Privacy Policy

Softside Privacy Policy
Last updated: October 1, 2024

This Privacy Policy (“Privacy Policy” or “Policy”) describes how www.softsidemerch.com (the “Site” or “we”) collects, uses, and discloses your Personal Information as a visitor, user, or customer when you visit or use our websites, applications, services or any related products, sites, features or functionalities (each a “Service”, collectively the “Services”).

In this Privacy Policy, we refer to any information that can uniquely identify an individual as “Personal Information.” We collect and use your Personal Information in accordance with applicable data protection and privacy laws.


Collecting Personal Information
When you visit the Site, we may collect certain information about your device (including the version of your web browser, timezone, search terms, IP address), your interaction with the Site (including what websites or search terms referred you to the Site, products and pages you view, content you upload and submit, and information necessary to process your purchases and/or set up your earnings for payments (including your name, shipping address, billing address, credit card and/or related banking information, email address, and phone number). We may collect additional information if you contact us for customer support, sign up for our email subscriber list, or are approved for a merchandise partnership.

Sources of collection include: automatic collections when you access our Site, log files (which track actions occurring on the Site and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps), web beacons/tags/pixels (which are electronic files used to record information about how you browse the Site), account creation, earnings set-up, purchasing orders, attempts to purchase orders, signing up for our email or SMS subscriber list, uploading and publishing content within our website such as to submit information for a merchandise partnership or to build your user profile, and any other communications you engage in with us.

Publicly Shared Personal Information
If you post, upload, submit or publish Personal Information on your user profile or other public areas of the our Services, such as within your Portfolio, product reviews, comments, and user content, that information may be collected and used by Softside, its Partners, other users or visitors of the Services, and the general public. We strongly recommend that you do not post or publish any Personal Information through our Services that allows others to locate you or any other individual, or that you otherwise do not want to share with the public.

How We Use Your Personal Information
Purposes of collection include: to perform analytics on Site to optimize for best usage and assess marketing and advertising campaigns, load the Site correctly, provide customer support and other services, communicate with you, process your payment information, facilitate partnerships between you and our platform Partners, pay you earnings, fulfill and arrange your order for shipping, send you invoices and/or order confirmations, filter orders and other communications for potential viruses, risk or fraud, and provide you with information and/or promotional relating messaging for our products, offers, updates, and other company announcements.

If you decide at any time that you no longer wish to receive promotional/advertising communications from Softside, please follow the unsubscribe instructions provided in any of the communications you receive from us. You may also contact us at legal@softsidemerch.com at any time.

Minors
The Site is not intended for individuals under the age of 13 years old. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at legal@softsidemerch.com to request deletion.

Sharing Your Personal Information
We share certain Personal Information with service providers and third parties to help us use your Personal Information for those services. Such Personal Information may include your name, email address, physical address, telephone number, banking or payment information, and other information depending on the type of service utilized. In addition, our platform may contain links to third party websites, services, platforms, or apps (collectively, “Third Party Links”). You may need to access those Third Party Links in order to utilize our services. We have no responsibility or control over the information, content, terms of use, or policies of these Third Party Links. Your engagement with any Third Party Links within our platform is done so at your own risk. Some examples include but are not limited to:

- We use Stripe to power transactions and payments within the Site. You can read more about how Stripe uses your Personal Information here: https://stripe.com/privacy
- We use Docusign to facilitate partnership documentation. You can read more about how Docusign uses your Personal Information here: https://www.docusign.com/privacy
- We use AWS to host our website and other programming services. You can read more about how AWS uses your Personal Information here: https://aws.amazon.com/privacy/ 
- We use Umami to help us understand how our customers use the Site. You can read more about how Umami uses your Personal Information here: https://umami.is/privacy 
- We partner with music artists, entertainers, and other brands, companies and IP holders (collectively, “Partners”) for our partnerships. We will only share your Personal Information with a Partner if you engage with that Partner while using our Services, such as submitting content to a specific Partner for a partnership, following a Partner’s shop or related merchandise, and/or purchasing Softside merchandise relating to a specific Partner. We may recommend your profile to a Partner to promote organic discovery, partnerships, and promotions.
- We may share information about your use of the Site, your purchases, your content uploads & submissions, and your interaction with our ads on other websites with our marketing/advertising partners. We collect and share some of this information directly with our advertising partners in an effort to serve more relevant ads and enhance the customer experience. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page athttp://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. For more information on how you can hide/opt out of targeted advertising, please visit:

Facebook: https://www.facebook.com/settings/?tab=ads 
Instagram:https://help.instagram.com/615366948510230   
Tiktok:https://www.tiktok.com/privacy/ads-and-your-data/en
Youtube:https://support.google.com/youtube/answer/9487666?hl=en  
X:https://help.x.com/en/safety-and-security/privacy-controls-for-tailored-ads
Google:https://www.google.com/settings/ads/anonymous 

We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Collection of your information by third parties is not governed by this Privacy Policy. Please review and consult the privacy policies of those third parties to determine how they collect and use your information.

Lawful Basis
Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:

Your consent;
The performance of the contract between you and the Site;
Compliance with our legal obligations;
To protect your vital interests;
To perform a task carried out in the public interest;
For our legitimate interests, which do not override your fundamental rights and freedoms.

Retention
When you create an account, place an order through the Site, upload or submit content, or subscribe to our email or SMS list, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your Rights’ sections below.

Automatic decision-making
If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.

We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.

Selling Personal Information
We do not sell your Personal Information.

Your Rights: GDPR
If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.

If you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above.

California Residents
If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us at legal@softsidemerch.com.

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.

Nevada Residents
If you are a resident of Nevada, you may submit a request directing us not to make certain disclosures of your Personal Information. You have the right to direct us not to sell any “covered information” (as defined by Chapter 603A - Security and Privacy of Personal Information, Section NRS 603A.340) that we have collected or will collect about you. If you would like to exercise these rights, please contact us at legal@softsidemerch.com.

Do Not Track
Please note: there is no consistent industry understanding of how to respond to “Do Not Track” signals. As a result we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Transferring of Personal Information
We may disclose, assign, or transfer your Personal Information to other businesses in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets or any business (“Business Event”). Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy. Any Personal Information you submit or is collected after a Business Event may be subject to a new or updated privacy policy.

Updates to this Policy
We may update this Policy from time to time in order to reflect any changes to our practices or for other operational, legal or regulatory reasons. We will alert you of such updates by sending a notification to the email associated with your account. If you do not agree to any changes following such notice, you may discontinue your use of our Services prior to the time the updated Privacy Policy takes effect. If you continue using our Services after the updated Privacy Policy takes effect, the updated Privacy Policy will govern any further collection or processing of your Personal Information.

Contact
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at legal@softsidemerch.com or by mail at 275 South 1st Street, Suite 4R, Brooklyn, NY 11211.

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority.

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