ask of us regarding the Service or recommendations;
Make communications necessary to notify you regarding security, privacy, and administrative issues;
Validate you are of legal age to use our services;
Test and improve our systems and services; and
Manage our business.
We will only keep your Personal Information for as long as necessary to carry out our services or as long as we are required by law. After this, your Personal Information will be deleted. We may not remove your data when there is a legal storage requirement such as book keeping rules, or when there is a legal ground to keep the data, such as an on-going contractual relationship.

Non-personal data is used as described above and in other ways as permitted by applicable laws, including combining non-personal data with personal data.

4. With whom do we share Personal Information?


WAIR may share a copy of your WAIR Profile, which may include your email address (if provided) with: (i) our Retail Partners, so they can better personalize apparel offerings to you; (ii) service providers, subcontractors, and agents who perform services on our behalf; (iii) manufacturers of products sold on our Partner Sites to provide insights relating to the fit, style, and purchase preferences relating to their products; and (iv) third parties in certain business relationships, such as, but not limited to, co-branded offerings where we may offer a service or feature that is co-branded by WAIR and the third party. If you provide Personal Information in connection with a co-branded service or feature, that Personal Information may be shared between WAIR and the third party. WAIR’s treatment of that Personal Information is governed by this Privacy Policy, but the third party’s treatment of your Personal Information will be subject to the third party’s privacy policy.

In addition, WAIR may share any of your Personal Information with third parties as follows:

Law Enforcement Officials and as Required by Law. WAIR may release any or all of your Personal Information to third parties when we determine, in our reasonable judgment, that it is necessary to (a) comply with the law, regulation, legal process, or enforceable governmental request; (b) enforce or apply the terms of any of our policies or user agreements; or (c) protect the rights, property, or safety of WAIR, our employees, our customers, users, or others.
Sales, Mergers, and Acquisitions. If WAIR becomes involved in a merger, acquisition, or any form of sale of some or all of its business or assets, your Personal Information may be provided to the entities and advisors involved, and your Personal Information may be transferred to a third party in connection with consummation of any such transaction. We will provide notice if your Personal Information becomes subject to a different privacy policy as a result of any such transaction.Finally, WAIR may share aggregated or de-identified information for our business purposes.

5. How do we secure Personal Information; Transfers of Personal Information?

We take commercially reasonable security measures, including physical, technological, and procedural measures, to help to safeguard your Personal Information and to prevent unauthorized access and disclosure. In addition, we use industry-standard technology, such as edge-protection devices and encryption in the transmission of certain sensitive Personal Information, designed to prevent unauthorized persons from gaining access to your Personal Information and WAIR Profile, and, as technology develops, we intend to take additional measures to improve security. No method of transmission over the Internet, or method of electronic storage, however, is 100% secure. Therefore, we cannot guarantee its absolute security.

We operate globally and may transfer your Personal Information and WAIR Profile to individual companies and customers of WAIR as part of the services offered by WAIR to its customer base. Wherever your Personal Information is transferred, stored, or processed by us, we will take reasonable steps to safeguard the privacy of your Personal Information. You acknowledge and agree that your Personal Information may be processed and stored in countries outside of the European Union including, without limitation, the United States.

6. How do we use third-party advertising and analytics services

From time to time, we may work with third-party service providers to help us better understand how you use our Service. These service providers may place cookies on your computer or use other technologies, such as pixel tags and clear gifs, to collect Personal Information. The Personal Information that is collected will tell us things like how you navigated around our Service, and how quickly we helped you to enter registration Personal Information. This Personal Information will help us to better serve you and provide you with more personalized offerings. Additionally, some of our service providers use these technologies on our Service to provide certain behavioral advertising services as well as marketing services via email and display advertising.

We will not grant permission to any of these third-party service providers to collect your credit card information, e-mail address, or password information through this technology. Any third-party service provider will be restricted to use your Personal Information to perform services for us, securely and in confidence. Any such third-party service provider will be restricted from using your Personal Information for any other purpose, except on an aggregate, anonymous basis. With your privacy in mind, we will work toward engaging third-party service providers who enable you to opt-out of their Personal Information collection processes.

The third-party services we use include, but are not limited to, Google ads, Facebook ads, Pinterest ads, LinkedIn Ads, and others.  To learn more about the third-party service privacy policies, please see their specific privacy policies.

7. How do we respect your choices about your Personal Information?

When you interact with our Service in certain ways, you may be eligible to receive certain marketing-related and promotional communications as well as special offers (collectively “Promotional Communications”) from WAIR or third parties with whom WAIR has a business relationship and those communications may include advertisements. The most common of these circumstances may include:

Creating a WAIR Profile
Signing up to receive newsletters or email notices
Entering a sweepstakes or a contest
If, at any time, you wish to no longer receive Promotional Communications from WAIR, you will be able to follow instructions provided with the Promotional Communication or within our Service in connection with Promotional Communications. Even if you opt-out of receiving Promotional Communications, you may continue to receive e-mails relating to your WAIR Profile, Personal Information, and/or other security or business-related communications. Although the primary purpose of these emails is not to provide you with promotional material, they may contain within them some promotional material.

WAIR may provide you with the ability to access, correct, change, or delete the Personal Information in your WAIR Profile at any time. Please be advised that WAIR may periodically archive Personal Information it has collected and there may be times that such archived information cannot be permanently removed from our systems.

8. Whom do I contact if I have questions or concerns?

If you have any questions about this Privacy Policy, please contact us at privacy@getwair.com or call customer service at 650-275-3483. To request to have all your Personal Information deleted, or to request a copy of your Personal Information, please contact us at  privacy@getwair.com.

If you would like to report a Security concern about any of our products, please contact us at security@getwair.com.

9. Additional Terms

Transfers to the United States. Personal Information collected from visitors from outside the United States. If you are interacting with WAIR from outside the United States and provide us with any Personal Information, please note, in order for us to provide the WAIR Service or otherwise communicate with you as set forth in this Privacy Policy, it will be necessary for your Personal Information to be transferred, stored, and processed within the United States. The data protection laws in the United States may not be as comprehensive as those in your country. By doing business or interacting with WAIR, you are consenting to the transfer of your Personal Information to facilities located in the United States and other facility locations selected by WAIR.

Children’s and Minor’s Privacy. The WAIR Service is not designed to attract minors, in particular, children under the age of 16. WAIR does not market to or knowingly collect Personal Information from anyone under the age of 16. Children should always get permission from their parents before sending any Personal Information about themselves (such as their names, email addresses, and phone numbers) to anyone over the Internet.

Do Not Track Signals. Your web browser may let you choose your preference as to whether you want to allow the collection of information about your online activities over time and across different websites or online services. At this time, the Service does not respond to the preferences you may have set in your web browser regarding such collection of your information, although we do provide other opportunities for you to control your information, including, for example, honoring your cookie preferences.Third-Party Websites. Please be advised that whenever you click on links and banners that take you to a third-party website, you will be subject to the third party’s privacy policies, not WAIR’s. This Privacy Policy applies solely to Personal Information collected by WAIR.