Privacy Policy

THIS PRIVACY POLICY (“PRIVACY POLICY” OR “POLICY”) EXPLAINS HOW MOTHER, LLC, A LIMITED LIABILITY COMPANY (“COMPANY”, “WE”, “US” OR “OUR”) MAY GATHER, COLLECT, RECORD, HOLD, DISTRIBUTE, SHARE, DISCLOSE OR OTHERWISE USE ANY INFORMATION OR DATA ABOUT ANY USER (“USER” OR “YOU” OR “YOUR”) OF COMPANY’S WEBSITE AT HTTPS://WWW.MOTHERDENIMCHEAP.COM/ (“COMPANY WEBSITE”) OR THROUGH ANY OTHER PROGRAM, ACTIVITY, TECHNOLOGY PLATFORM, TECHNOLOGY APPLICATION, OR SERVICE OFFERED BY COMPANY (THE COMPANY WEBSITE AND THESE OTHER PROGRAMS, ACTIVITIES, PLATFORM, APPLICATIONS AND SERVICES ARE COLLECTIVELY REFERRED TO AS “COMPANY PROGRAM(S)”).

BY CONTINUING TO USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM OFFERED BY COMPANY, YOU HEREBY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS POLICY AS IT IS PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF ANY COMPANY PROGRAM. NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS POLICY WILL BE ACCEPTED BY MOTHER, LLC. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS POLICY, OR YOU DO NOT WISH YOUR PERSONAL INFORMATION TO BE USED PURSUANT TO THIS PRIVACY POLICY, THEN YOU SHOULD NOT USE ANY COMPANY PROGRAM (INCLUDING WITHOUT LIMITATION THE COMPANY WEBSITE) AND YOU SHOULD NOT PROVIDE ANY OF YOUR PERSONAL INFORMATION TO MOTHER, LLC.

THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND YOU SHOULD DOWNLOAD AND PRINT THIS PRIVACY POLICY FOR YOUR RECORDS.

SECTION 1 – INFORMATION WE COLLECT

We collect Personal Information (also known as Personal Data) that You provide directly to Us. For example, We may collect Personal Information from You under these circumstances:

  • When You inquire about any of Our products or services or You make an online purchase, We may collect and use Your Personal Information to provide the products and services that You have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information), and to provide customer service and/or future promotional offers and information that might be of interest to You;
  • If You create an online account with Us that enables You to track Your orders or receive “back in stock” notifications (although it is not necessary to create an account in order to use any Company Website), We may collect and use Your Personal Information to keep You updated about special offers, send updates related to the Company and the Company Website, and facilitate checkout during purchase transactions;
  • If You request any customer support or request any exchange or return of any of the Company’s products or services;
  • If You sign up to receive promotional emails or marketing from Us or if You otherwise request any information from or about the Company (such as a newsletter, e-alert, or any other information about Our products, services, events or business partners), We may contact You about sales, special offers and new features available through the Company Website.
  • If You participate in a contest, promotion or sweepstakes that We sponsor We may, subject to the terms of the relevant promotion as well as this Privacy Policy, contact You regarding the promotion or other promotional and special offers, sales, and new features available through the Company Website.
  • If You provide Us with any other Personal Information about You through the Company Website or any other Company Program, or via telephone;
  • If You fill out any other information through any Company Program;
  • We also may obtain, collect and aggregate information (including Personal Information) about You that is provided to Us by third parties such as third party social media sites that You may participate in and who collaborate or work with Us, as well as from other advertising networks, marketing service providers, demographic companies, analytics companies, and other vendors that collaborate or work with Us; or
  • If You communicate with any other representative of Our Company or otherwise communicate with Us in any other way.

In these instances, the types of Personal Information that We may collect from You includes:

  • Your name;
  • Mailing address and/or billing address;
  • E-mail address;
  • Phone (or mobile) number;
  • Date of birth or age;
  • Credit or debit card number and other information about the same (if You make a payment either directly to Us or by using a third party payment provider that handles payments and will receive Your payment card information);
  • Information about Your bank or checking account (if You make a payment through Your bank transfer);
  • Gift card information or related gift information;
  • Information You provide when You purchase any of Our goods or services, including product or service parameters or preferences You provided when making a purchase; or
  • Information You provide or otherwise involved in the return or exchange of a product, such as information about the transaction, product details, purchase price, and the date and location/media of the transaction.

