PRIVACY POLICY

PRIVACY POLICY

OUR PRIVACY POLICY

Effective as of January 1, 2020

Last Updated April 14, 2022

INTRODUCTION

Timbuk2 Designs, Inc. and its affiliates (“Timbuk2,” “we,” “our,” or “us”) respect the privacy of your information. This Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the information you provide to us in using our website (“Site”) and the services provided through our Site (“Services”).

From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. Please review this Privacy Policy periodically.

If you are an individual in a country in the European Economic Area or in the United Kingdom, please visit our EU specific site at https://timbuk2bags.eu.

This Privacy policy covers the following topics:

Collecting and Using Information
Cookies and Other Tracking Technologies
Third Party Processors
“Do Not Track” Signals
Choices About Your Personally Identifiable Information
Security
Third Party Links
Children’s Privacy
Notice to Nevada Residents
Notice to California Residents
Accessibility
How to Contact Us

1. COLLECTING AND USING INFORMATION

Personally Identifiable Information We Collect Online
We may collect Personally Identifiable Information from you through your use of the Site and Services. “Personally Identifiable Information” is individually identifiable information about an individual consumer that we collect online and that we maintain in an accessible form. We collect the following types of Personally Identifiable Information:

Information You Provide:

We may collect the following Personally Identifiable Information that you voluntarily provide to us:

Purchases. If you purchase a product, we will collect your email address, first and last name, shipping address, billing address, and credit card information. You also may provide us with your company name, telephone number.
Account. If you create an account for any of our Services, you will provide us with your name, email address, phone number, and password. When you log-in to your account, you will provide us with your email address and password.
Store Locator. When you use our store locator, you may provide us with your physical address.
Orders & Tracking. When you use our Site to track your order, you will provide us with your email address.
Register a Bag. When you register a bag, you may provide us with your email address, phone number, and any other Personally Identifiable Information that you may voluntarily provide.
File a Repair Ticket. When you file a repair ticket, you will be asked to register your bag and provide us with your name, email address, phone number, and shipping address.
Returns Center. When you start a return, you will provide us with your email address.
Write a Review. When you write a review of our products, you will provide us with your email address and nickname. You may also provide us with your physical address and any other Personally Identifiable Information that you may voluntarily provide.
Submit a Custom Party Request. When you submit a custom party request, you will provide us with your name and email address. You may also provide us with your phone number and physical address.
Subscribe to Emails. When you sign up for our newsletter, you will provide us with your email address.
Subscribe to SMS Messages. When you sign up to receive SMS messages, you will provide us with your mobile phone number.
Become a Dealer. When you register to become a dealer, you will provide us with your name, email address, phone number, and any other Personally Identifiable Information that you may voluntarily provide.
Corporate Sales. When you place a corporate order for five hundred (500) or more bags, small quantities or rush orders, you will provide us with your telephone number or email address.
Apply for a Job. If you apply for job, we will collect your first and last name, email address, physical address, and telephone number. You also will be asked to provide other information such as your resume, cover letter, and employment-related information (e.g., desired compensation and start date).
Contact Us. When you send us any feedback, questions, comments, suggestions, ideas, or interact with us in any way through email, or social media channels, we will receive your email address, phone number, and any other Personally Identifiable Information that you may voluntarily provide.

Information as You Navigate Our Site:

We automatically collect certain Personally Identifiable Information through your use of the Site and Services, such as the following:

Usage Information. We collect information automatically through your use of the Site and Services, such as which of the pages on the Site you access, the frequency of access, and what you click on while on the Site.
Device Information. We collect information about the device you are using, such as hardware model, operating system, application version number, and browser.
Mobile Device Information. In addition to the Device Information listed above, when you access our Site via a browser on your mobile device, we collect and aggregate information about whether you are accessing the Site via a mobile device or tablet, device type, and carrier.
Location Information. We collect location information from Site visitors on a city-regional basis.

Third Party Information:

In some cases, we may receive certain Personally Identifiable Information from you about a third party. For example, when you checkout, you may provide the name, physical address, and phone number of a third party. If you submit any Personally Identifiable Information about another individual to us, you are responsible for making sure that you have the authority to do so and to allow us to use their Personally Identifiable Information in accordance with this Privacy Policy.

How We Use Your Personally Identifiable Information

We use the Personally Identifiable Information we collect to provide the Services to you, to improve our Services and Site, and to protect our legal rights. In addition, we may use the Personally Identifiable Information we collect to:

Process your account registration;
Process and fulfill your order;
Review your custom party request;
Process your bag registration;
Email you our newsletter and/or send SMS messages (e.g., cart reminder);
Contact you regarding our products and services that we feel may be of interest to you;
Communicate with you about our Site or Services or to inform you of any changes to our Site or Services;
Respond to your customer service requests; and
Comply with applicable law.

