Privacy Policy

Cools’ Privacy Rules

These Cools’ Privacy Rules apply to each person (referred to in these Cools’ Privacy Rules collectively as “Cools Users” and each individually as a “Cools User“) who accesses or uses Cools’ Tools (as defined in Cools’ Rules found here: (https://cools.com/terms-of-service), including any Cools Content (as defined in Cools’ Rules), whether appearing on Cools.com or any other COOLS website or platform, or accessed by following any links appearing on Cools’ Tools.

COOLS Inc was established in the State of Delaware under company number 4713032 and with its registered office located at 132 Bowery, Fl 2 New York NY10013 (“COOLS“) will control any personal information or data about Cools Users which is submitted by Cools Users to or otherwise collected by or contained on Cools’ Tools (referred to in these Cools’ Privacy Rules as “User Data“).

What is the purpose of Cools’ Privacy Rules?

Cools’ Privacy Rules govern COOLS’ use and treatment of the User Data gathered by COOLS each time a Cools User accesses or uses Cools Tools, including what information COOLS collects, why we collect it and the options Cools Users have in relation to their own personal data. While Cools Users are not legally obligated to provide COOLS with any personal information, certain functions of Cools’ Tools are not able to operate properly without certain information, and other information (such as email addresses, usernames and passwords) is needed in order for COOLS to customize and optimize each Cools User’s experience on Cools’ Tools.

Each Cools User who chooses to provide any information to COOLS is deemed to acknowledge and agree that such information has been freely provided to COOLS and to authorize COOLS to maintain such information in its registered databases for the purposes provided in these Cools’ Privacy Rules, in compliance with applicable laws and regulations.

How does COOLS collect User Data and what types of personal information does COOLS obtain?

a) User-Provided Information

When using or accessing Cools’ Tools or otherwise interacting with COOLS, Cools Users will be asked to enter certain types of information, such as a name, address, or email address or to create a profile, username and password. All such information provided to COOLS by Cools Users via Cools’ Tools or otherwise will be received and stored by COOLS.

b) Automatic Collection of Information

  1. Certain types of information are received automatically by COOLS whenever Cools Users access and/or use Cools’ Tools or components of Cools’ Tools. COOLS (on its own or with the help of third party service providers as described in more detail below) gathers, compiles and stores such information, particularly information regarding usage of Cools’ Tools. Some of this information is obtained from Cools Users’ browsers – such as IP addresses, information obtained through cookies (as to which, see the Cools’ Cookie Rules here: (https://cools.com/cookie-policy)) and information about the pages each Cools User has accessed. Thus, COOLS is aware each time a Cools User is using Cools’ Tools and COOLS will automatically receive such usage information, and record it on COOLS’ servers.
  2. COOLS also collects information regarding the number of Cools Users and the frequency of their visits to Cools’ Tools and the various components of Cools’ Tools, in a similar way to the information collected by television and music platforms regarding user preferences and audience size. COOLS collects such information automatically and the data derived from it is used only in aggregated form for statistical purposes such that COOLS is not able to personally identify individual Cools Users. This aggregated usage data enables COOLS to identify the components of Cools’ Tools that are most often used by Cools Users and thereby focus our efforts on improving and optimizing Cools’ Tools, making them more interesting and useful to Cools Users.
  3. Cools Users can access Cools’ Tools using various technological devices, such as computers, tablets, or smartphones. COOLS automatically collects information on the type of device, hardware model, as well as the software and operating system of the device used by each Cools User to access Cools’ Tools.
  4. When Cools Users receive emails from COOLS, COOLS may receive a ‘read confirmation’, provided the device used by the Cools User supports the confirmation program. COOLS uses these read confirmations to determine which emails are the most useful and interesting for Cools Users and how to improve them.
  5. COOLS will receive information regarding the physical location of each Cools User who accesses or uses Cools’ Tools provided, where relevant, that the Cools User has requested or authorized location services. Location information allows COOLS to personalize the content we make available to Cools Users and to provide certain location-based features (such as search results). Mobile devices will generally permit users to disable location services using their settings. The policies of device manufacturers or software providers will include more detailed information about the location information the specific device will make available to COOLS if location services are operational.
  6. Cools Users who opt to access Cools’ Tools via third party or social media websites such as Facebook are deemed to grant permission to COOLS to receive and store certain profile and/or account information (such as names and email addresses, as well as usernames and passwords) from those platforms with which Cools’ Tools interoperates.
  7. The Cools’ Cookie Rules (found here : (https://cools.com/cookie-policy)) describes how COOLS uses cookies in relation to Cools’ Tools.