When a User accesses or otherwise uses the Company Website or any other Company Program, We automatically collect certain Personal Information about You, including:

  • Device Information; Cookies and other Web-based Tracking Technologies: We (or Our service providers or contractors) may collect information about the computer, tablet, phone or other device You use to access any of the Company Programs, including the Internet Protocol address, hardware models, operating system and version, mobile network information and other unique device identifiers. We (or Our service providers) may also use different technologies such as cookies, web beacons, or other types of small temporary files or web-based tracking technologies to gather certain information. Without limiting the foregoing, We hereby notify You of the following:
  • We and/or Our service providers or contractors may use cookies, pixel tags, web beacons, and other similar technologies, which allow Us to, among other things, optimize the Company Website and to understand traffic and usage patterns. A “cookie” is a small data file that is stored on Your hard drive or in connection with Your Internet browser which may be session-based or persistent. Cookies allow parties (including Us, Our service providers and others) to: (a) track Your activities on the Company Website; (b) track clicks, purchases and conversion; (c) recognize Your computer or device so that You are able to save Your preferences and stay logged in to the Company Website without having to re-enter Your account credentials; (d) deliver customized content, messages and advertising to You; (e) preserve the contents of Your shopping cart; and/or (f) otherwise enhance and personalize Your experience on the Company Website. If You do not want information collected through cookies, most devices allow You to decline the use of cookies. However, disabling cookies may result in not being able to use or to enjoy all of the services and features of the Company Website.
  • We and/or Our service providers or contractors may use cookies and other similar technologies, which allow a website to store certain information locally on an individual’s computer or device and then access and use that information to enhance and facilitate certain website experiences, processes and functionality. For more information about cookies, please visit: https://motherdenimcheap.com/pages/cookie-info.
  • We and/or Our service providers or contractors may also use web beacons (also known as “clear GIFs” or “pixel tags”) for similar purposes. These beacons or tags are typically small images embedded into emails or the website that verify when the website is viewed, when an email is opened and when links or other content in an email are clicked or viewed. The following third parties collect Personal Information from You when You visit the Company Website:
    • Shopify & Corresponding Apps
    • ERP System
    • Customer Service Correspondence App
    • Email Marketing App
    • SMS Marketing App
    • ApplePay
    • Paypal
    • AmazonPay
    • Shipping Providers
    • International Localization App
    • A/B Testing App
    • Analytics Enhancement App
    • Returns Management App
    • Paid Media Analytics App
    • Customer Analytics App
    • Site Merchandising and Personalization App
  • Mobile Access from Social Media Platforms and Networks: If You use a social media platform (such as Facebook) or a mobile device or application to interact with the Company Website, these platforms or applications may collect Your Internet Protocol address or other Personal Information about You or information about Your device and they may set a cookie to enable their features to function properly. These platforms or applications may have their own privacy statement and/or privacy policy that governs the use of Personal Information related to that platform or application (see Section 8 regarding Third Party Sites). For example, if You use a mobile application and Your mobile device’s settings allow it, We or Our service providers may collect mobile location information from Your device, whether or not You are logged into Our Company Website. If You have questions about the security and privacy settings of Your mobile device please refer to instructions from Your mobile service provider or the manufacturer of Your device, and for any third-party platform You use to access Our Company Website, please review their privacy policies and terms of use.
  • Geo-Location Data: Subject to any of Your device permissions, We (or Our service providers) may be able to collect information about the precise location of Your device or may gather other general location data based on GPS data, mailing address, and/or billing address (hereinafter collectively referred to as “Geo-location Data”).

Personal Information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated consumer information.