How We Share Your Personally Identifiable Information

We may share the information that we collect about you in the following ways:

With service providers who perform data or Site-related services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.);
With service providers to prepare, deploy and analyze advertising content;
To the extent that we are required to do so by law;
In connection with any legal proceedings or prospective legal proceedings;
To establish, exercise, or defend our legal rights, including providing information to others for the purposes of fraud prevention;
With any person who we reasonably believe may apply to a court or other competent authority for disclosure of that Personally Identifiable Information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personal Information;
With any other person or entity as part of any business or asset sale; and
With any other person or entity where you consent to the disclosure.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

2. Cookies and Other Tracking Technologies

How We Use Cookies

Like many other companies, we use cookies and other tracking technologies (such as pixels and web beacons) (collectively, “Cookies”). “Cookies” are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets).

We use Cookies to:

Estimate audience size and usage patterns;
Understand and save your preferences for future visits, allowing us to customize the Site and Services to your individual needs;
Advertise new content and services that relate to your interests;
Keep track of advertisements and search engine results;
Keep track of items you put into your shopping cart including when you have abandoned your cart and, if you have opted in to SMS messaging, use this information to determine when to send cart reminder messages via SMS;
Compile aggregate data about site traffic and site interactions to resolve issues and offer better site experiences and tools in the future; and
Recognize when you return to the Site.

We set some Cookies ourselves and others are set by other entities. We use Cookies set by other entities to provide us with useful information to help us improve our Site and Services, to conduct advertising, and to analyze the effectiveness of advertising. For example, we use Cookies from Google, Facebook and other similar companies.

How You Can Opt-Out of Cookies

Browser Settings

Cookies can be blocked by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Site.

You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org or www.allaboutcookies.org.

Platform Controls

You can opt out of Cookies set by specific entities by following the instructions found at these links:

Google: https://adssettings.google.com
Facebook: https://www.facebook.com/about/ads
LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out
Microsoft: https://account.microsoft.com/privacy/ad-settings/
Yahoo: https://policies.yahoo.com/xa/en/yahoo/privacy/topics/opt-outfaq/

Advertising Industry Resources

You can understand which entities have currently enabled Cookies for your browser or mobile device and how to opt-out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.

Please note that these opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use.

3. Third Party Processors

To ensure that your Personally Identifiable Information receives an adequate level of protection, we have put in place appropriate procedures with the service providers we share it with to ensure that it is treated consistent with applicable data security and privacy laws. We do not collect or receive the information provided to the third-party payment processor.

Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Sites and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The technologies used by Google Analytics do not gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt-out of tracking of analytics by Google, click here.

Google reCAPTCHA

We use Google reCAPTCHA, a free service provided by Google, Inc., to protect our Site from spam and abuse. Google reCAPTCHA uses advanced risk analysis techniques to decipher humans and bots. Google reCAPTCHA works differently depending on what version is deployed. For example, you may be asked to check a box indicating that you are not a robot or Google reCAPTCHA may detect abusive traffic without user interaction. Google reCAPTCHA works by transmitting certain types of information to Google, such as the referrer URL, IP address, visitor behavior, operating system information, browser and length of the visit, cookies, and mouse movements. Your use of Google reCAPTCHA is subject to Google’s Privacy Policy and Terms of Use. More information as to Google reCAPTCHA and how it works is available here.

4. “Do Not Track” Signals

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

5. CHOICES ABOUT YOUR PERSONALLY IDENTIFIABLE INFORMATION

Non-California Resident Options

Non-California residents may request their data be deleted or to opt-out of “sales” of data, similarly to the rights entitled to California residents under the California Consumer Privacy Act. If you wish to submit these types of requests, please email us at privacy@timbuk2.com, and a representative will help walk you through the process

Review and Request Changes to Your Personally Identifiable Information

You may use your account to access, correct, or view certain Personally Identifiable Information we have collected and which is associated with your account. To review or request changes to any of your Personally Identifiable Information, please contact us at privacy@timbuk2.com.

Request to Opt-Out of the Sale of Your Personally Identifiable Information

To run our business and provide you with our Services, we may share certain of your information with third-party providers. These transfers may qualify as a “sale” of your information under some state laws. You may request that we stop sharing your information with these third parties through our interactive webform available by clicking on this link: . If you have enabled privacy controls on your browser (such as a plugin), we will also treat that as a valid request to opt-out.

Request to Delete Your Personally Identifiable Information

Subject to certain limitations, you may direct us to delete your information through our interactive webform available here, by emailing us at privacy@timbuk2.com, or by calling us at 1 (800) 865-2513. Prior to complying with your request, we will verify your identity as more fully discussed below under the section “Notice to California Residents—Our Process for Verifying a Request to Know or Delete”.

Request to Unsubscribe from Marketing Communications

To unsubscribe from our marketing emails, please click the unsubscribe link included in the footer of our emails. You also may submit a request to us at customerservice@timbuk2.com.

6. Security

We maintain commercially reasonable security measures to protect the Personally Identifiable Information we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee absolute security.

7. Third Party Links

The Site may contain links that will let you leave the Site and access another website. Linked websites are not under our control. Except as stated below, this Privacy Policy applies solely to Personally Identifiable Information that is acquired by us on this Site. We accept no responsibility or liability for these other websites.

8. Children’s Privacy

The Site is not intended for children under 13 years of age. We do not knowingly collect, use, or disclose personal information from children under 13.

