Privacy Policy

1. Introduction

Welcome to Mossimo. We are committed to protecting your privacy and ensuring transparency about how we collect, use, and safeguard your personal information. This Privacy Policy applies to our official website, themossimo.com, and describes our practices regarding data collection and usage when you visit our site, browse our collections, or interact with our brand.

By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy. If you do not agree with our practices, please do not use our website.

2. Information We Collect

We collect various types of information to provide and improve our services, personalize your experience, and communicate with you effectively.

2.1 Information You Provide Directly

When you interact with our website, you may voluntarily provide us with personal information, including:

• Contact Information: Name, email address, phone number, and mailing address when you contact us, subscribe to our newsletter, or fill out forms on our website
• Account Information: Username, password, and preferences if you create an account with us
• Communication Data: Messages, feedback, questions, or other information you submit through contact forms, email, or customer service interactions
• Survey and Research Data: Responses to surveys, questionnaires, or market research we conduct

2.2 Information Collected Automatically

When you visit our website, we automatically collect certain information about your device and browsing behavior:

• Device Information: IP address, browser type and version, operating system, device identifiers, and mobile network information
• Usage Data: Pages visited, time spent on pages, links clicked, search queries, referring/exit pages, and browsing patterns
• Location Data: General geographic location based on your IP address
• Cookies and Tracking Technologies: Data collected through cookies, web beacons, pixel tags, and similar technologies (see Section 6 for details)

2.3 Information from Third-Party Sources

We may receive information about you from third-party partners, including:

• Amazon Associates Program: When you click on product links to Amazon.com, we may receive aggregated data about clicks and purchases through our Amazon affiliate partnership (Amazon tag: themossimo-20). We do not receive your personal Amazon account information or detailed purchase data
• Analytics Providers: Information from third-party analytics services that help us understand website traffic and user behavior
• Social Media Platforms: Publicly available information from social media platforms if you interact with our social media pages

3. How We Use Your Information

We use the information we collect for various legitimate business purposes, including:

3.1 Website Operation and Improvement

• Providing, maintaining, and improving our website functionality and user experience
• Personalizing content and product recommendations based on your interests
• Analyzing website usage patterns to optimize performance and design
• Troubleshooting technical issues and ensuring website security

3.2 Communication and Customer Service

• Responding to your inquiries, questions, and customer service requests
• Sending administrative communications about website updates, policy changes, or service announcements
• Providing information about our products, collections, and brand updates (with your consent)
• Sending marketing communications, newsletters, and promotional offers (with your consent, and you may opt out at any time)

3.3 Business Operations

• Managing our Amazon Associates affiliate program participation
• Conducting market research and understanding customer preferences
• Detecting, preventing, and addressing fraud, security issues, or technical problems
• Complying with legal obligations and enforcing our terms and policies
• Protecting our rights, property, and safety, and that of our users

3.4 Analytics and Research

• Analyzing trends, demographics, and user behavior to improve our products and services
• Creating aggregated, anonymized data for business intelligence purposes
• Developing new products, features, and collections based on customer insights

4. Legal Basis for Processing (GDPR)

If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, we process your personal data based on the following legal grounds:

• Consent: When you have given explicit consent for specific processing activities, such as receiving marketing communications
• Contractual Necessity: When processing is necessary to fulfill our obligations to you or at your request prior to entering into a contract
• Legitimate Interests: When we have a legitimate business interest that does not override your privacy rights, such as improving our website, conducting analytics, or preventing fraud
• Legal Obligation: When we must process data to comply with legal or regulatory requirements

5. How We Share Your Information

We do not sell your personal information to third parties. We may share your information in the following limited circumstances:

5.1 Service Providers

We work with trusted third-party service providers who assist us in operating our website and conducting our business. These providers may have access to your personal information only to perform specific tasks on our behalf and are contractually obligated to protect your data:

• Web Hosting and Infrastructure: Providers that host our website and ensure its technical operation
• Analytics Services: Platforms like Google Analytics that help us understand website usage
• Email Service Providers: Services that help us send newsletters and communications
• Customer Service Tools: Platforms that enable customer support and communication

5.2 Amazon Associates Program

As a participant in the Amazon Associates Program, we include affiliate links to Amazon.com products on our website. When you click these links and make purchases on Amazon, we may earn a commission. Amazon may collect information about your visit through these links in accordance with Amazon’s own privacy policy. We encourage you to review Amazon’s Privacy Notice to understand how Amazon collects and uses your information.