SECTION 2 – HOW WE USE YOUR INFORMATION

  • Provide Service To You: We use Your Personal Information to process purchase transactions, fulfill orders, process exchanges, returns and send shipping notifications, to send support and administrative messages, and to respond to Your comments, questions, and customer service requests;
  • Access and Use: If You provide Personal Information in order to obtain access to or use of the Company Website, We will use the Personal Information to provide You with and monitor such access and use. We may also use Your Personal Information to personalize Your experience and the advertisements and content You see when You use any Company Program based on Your preferences, interests, and browsing and purchasing behavior.;
  • Internal Business Purposes: We may use Your Personal Information for internal business purposes including, without limitation, to:
    • Help Us improve the content and functionality of the Company Website and to better understand Our users, including without limitation to monitor and analyze trends, usage, and activities in connection with Our goods or services;
    • Protect against fraud, including without limitation to perform credit checks, credit card screenings or to otherwise protect against fraud or unauthorized transactions, including by identifying potential unauthorized users or hackers; and/or
    • Otherwise manage Your account and to generally manage the Company Website and Our business.
  • Marketing: We may use Your Personal Information for the following reasons:
    • To communicate with You for certain marketing and advertising purposes, including, without limitation, to inform You about and to facilitate offers, surveys, contests, sweepstakes, or promotions and process and deliver entries and rewards, and to display content and advertising on or off the Company Website which may be of relevance to You; and/or
    • To otherwise communicate with You about any other products, services, offers, and events offered by Us and others, and provide news and information We think will be of interest to You.
    • If You prefer not to receive any of the above mentioned marketing or promotional communications from Us, You may “Opt Out” at any time by following the “Opt Out” instructions in Section 5 herein.
  • Customer Service: If You provide Personal Information for a specific reason (such as the resolution of a customer service issue), We may use the Personal Information in connection with the reason for which it was provided.
  • Aggregated Personal Data: We (either directly or through a service provider) may conduct research on Our customer demographics, interests and behavior based on Personal Information and other information.
  • Social Media: To facilitate Your use of various social media sharing features or other integrated tools (such as the Facebook “Like” button) which You may use as part of social media pages.
  • Other Purposes: To carry out any other purpose described to You at the time the Personal Information is collected.
  • To use with, or otherwise distribute, share or disclose to, any of the Company’s professional advisors such as attorneys or accountants (“Outside Professionals”) in order to facilitate the professional advice from those Outside Professionals; or
  • To use with, or otherwise distribute, share or disclose to, any government agencies or third parties in order to comply with, or otherwise pursuant to, any subpoena, court order, or other governmental order, law or regulation (including without limitation for the Company’s tax reporting).

We will use or share Your Personal Information only for the purposes as described in this Section 2 and in Section 3 herein, unless We reasonably determine We need to use it for another reason and that reason is compatible with the original purpose(s) described herein. For example, We consider de-identification, aggregation, and other forms of anonymization of Personal Information to be compatible with the purposes listed herein and in Your interest because the anonymization of such information reduces the likelihood of improper disclosure of that information. If We need to use Your Personal Information for an unrelated purpose, We will notify You and We will explain the legal basis which allows Us to do so.
PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL INFORMATION WITHOUT YOUR KNOWLEDGE OR ADDITIONAL CONSENT IN COMPLIANCE WITH THIS PRIVACY POLICY AND WHERE DOING SO IS REQUIRED OR PERMITTED BY LAW INCLUDING WITHOUT LIMITATION ANY SUBPOENA OR OTHER TYPES OF COURT ORDERS.

SECTION 3 – SHARING OF YOUR INFORMATION

We may distribute, share or disclose Personal Information about You as follows or as otherwise described herein:

  • Order Fulfillment: If You choose to make a purchase on the Website, MOTHER may provide certain information such as Your credit card number, billing address and other information related to such purchase, to unaffiliated third parties as necessary to complete Your purchase (for example, to process Your credit card and/or ship the products).
  • Service Providers and Contractors: We, like many businesses, sometimes engage other companies to perform certain business-related functions on Our behalf so that We can focus on Our core business. Examples of these services include but are not limited to, payment processing and authorization, third party credit card processors, other third party payment service providers, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those service providers provide for Us, We may grant them access to certain Personal Information or otherwise share or disclose Your Personal Information with these service provides in connection with carrying out the operations of Our Company Programs, including without limitation the following types of service providers that We may engage:
    • Email, internet or other telecommunication service providers;
    • Cloud, other data storage, or other hosting service providers;
    • Third party payment service providers, including without limitation third party credit card processors (see Third Party Application Providers below);
    • Analytics companies who assist Us with various types of data analytics (see Analytics Partners below);
    • Third party shippers; or
    • Other third party contractors We engage to assist Us in providing Our goods and services.
  • Advertising Partners: We may work with third party advertising companies (collectively, “Advertising Partners”) in order to provide You with advertisements or other information that We think may interest You. These Advertising Partners may set or access their own cookies, pixel tags or similar technologies on Our Company Programs or they may otherwise collect or have access to data about You which they may collect over time and across different online services. These Advertising partners may also provide Us with their own independent data about potential customers and such data could include data about You previously collected by the Advertising Partner.
  • Social Media Features: The Company Programs may offer social media features, including certain sharing tools or other integrated tools (such as the Facebook “Like” button), which let You share actions that You take on Our social media pages. Your use of such features enables the sharing of Personal Information with the public, depending on the settings You establish with the entity that provides the social sharing feature.
  • Artificial Intelligence. Service Providers, contractors, and other third parties with whom we share personal information may be utilizing artificial intelligence technology. As such, your information may be automatically collected by a third-party artificial intelligence provider.
  • Business Transfers, Mergers, Sales, or Other Asset Transfers: We may share or disclose or otherwise transfer Your Personal Information to the Company’s Outside Professionals (as defined in Section 2 herein), other advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which We are acquired by or merged with another company or We sell, liquidate, or transfer all or a portion of Our assets. The use of Your Personal information following any of these events will be governed by this Privacy Policy.
  • Affiliates and Subsidiaries: We may disclose Your Personal Information with Our affiliates or subsidiaries for any of the purposes described herein.
  • Third Parties: Third parties may collect personal information from You, as set forth in Section 1 of this Privacy Policy.
  • Legal Requirements, Subpoenas or Similar Government Orders: We may access, preserve, share, or disclose Your Personal Information if We believe doing so is required or appropriate to: (i) comply with all laws or regulations, including any tax reporting requirements of the Company; (ii) comply with any other law enforcement requests or legal process, such as a court order or subpoena; (iii) respond to Your requests; or (iv) protect Your, Our, or others’ rights, property, or safety. FOR THE AVOIDANCE OF DOUBT, WE MAY BE REQUIRED TO DISCLOSE YOUR PERSONAL INFORMATION TO: (I) TAXING AUTHORITIES AS PART OF OUR TAX REPORTING REQUIREMENTS; OR (II) LAW ENFORCEMENT AUTHORITIES OR OTHER GOVERNMENTAL AGENCIES OR VIA SUBPOENA ARISING OUT OF YOUR USE OF ANY UNLAWFUL OR INFRINGING CONTENT WHILE USING ANY COMPANY PROGRAM.
  • Company’s Outside Professionals: We may share or disclose Your Personal Information with any of the Company’s Outside Professionals in order to facilitate the professional advice such Outside Professionals provide to the Company.
  • Aggregated Form: We may make certain automatically-collected, aggregated, or otherwise de-identified Personal Information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding Our Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Company Programs.
  • Other uses: Your Personal Information may be used for other purposes upon obtaining Your permission.