9. Notice to Nevada Residents

Nevada law allows Nevada residents to opt-out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to privacy@timbuk2.com.

10. Notice to California Residents

The California Consumer Privacy Act (CCPA) requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this does not apply to you and you should not rely on it.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregate information. For purposes of this “Notice to California Residents” section we will refer to this information as “Personal Information.”

The CCPA contains an exception that is relevant to us. Some of the CCPA’s privacy rights explained below do not apply to personal information reflecting a written or verbal communication or a transaction between us and a consumer, where the consumer is acting as an employee, owner, director, officer, or contractor of another entity and when the communication or transaction occur solely within the context of us conducting due diligence regarding, or providing or receiving a product or service to or from such entity.

Right to Know About Personal Information Collected, Disclosed, or Sold

Your Right

If you are a California resident, you have the right to request that we disclose what Personal Information we have collected about you. This right includes the right to request any or all of the following:

Specific pieces of Personal Information that we have collected about you;
Categories of Personal Information that we have collected about you;
Categories of sources from which the Personal Information was collected;
Categories of Personal Information that we sold (if applicable) or disclosed for a business purpose about you;
Categories of third parties to whom the Personal Information was sold (if applicable) or disclosed for a business purpose; and
The business or commercial purpose for collecting or, if applicable, selling Personal Information.

How to Submit a Request to Know

You may submit a request to know by emailing us at privacy@timbuk2.com or by calling us at 1 (800) 865-2513.

Collection of Personal Information

We currently collect and, in the 12 months prior to the last updated date of this Privacy Policy, we have collected the following categories of Personal Information about California residents directly from them, and from website users, advertising networks, government entities, and social networks.

Identifiers (name, postal address, internet protocol address, email address, account name)
Unique personal identifiers (cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; customer number, unique pseudonym or user alias)
Telephone number
Bank account number
Commercial information such as records of products purchased

We collected and sold the above Personal Information for the following business or commercial purposes:

Performing services such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, and providing analytic services
Undertaking activities to verify and maintain the quality of our Services and improving, upgrading, and enhancing the Services
Advancing our commercial or economic interests, such as by inducing another person to buy products, goods, property, information, or services or enabling or effecting, directly or indirectly, a commercial transaction

Disclosure or Sale of Personal Information

The following table identifies the categories of Personal Information that we disclosed for a business purpose to service providers or sold to third parties in the 12 months preceding the Last Updated date of this Privacy Policy and, for each category, the category of service providers or third parties to whom the Personal Information was sold or disclosed:

Category of Personal Information	Category of Service Providers	Category of Third Parties
Name; Account Name; Email Address; Telephone Number; Postal Address	Business Partners Product shippers Data analytics providers External marketing entities	Product Shippers
Customer number, unique pseudonym or user alias	Business partners
Internet Protocol address		Data analytics providers
Cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology	Business partners	Data analytics providers Advertising networks *Please see “Cookies and Other Tracking Technologies” section above for more information as to our use of cookies

We do not knowingly sell the Personal Information of minors under 16 years of age.

Right to Request Deletion of Personal Information

Your Right

If you are a California resident, you have the right to request that we delete the Personal Information about you that we have collected. However, per the CCPA, we are not required to comply with a request to delete if it is necessary for us to maintain the Personal Information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

How to Submit a Request to Delete

You may submit a request to delete through our interactive webform available here or by calling us at 1 (800) 865-2513.

Our Process for Verifying a Request to Know or Delete

If we determine that your request is subject to an exemption or exception, we will notify you of our determination. If we determine that your request is not subject to an exemption or exception, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request.

We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure or deletion as applicable.

For requests to access categories of Personal Information and for requests to delete Personal Information that is not sensitive and does not pose a risk of harm by unauthorized deletion, we will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.

For requests to access specific pieces of Personal Information or for requests to delete Personal Information that is sensitive and poses a risk of harm by unauthorized deletion, we will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and which we have determined to be reliable for the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

Right to Opt-Out of Sale of Personal Information

Your Right

If you are a California resident, you have the right to direct us to stop selling your Personal Information.

The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable.

Timbuk2's use of certain third-party cookies may constitute "sales" under the CCPA.

How to Submit a Request to Opt-Out

You may submit a request to opt-out through our interactive webform available by clicking on this link: . If you have enabled privacy controls on your browser (such as a plugin), we will also treat that as a valid request to opt-out.

Right to Non-Discrimination for the Exercise of a California Resident’s Privacy Rights

We will not discriminate against California residents if they exercise any of the rights provided in the CCPA as described in this section “Notice to California Residents.”

Authorized Agents

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, we will require additional information to verify your authority to act on behalf of the California resident.

Shine the Light Law

We do not disclose personal information obtained through our Site or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.

11. Accessibility

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you wish to access this Privacy Policy in an alternative format, please contact us as described below.

12. How to Contact Us

To contact us for questions or concerns about our privacy policies or practices please contact us via any of the following methods:

Timbuk2

By phone: 1-800-865-2513

By email: privacy@timbuk2.com