5.3 Legal Requirements and Protection

We may disclose your information when we believe in good faith that disclosure is necessary to:

• Comply with applicable laws, regulations, legal processes, or governmental requests
• Enforce our Terms of Service, policies, or other agreements
• Protect our rights, property, or safety, or that of our users or the public
• Detect, prevent, or address fraud, security, or technical issues
• Respond to claims that content violates the rights of third parties

5.4 Business Transfers

If Mossimo is involved in a merger, acquisition, reorganization, sale of assets, or bankruptcy, your information may be transferred as part of that transaction. We will notify you via email and/or prominent notice on our website of any change in ownership or use of your personal information.

5.5 With Your Consent

We may share your information with third parties when you have given us explicit consent to do so for a specific purpose.

6. Cookies and Tracking Technologies

Our website uses cookies and similar tracking technologies to enhance your browsing experience, analyze website traffic, and personalize content.

6.1 What Are Cookies?

Cookies are small text files stored on your device when you visit a website. They help websites remember your preferences, recognize you on return visits, and collect information about how you use the site.

6.2 Types of Cookies We Use

Cookie Type	Purpose	Duration
Essential Cookies	Necessary for website functionality, security, and navigation	Session or up to 1 year
Performance Cookies	Collect anonymous data about website usage and performance	Up to 2 years
Functionality Cookies	Remember your preferences and personalize your experience	Up to 1 year
Advertising Cookies	Track affiliate links and marketing campaign effectiveness	Up to 90 days

6.3 Third-Party Cookies

Our website may also use third-party cookies from services such as Google Analytics, Amazon Associates, and social media platforms. These third parties may use cookies to collect information about your online activities across different websites.

6.4 Managing Cookies

Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies or alert you when cookies are being sent. Please note that disabling cookies may affect the functionality of our website and limit your ability to use certain features. To learn more about cookies and how to manage them, visit www.allaboutcookies.org.

7. Your Privacy Rights

Depending on your location, you may have certain rights regarding your personal information. We are committed to honoring these rights and providing you with control over your data.

7.1 General Rights (All Users)

• Access: Request a copy of the personal information we hold about you
• Correction: Request that we correct inaccurate or incomplete information
• Deletion: Request that we delete your personal information, subject to legal exceptions
• Opt-Out: Unsubscribe from marketing communications at any time by clicking the unsubscribe link in our emails or contacting us directly

7.2 GDPR Rights (EEA, UK, Switzerland)

If you are located in the European Economic Area, United Kingdom, or Switzerland, you have additional rights under the General Data Protection Regulation (GDPR):

• Right to Access: Obtain confirmation of whether we process your data and receive a copy of your personal data
• Right to Rectification: Request correction of inaccurate or incomplete personal data
• Right to Erasure: Request deletion of your personal data under certain circumstances
• Right to Restrict Processing: Request that we limit how we use your data in specific situations
• Right to Data Portability: Receive your data in a structured, machine-readable format and transfer it to another controller
• Right to Object: Object to processing based on legitimate interests or for direct marketing purposes
• Right to Withdraw Consent: Withdraw consent at any time where processing is based on consent
• Right to Lodge a Complaint: File a complaint with your local data protection authority

7.3 CCPA Rights (California Residents)

If you are a California resident, you have rights under the California Consumer Privacy Act (CCPA):

• Right to Know: Request disclosure of the categories and specific pieces of personal information we have collected about you, the sources of that information, the purposes for collection, and the categories of third parties with whom we share it
• Right to Delete: Request deletion of your personal information, subject to certain exceptions
• Right to Opt-Out of Sale: Opt out of the sale of your personal information (note: we do not sell personal information)
• Right to Non-Discrimination: Exercise your privacy rights without receiving discriminatory treatment

7.4 Other U.S. State Privacy Rights

Residents of Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), Utah (UCPA), and other states with comprehensive privacy laws may have similar rights, including rights to access, correction, deletion, data portability, and opt-out of targeted advertising or profiling.

7.5 How to Exercise Your Rights

To exercise any of your privacy rights, please contact us using the information provided in Section 12 below. We will respond to your request within the timeframe required by applicable law (typically 30-45 days). We may need to verify your identity before processing your request to protect your privacy and security.

8. Data Retention

We retain your personal information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy, comply with legal obligations, resolve disputes, and enforce our agreements. The specific retention period depends on the type of information and the purpose for which it was collected:

• Contact and Communication Data: Retained for up to 3 years after your last interaction with us, unless you request deletion
• Account Information: Retained for the duration of your account plus up to 1 year after account closure
• Website Usage and Analytics Data: Retained in aggregated, anonymized form indefinitely for business intelligence purposes
• Marketing Data: Retained until you opt out or request deletion, after which we retain only the minimum information necessary to honor your opt-out request
• Legal and Compliance Data: Retained as long as required by applicable law or regulation

When personal information is no longer needed, we will securely delete or anonymize it in accordance with our data retention and destruction policies.