In addition to cookies, COOLS (and COOLS’ affiliates, partners, retailers, analytics or other third party service providers) may use other technologies similar to cookies, such as beacons, scripts and tags, to analyze trends, administer Cools’ Tools, track Cools Users’ navigation around Cools’ Tools and compile demographics regarding COOLS’ overall user base. These companies will generate reports based on individual or aggregated data collected through the use of these technologies and provide such reports to COOLS.

Purposes of Data Collection

The information collected by COOLS enables us to:

(i) ensure the smooth functioning of Cools’ Tools, including the display of Cools Content;

(ii) make improvements to Cools’ Tools and enable Cools Users to make full use of all components and features on Cools’ Tools, including the placement of orders and processing or facilitation of payments on or through Cools’ Tools (if applicable);

(iii) make suitable product recommendations and facilitate the tracking of merchandise by Cools Users;

(iv) interact and communicate with Cools Users regarding merchandise, promotions, offers, sales or services;

(vi) collect feedback from Cools Users;

(vii) provide technical support and customer assistance to Cools Users;

(viii) maintain accurate account records and administer Cools User accounts;

(ix) enable the performance of logistical, technical or other functions by third party contractors and service providers on COOLS’ behalf;

(x) troubleshoot problems;

(xii) detect and prevent or protect Cools’ Tools against errors, abuse, fraud or other illicit activities;

(xii) control against certain risks;

(xiii) ensure compliance with applicable laws and regulations, as well as other requirements of law enforcement and legal process; and

(xiv) produce statistical reports on an aggregated basis (without identifying individual customers).

Storage of Information

As necessary in order to ensure the smooth functioning of Cools’ Tools, COOLS may transfer the data collected from Cools Users to be stored at a location outside the European Economic Area (the “EEA”). Third party service providers, employees or contractors based outside the EEA and working for COOLS may also process and use such data in the course of responding to requests from Cools Users, or providing technical support or other services. COOLS requires all third parties to whom User Data is transferred to undertake to provide sufficient protection of that User Data and COOLS takes all steps reasonably required in order to ensure this.

Retention of User Data

Unless under a legal obligation to store such information for a longer period, COOLS will store User Data only until either:

(i) such information is no longer necessary in order for COOLS to fulfill its obligations, or for the proper functioning of Cools’ Tools (which, for any Cools User who has an account, will be for as long as that account exists); or

(ii) any Cools User requests that their User Data be deleted,

whichever occurs earliest.

Following any request by a Cools User to delete any User Data, COOLS will initiate a process to permanently delete it. This process is irreversible and will permanently and irretrievably delete the relevant data. COOLS may retain certain data (such as usage data, statistical information regarding the use of Cools’ Tools and other metadata which is not deleted) in aggregated and anonymised form.

Processing of User Data

COOLS will only process User Data in circumstances where there is a legal basis for us to do so, including where doing so is:

(i) necessary to further a legitimate interest of COOLS:

what constitutes a “legitimate interest” might include, for example, anything that enables COOLS to:

(a) improve Cools’ Tools and the various components and features of Cools’ Tools – such as by maximising the relevance of COOLS’ marketing, advertising, product recommendations and other communications;

(b) improve COOLS’ understanding of customer usage of Cools’ Tools; or

(c) ensure the proper management and operation of Cools’ Tools;

(ii) necessary to the functioning or provision of any services on Cools’ Tools or to the fulfillment of COOLS’ contractual obligations towards Cools Users:

this would include, for example, any personal information collected from Cools Users in order to create or manage user profiles or accounts, such as names, usernames, e-mail addresses and passwords;

(iii) in accordance with any Cools User’s consent:

Cools Users may grant COOLS their consent to receive certain marketing materials, enabling COOLS to send information to such Cools Users regarding products that might be of interest to them. Any such consent may be withdrawn by the relevant Cools User simply by contacting COOLS at any time;

or

(iv) necessary in order for COOLS to comply with requirements under applicable laws or regulations:

such requirements may include mandatory disclosures of User Data or other information to law enforcement authorities.

Sharing of User Data

COOLS will only share User Data in the manner provided in these Cools’ Privacy Rules. Whenever COOLS shares User Data with third party commercial entities, COOLS requires those entities to agree to maintain its confidentiality.