NOTICES
We do not collect or sell Your sensitive data. Sensitive data includes: (a) personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexuality, or citizenship or immigration status; (b) genetic or biometric data that is processed for the purpose of uniquely identifying an individual; (c) personal data collected from a known child; or (d) precise geolocation.

SECTION 4 – ADDITIONAL RIGHTS OF RESIDENTS

We will not share Your Personal Information with third parties for their direct marketing purposes if You request that We do not do so. You may make such a request by sending Us a message using the “Contacting Us” section of this Privacy Policy. When contacting us, please indicate Your name, address, email address, which website or line of business to which Your request pertains, and what Personal Information You do not want Us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of Your Personal Information or for processing this request.

Your Rights Under the California Consumer Privacy Act and Other State Privacy Laws:
In addition to the other notices that We have provided in this Privacy Policy, We hereby provide the following notices to all Residents regarding their rights under applicable state law:

Each User has the right to request that the Company disclose certain information to You about the Company’s collection and use of Your Personal Information. Once the Company receives and confirms Your verifiable consumer request (see Section: Exercising Your Access, Data Portability, Data Correction, and Deletion Rights), the Company will disclose to You (per Your request):

  • The categories of Personal Information We collected about You, including Sensitive Personal Information.
  • The categories of sources for the Personal Information We collected about You.
  • Our business or commercial purpose for collecting, sharing or selling that Personal Information.
  • The categories of third parties with whom We share that Personal Information.
  • The specific pieces of Personal Information We collected about You (also called a data portability request).

Please note that We are not required to:

  • Retain any Personal Information about You if, in the ordinary course of business, that information about You is not retained;
  • Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Information;

Disclosure of Personal Information Sold, Shared, or Disclosed for a Business Purpose
We do not sell consumers’ Personal Information for money. We do, however, share consumers’ Personal Information with certain third parties in ways that might be considered a “sale” of Personal Information under applicable law, even though We do not receive any fee from the third parties in exchange. In connection with any Personal Information We may “sell”, share, or disclose to a third party for a business purpose, You have the right to know:

  • The categories of Personal Information about You that We have sold or shared and the categories of third parties to whom the Personal Information was sold or shared; and
  • The categories of Personal Information that We have disclosed about You for a business purpose and the categories of persons to whom the Personal Information was disclosed for a business purpose.

Each User has the right to request that the Company delete their Personal Information that the Company collected and retained, subject to certain exceptions. Once the Company receives and verifies or authenticates Your consumer request (see Section: Exercising Your Access, Data Portability, Data Correction; and Deletion Rights), if no exception applies, the Company will delete (and direct Our service providers to delete) Your Personal Information from Our records. Each User has the right to request correction of inaccurate Personal Information maintained by Us about You. Upon receipt of a verified or authenticated request from You, We will use commercially reasonable efforts to correct the inaccurate Personal Information.