9. Data Security

We take the security of your personal information seriously and implement appropriate technical and organizational measures to protect it from unauthorized access, disclosure, alteration, or destruction. Our security practices include:

• Encryption: We use industry-standard SSL/TLS encryption to protect data transmitted between your browser and our servers
• Access Controls: We limit access to personal information to authorized employees and service providers who need it to perform their duties
• Security Training: We train our personnel on data protection best practices and privacy requirements
• Regular Monitoring: We monitor our systems for potential vulnerabilities and security incidents
• Vendor Management: We require our third-party service providers to implement appropriate security measures and protect your data

While we strive to protect your personal information, no method of transmission over the internet or electronic storage is completely secure. We cannot guarantee absolute security, but we are committed to continuously improving our security practices and responding promptly to any security incidents.

10. International Data Transfers

Mossimo operates from the United States. If you are accessing our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States or other countries where our service providers operate.

These countries may have data protection laws that differ from those in your country of residence. By using our website, you consent to the transfer of your information to the United States and other countries for the purposes described in this Privacy Policy.

For users in the European Economic Area, United Kingdom, or Switzerland, we implement appropriate safeguards to protect your personal data when it is transferred internationally, such as:

• Standard Contractual Clauses approved by the European Commission
• Adequacy decisions recognizing certain countries as providing adequate data protection
• Certification under recognized data protection frameworks where applicable

11. Children’s Privacy

Our website is not directed to children under the age of 16, and we do not knowingly collect personal information from children under 16. If you are a parent or guardian and believe that your child has provided us with personal information without your consent, please contact us immediately at hello@themossimo.com.

If we become aware that we have collected personal information from a child under 16 without parental consent, we will take steps to delete that information as quickly as possible. We are committed to complying with the Children’s Online Privacy Protection Act (COPPA) and other applicable children’s privacy laws.

12. Third-Party Links and Services

Our website may contain links to third-party websites, including Amazon.com (through our Amazon Associates affiliate links), social media platforms, and other external sites. This Privacy Policy applies only to our website and does not cover the privacy practices of third-party websites or services.

We are not responsible for the privacy policies, practices, or content of third-party websites. When you click on a third-party link and leave our website, you are subject to that third party’s privacy policy and terms of service. We encourage you to review the privacy policies of any third-party websites you visit to understand how they collect, use, and protect your information.

Amazon Associates Disclosure: As an Amazon Associate, we earn from qualifying purchases made through affiliate links on our website (Amazon tag: themossimo-20). When you click on an Amazon product link, you will be redirected to Amazon.com, and your subsequent activities on Amazon are governed by Amazon’s Privacy Notice, not this Privacy Policy.

13. California “Shine the Light” Law

California Civil Code Section 1798.83 permits California residents to request information about our disclosure of personal information to third parties for their direct marketing purposes. We do not share personal information with third parties for their direct marketing purposes. If you have questions about this, please contact us at hello@themossimo.com.

14. Do Not Track Signals

Some web browsers include a “Do Not Track” (DNT) feature that signals to websites that you do not want your online activities tracked. Currently, there is no universal standard for how websites should respond to DNT signals. At this time, our website does not respond to DNT signals or similar mechanisms. We will continue to monitor developments in DNT technology and may update our practices in the future.

15. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. When we make material changes, we will notify you by:

• Posting the updated Privacy Policy on this page with a new “Last Updated” date
• Sending an email notification to the address associated with your account (if applicable)
• Displaying a prominent notice on our website homepage

We encourage you to review this Privacy Policy periodically to stay informed about how we collect, use, and protect your information. Your continued use of our website after changes are posted constitutes your acceptance of the updated Privacy Policy.

If we make changes that materially affect your rights or how we use your personal information, we will provide advance notice and, where required by law, obtain your consent before the changes take effect.

16. Contact Information

If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us:

17. Complaints and Data Protection Authorities

If you believe that we have not adequately addressed your privacy concerns or handled your personal information appropriately, you have the right to lodge a complaint with a supervisory authority.

EEA, UK, and Switzerland Residents: You may file a complaint with your local data protection authority. A list of EU data protection authorities is available at https://edpb.europa.eu/about-edpb/board/members_en. For UK residents, contact the Information Commissioner’s Office (ICO) at https://ico.org.uk.

U.S. Residents: You may contact your state Attorney General’s office or the Federal Trade Commission.

We encourage you to contact us first so we can address your concerns directly and work toward a resolution.