Use of Cools’ Tools will result in User Data being provided to and/or shared with various third parties in the circumstances described below:

COOLS Retailers

COOLS has partnered with a large number of third party retailers and brands (together, “Cools Retailers” and each, a “Cools Retailer“) to give Cools Users access to a broad, high quality selection of fashion merchandise on Cools.com and on other Cools Tools.

When a Cools User clicks to view an item on Cools Tools, the link will take the Cools User to the website of the Cools Retailer selling that item, where, if the Cools User so chooses, they can make their purchase. The Cools Retailer will require additional information from the Cools User in order to complete a transaction on their site, such as the Cools User’s method of payment, contact information and address(es) for billing and delivery. Cools Retailers will collect, process, use and store any personal information (including billing and payment information) provided by Cools Users in accordance with their own terms and conditions and privacy policies. Cools Users will be asked to review and agree to the terms and conditions of Cools Retailer websites prior to making any purchases and Cools Users should do so thoroughly and carefully. COOLS has no control over, and accepts no responsibility whatsoever for, the terms and conditions or the privacy, cookie or other policies of Cools Retailers or any other aspect of Cools Retailers’ businesses, operations or practices.

Retailer Promotions

Cools Retailers occasionally hold special offers or contests (“Retailer Promotions“), which COOLS may also make available to Cools Users, including by providing related promotional codes. In connection with some of these promotions or contests, COOLS may also share User Data with the relevant Cools Retailers. The specific terms and conditions applicable to any Retailer Promotion should be set out on the relevant Cools Retailer’s website. Cools Users wishing to participate in any Retailer Promotion are advised to read those terms and conditions carefully before participating.

Sharing of Aggregate Information

Statistical information collected by COOLS regarding how Cools Users, in the aggregate, use Cools Tools and Cools Content may be shared with Cools Retailers. Cools Retailers will use this information in the same way as COOLS, to better understand which content is of most interest and most frequently used, so they can optimize the user experience on their sites. Any such sharing of aggregate information is done in such a way that the Cools Users are not identified to Cools Retailers personally, except where doing so is necessary in order to complete a transaction on a specific Cools User’s behalf.

Cools Advertisers

Advertising networks and commercial third parties who purchase advertising space on Cools’ Tools (together, “Cools Advertisers“) will collect information about the activity of Cools Users on Cools’ Tools and on other websites, using cookies or other automated technologies. Cools Advertisers will use this information to determine Cools Users’ interests and to provide

targeted advertising. Cools Users have the option to refuse both interest-based advertising cookies and targeted advertising if they wish. Information about cookies and how to refuse them can be found in the Cools Cookie Policy here: (https://cools.com/cookie-policy).

Sharing of User Data with Analytics

Google Analytics Demographics and the “Interest Reporting” feature have been implemented on Cools’ Tools. COOLS may share Cools Users’ information to search engine providers and analytics in order to assist us in continually improving and optimising Cools’ Tools.

Cools Agents

COOLS contracts with or employs third party individuals and companies (“Cools Agents“) from time to time to provide various services and to perform certain tasks. COOLS will share User Data with Cools Agents only as and to the extent required in order for them to fulfill those tasks and services they have been engaged to perform, which may include providing products or services to specific Cools Users. Cools Agents are not authorized or entitled to make any use of User Data shared by COOLS except as necessary to fulfill their obligations to COOLS. COOLS will inform Cools Users if any Cools Agents have the right to use shared information beyond what is required for those purposes.

User Data Accessible to other Cools Users

Cools Users who opt to create a Cools profile will be required to submit a username and password, provide an e-mail address, and may also submit a bio and profile picture (such information is together referred to herein as “Profile Information“). Profile Information will be visible to other Cools Users as necessary to allow Cools Users to search and follow each other and to facilitate interaction among Cools Users on Cools’ Tools. New Profile Information may be added to Cools profiles using email addresses. E-mail addresses may also be used to communicate through Profile Information submitted by Cools Users.

Cools Users should consider that any information disclosed by them on Cools’ Tools will be accessible to the public. Cools Users will be able to find and view other profiles (including any Profile Information and any comments, product lists or reviews and other content submitted to profiles, and any messages between users or on message boards or in chat rooms). Any content submitted by Cools Users on Cools’ Tools (whether in the form of images, text, captions, descriptions, likes, interests or any other form) will be publicly visible and may be downloaded, copied, transmitted and/or redistributed over the internet or through other media.