To exercise the access, data portability, deletion rights, correction rights, and other rights described in this Section 4, the User must submit a verifiable consumer request to the Company by either:

  • Using the contact method provided in the “Contacting Us” section of this Privacy Policy;

If You choose to contact Us directly, You will need to provide Us with:

  • Enough information to identify You (e.g., Your full name, address and customer or matter reference number); and
  • A description of what right You want to exercise and the information to which Your request relates.

Only You, or a person authorized to act on Your behalf, may make a consumer request related to Your Personal Information.

You may also make a verifiable consumer request on behalf of Your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. These requests are free, though We reserve the right to implement a reasonable fee for excessive or complex requests You may submit.

Before responding to a request by You, We will ask You to verify Your identity or authenticate Your request using Personal Information You have previously provided to us, in order to protect Your privacy. The manner in which We do so will vary depending on how You make a request and what is being requested. For example, if You submit an inquiry via our contact method, We will respond with a request for verification. We may ask You for information verbally if You make this request over the phone. Any Personal Information We collect from You to verify Your identity in connection with Your request will be used solely for the purposes of verification.

The verifiable consumer request must:

  • Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected Personal Information or an authorized representative.
  • Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it.

In the event that You are using an authorized agent to request a disclosure, correction or the deletion of Your information, We may ask You to send Us a signed letter, including Your name, email, Your agent’s name, and Your agent’s email, authorizing your agent. We may then ask You to verify Your identity with Us by email before responding to a request by Your agent. Alternatively, You may directly confirm with Us that the agent is authorized to submit the request.

We cannot respond to Your request or provide You with Personal Information if We cannot verify Your identity or authority to make the request and confirm the Personal Information relates to You.

The response We provide will also explain the reasons We cannot comply with a request, if applicable. For data portability requests, We will select a format to provide Your Personal Information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance.

Appeals
Residents may appeal Our decision with respect to a verifiable consumer request by using the contact method provided in the “Contacting Us” section of this Privacy Policy.

Personal Information Sales Opt-Out and Opt-In Rights
If You are 16 years of age or older, You have the right to opt-out and direct Us to not sell Your Personal Information at any time. We do not sell the Personal Information of consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to Personal Information sales may opt-out of future sales at any time.

SECTION 5 – CERTAIN ADDITIONAL CHOICES YOU MAY HAVE ABOUT YOUR INFORMATION

Right to Opt-Out of the Sale or Sharing of Personal Information:
You have the right to opt-out of the sale or sharing of Your Personal Information.

Do Not Sell or Share My Personal Information:
You do not need to create an account with Us to exercise Your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.

Once You make an opt-out request, We will wait at least twelve (12) months before asking You to reauthorize Personal Information sales. However, You may change Your mind and opt back in to Personal Information sales at any time by using the contact method in the “Contacting Us” section of this Privacy Policy.

Right to Limit Use and Disclosure of Sensitive Personal Information:
You have the right to opt-out of the use and disclosure of Your sensitive Personal Information for anything other than supplying requested goods or services.

You do not need to create an account with Us to exercise Your limit use and disclosure rights. We will only use Personal Information provided in a limit use request to review and comply with the request.

Please note that MOTHER can use sensitive Personal Information for the following purposes, and You do not have the right to limit the use and disclosure of sensitive Personal Information being used in the following ways:

  • To perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.
  • To detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted Personal Information, provided that the use of the consumer’s Personal Information is reasonably necessary and proportionate for this.
  • To resist malicious, deceptive, fraudulent, or illegal actions directed at the business and to prosecute those responsible for those actions, provided that the use of the consumer’s Personal Information is reasonably necessary and proportionate for this purpose.
  • To ensure the physical safety of natural persons, provided that the use of the consumer’s Personal Information is reasonably necessary and proportionate for this purpose.
  • For short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with the business, provided that the Personal Information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business.
  • To perform services on behalf of the business, such as maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business.
  • To verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by the business.
  • Once We receive Your Opt Out notice, We will use commercially reasonable efforts, in a commercially reasonable time period, to try to carry out such Opt Out requests, provided, however, We do not have any obligation to retrieve, and cannot prevent the further use by others of, any of Your Personal Information which may have been shared up to that time by Us with other parties as permitted by the provisions of this Privacy Policy.
  • If You elect to Opt Out, and provided You properly delivered Your Opt Out request to the Company in accordance with this Section 5.2,