Any public area of Cools’ Tools is accessible to the public and therefore Cools Users should be aware that any information or content posted by them to such areas or to any other public online wforum will be available to the general public.

Legally Required Disclosures

COOLS may be obligated from time to time to share User Data with third parties. For example, a law or regulation may prescribe such disclosure, or a governmental, regulatory or judicial authority may request us to do so, or it may be necessary in order for COOLS to apply or enforce our terms and conditions under other contractual arrangements to which we are party, to protect COOLS’ rights, property or safety, or that of COOLS employees, Cools Users or third parties. By using and accessing Cools’ Tools, you agree that COOLS may share your information with third parties as described above if COOLS believes in good faith that doing so is necessary. COOLS may also exchange information with commercial and other entities in order to protect against fraud and reduce credit risk.

Corporate Transactions with Third Parties

From time to time, COOLS may contemplate asset purchases or may look to sell some or all of its business assets. In the context of a sale or purchase transaction of this type, customer information will generally be one of the key assets to be transferred. A third party may also receive or acquire customer information from COOLS if it is the target of an acquisition, is involved in a merger or reorganisation, or goes into bankruptcy or liquidation. The use of any customer information acquired

by third parties from COOLS in the context of a transfer as described above will continue to be governed by these Cools’ Privacy Rules.

Cools Affiliates

Any information provided by Cools Users to COOLS may be shared with any Cools Affiliate at any time. The term “Cools Affiliate” includes any parent company of COOLS, any direct or indirect subsidiary of COOLS, any company under common control with COOLS and any joint venture involving COOLS.

Maintaining Security of User Data

COOLS makes every effort to ensure and safeguard the security of Cools’ Tools and the content and information on Cools’ Tools and Cools Users’ accounts. COOLS maintains appropriate safeguards and security measures to protect the security, integrity and privacy of User Data, such as encryption, pseudonymisation, firewalls and access controls.

Despite these efforts, COOLS is not able to guarantee that breaches of our security systems, including unauthorised access and/or use of Cools User accounts and profiles on Cools’ Tools will not occur, and COOLS will not be responsible for any such breaches, unauthorised access or use, nor for any hardware or software failures or other events which may compromise the security of User Data. Any information posted or transmitted via Cools’ Tools is entirely voluntary and at the relevant Cools User’s own risk.

Passwords

The privacy and security of information provided by each Cools User who creates a profile or account on Cools.com (or any other platform on Cools’ Tools) will be protected through the use of a username and password. Each Cools User who creates a Cools profile or a Cools account is responsible for safeguarding their own password and ensuring that no one accesses their profile or account without authorisation, including by carefully selecting their password (for example using strong passwords which are lengthy and consist of a combination of upper and lower case letters, numbers and special characters or symbols) and by taking appropriate steps to protect that password, such as logging out of Cools’ Tools after each session, frequently updating their password and ensuring that others are not able to access their computer or other device.

Each Cools User is responsible for the activity conducted through their Cools profile or account using their password. COOLS will not accept liability for any loss suffered or damage incurred as a result of any failure by a Cools’ User to follow the above recommendations.

Third Party Websites

Although Cools’ Tools include many links to third party websites – including, but not limited to, Cools Retailer websites – these Cools’ Privacy Rules apply only to User Data and other information collected on Cools’ Tools. User Data collected through third party websites will be subject to the privacy rules and other policies of those websites. Cools Users should always read the privacy policies of third party websites accessed through Cools’ Tools. COOLS has no control over, and accepts no responsibility whatsoever for the privacy policies on the websites of Cools Retailers or any other third parties accessed through Cools’ Tools or any other policies or practices of such third parties.

Cools User Rights in Relation to User Data

A description of the rights of Cools Users in relation to their personal information held by COOLS is set out below. It should be noted that certain of these rights may not be applicable or exercisable in all circumstances.

(i) Access

For Cools Users based in the European Union, the General Data Protection Regulation (the “EU DP Regulation“) provides a legal right to receive a copy of their personal data held by COOLS. Any Cools User who wishes to request such a copy may do so by contacting us at: [email protected] using the subject heading “DP Regulation Request” and letting us know which personal information you would like to receive.

(ii) Correction

Each Cools User who has created a Cools profile or account has the ability to update certain personal information included in their account or profile settings, such as their username and password, their legal name or their e-mail address. The details which can be updated or amended may change from time to time as Cools’ Tools themselves evolve.

(iii) Deletion

Each Cools User has the right to request the deletion of their Cools profile or account at any time. Requests to delete accounts or profiles can be submitted in accordance with the instructions under the account settings menu of the relevant profile or account.

When COOLS removes personal information from our databases, there may be some anonymous information contained within the deleted data that will be retained by COOLS for analytic or statistical purposes.

(iv) Opting out of Marketing

Each Cools User who creates a Cools profile or account may consent to receive marketing and other communications from COOLS from time to time. COOLS will occasionally send information to such Cools Users about merchandise, offers or services that we consider might be of interest, using the e-mail address associated with the Cools User’s profile or account.

Each Cools User has the ability to control whether and how often they receive marketing communications, by changing their preferences in their Cools profile or account settings. Each marketing e-mail will also include an “unsubscribe” button, which Cools Users can click if they prefer not to continue receiving marketing messages. It may take a bit of time for our distribution lists to be updated to reflect such requests, however, COOLS is committed to honoring such marketing opt-outs. COOLS likewise requires all Cools Retailers to honor user requests to cease marketing communications and we invite Cools Users to contact us to assist in resolving any failures by Cools Retailers to do so.

It will not be possible for Cools Users to opt out of certain types of communications, such as administrative messages, communications regarding the operation of Cools’ Tools and any related services, transaction-related communications or other non-promotional messages. Cools Users are free to elect not to provide any personal information, although it should be noted that some features of Cools’ Tools may not function properly without certain information.

Cools Users should consider that any legal notices and/or other communications regarding COOLS policies, terms and conditions and any updates thereto will be applicable to every Cools User’s access to and use of Cools’ Tools despite any Cools User having opted out of receiving such communications or having failed to read them. Each Cools User is responsible for reviewing such materials, will be deemed to have done so and to have accepted them, and will be bound by, and required to comply with, any changes thereto, whether they have in fact received and read them or not.

Privacy Rules Relating to Children

You must be 13 years of age or older to use Cools’ Tools. To the best of COOLS’ knowledge, we do not advertise, market, promote or provide a platform for the purchase of any merchandise by children. Cools’ Tools are designed for use by persons aged 13 and older. Any person not having legal capacity to make a binding contract may not make any purchases using Cools’ Tools, may not register for a Cools profile or account and may not submit any personal information through Cools’ Tools. To the best of COOLS’ knowledge, we do not collect personal information from any individuals under the age of 13.

Should you know or reasonably suspect that personal information regarding someone under the age of 13 has been provided to COOLS (whether by that person or by a third party), please notify us at: [email protected] and we will arrange for such information to be removed from our databases.

Changes To Cools’ Privacy Rules

COOLS reserves the right to unilaterally amend, supplement or restate Cools’ Privacy Rules at any time. In the event of any material (as determined by COOLS in its sole and absolute discretion) COOLS undertakes to provide notice of such changes by e-mail to those Cools Users who have opened an account or profile, using the e-mail address associated with such account or profile. The version of Cools’ Privacy Rules in effect at any given time will apply to the collection and use of information on Cools’ Tools at such time.

Any significant changes to the manner in which COOLS uses personal data will be notified to Cools Users by e-mail or by an announcement posted on Cools’ Tools. Any other changes to Cools’ Privacy Rules will take effect as of the effective date of each updated version.

A copy of the version of Cools’ Privacy Rules in effect at any time will be maintained at the following link (https://cools.com/privacy-policy). Cools Users who continue to access and use Cools’ Tools following the effective date of each updated version of Cools’ Privacy Rules shall be deemed to have accepted and agreed to be bound by such updated version.

Address for Notices or Inquiries

Should you have any queries or concerns regarding privacy on Cools’ Tools, Cools’ Privacy Rules or you wish to provide any notice to COOLS hereunder, please address them to COOLS INC., which operates and provides Cools’ Tools at:(The COOLS Inc. 52 Walker St 3rd Floor New York NY 10013)

Language

Cools Privacy Rules are drafted in English, and the original English language version of Cools’ Privacy Rules shall prevail in the event of any conflict or discrepancy between such English language version and any translation thereof into another language.

This version of Cools’ Privacy Rules (Version 1.0) is effective as of 5 February 2020.