Privacy and Cookies

PRIVACY POLICY

This privacy policy (“Privacy Policy”) applies to the information collected by 3rd Rail Limited (“3rd Rail”), both offline and online, including through www.itspopitsart.com and through any interactive features, applications, widgets, blogs, social networks and other online or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device or other technology (collectively, “3rd Rail Websites” or “Websites”).  Please note that when you enter any subsites accessible through www.itspopitsart.com, such subsites may have their own specific privacy policies.  Additionally, the websites of affiliated 3rd Rail companies, including some that are linked to/from the 3rd Rail Websites,  and internet domains that are linked to/from the 3rd Rail Websites, may have different policies; therefore, please review the privacy policy notices on those websites if you visit them.

This Privacy Policy explains the information that 3rd Rail may collect when you interact with us and our practices with respect to that information.  Please read this Privacy Policy carefully. In addition, please review our Terms & Conditions, which govern your use of the 3rd Rail Websites.

Notice to California Residents — Your California Privacy Rights: If you are a California resident, you have the right to receive: (a) information identifying any third party(ies) to whom 3rd Rail may have disclosed, within the preceding calendar year, your personal information for that third party’s direct marketing purposes; and (b) a description of the categories of personal information disclosed. To obtain such information free of charge. To request such information please write to us at 3rd Rail Limited, 52-56 Verney Road, Bermondsey, London, SE16 3DH, or submit your request to sales@3rdrailclothing.co.uk.  3rd Rail will respond to these requests within thirty (30) days. Requests that come to 3rd Rail by other means may result in a delayed response.

COLLECTION OF INFORMATION

Information You Provide To 3rd Rail

In General. While 3rd Rail does not generally require that you provide us with personally identifiable information in order to visit and use the 3rd Rail Websites, please note that in order to participate in some activities, such as sweepstakes, contests and other promotions (collectively, “Promotions”) and chat rooms or bulletin boards, we may ask you to provide information that could reasonably be used to contact you or to identify you personally (such as first and last name, e-mail address, mailing address and telephone number) (“Personal Information“). We may also ask you to provide other information about yourself, such as demographic information (such as gender, geographic region, age, etc.) or certain information about your preferences and interests.  If you choose not to provide such Personal Information or other information to us, you may not be able to participate in certain activities we offer. If we combine demographic or other information we collect about you with Personal Information about you, we will treat the combined information as Personal Information.

Individuals Under 13. The 3rd Rail Websites are open to all individuals, though some Promotions may have age restrictions.  We do not knowingly collect or permit the collection, storage or use of any Personal Information from anyone under 13. If you are a parent or guardian who knows or has discovered that your child under the age of 13 has submitted his or her Personal Information or other information without your consent, permission or authorization, upon request, we will promptly: (a) provide direct notice to you indicating what, if any, Personal Information of your child has been collected and how it has been used and/or disclosed; (b) remove your child’s Personal Information or other information from our database, cease the use of such information and direct any other party with access to such information to do the same; and (c) by notice to you, confirm compliance with the foregoing.

For Promotions. We may offer opportunities to enter into Promotions that we offer, on our own or jointly with a third party. Such Promotions may require registration and the disclosure of both Personal Information and non-Personal Information. In the event that a Promotion is offered jointly with a third party, as a result of your participation in such Promotion, your Personal Information and non-Personal Information may be shared with such third party, which sharing we will disclose to you at the time you provide your information.  By entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other third parties connected to the Promotion to use your name, voice and/or likeness in advertising and marketing materials. Therefore, always carefully read the rules of the Promotion before entering.

Information 3rd Rail Collects Automatically

In addition to any Personal Information or other information that you choose to provide to us via the 3rd Rail Websites, whenever you visit or interact with the 3rd Rail Websites, 3rd Rail automatically collects certain information such as your IP address and/or another unique identifier (“Device Identifier”) for the computer, mobile device, technology or other device (“Device”) you use to access the 3rd Rail Websites and any referring website. (A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers. Our computers identify your Device by its Device Identifier.) Some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the Device used to access the Websites.

In addition, 3rd Rail, as well as certain third-party analytics and other service providers, may use a variety of technologies that automatically or passively collect information about how you use the 3rd Rail Websites (“Usage Information”). Usage Information may include, in part, browser type, operating system, the page served, the time at which a page was accessed and/or the time spent on a page, and the preceding pages views. Usage Information is generally non-identifying, but if 3rd Rail associates it with you as a specific and identifiable person, we will treat it as Personal Information.

Cookies And Other Tracking Technologies

The technologies used on the 3rd Rail Websites to collect Usage Information, including Device Identifiers, may include:

Cookies. “Cookies” (which may be html files, Flash files or other technology) are small text files that help store user preferences and activity.  A Cookie is placed on a Device when it is used to visit the 3rd Rail Websites or otherwise access our online offerings. Cookies may be used for many purposes, such as remembering you and your preferences, tracking your visits to our web pages and customizing your 3rd Rail Website experience. If you choose to disable cookies on your Device, some features of our Websites or our online offerings may not function properly.

Web Beacons. “Web beacons” (also known as image tags, pixel tags, GIFS or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the 3rd Rail Websites, to monitor how users navigate the 3rd Rail Websites, to count how many sent e-mails were actually opened or to determine whether content sent was actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the 3rd Rail Websites, such as the links you click on. The code is temporarily downloaded onto your Device from our server or a third party service provider, is active only while you are connected to the Websites, and is deactivated or deleted thereafter.

Information 3rd Rail Receives From Third Parties

3rd Rail may receive information about you from third parties. In addition, if you are on another website and you opt-in to receive information from us, that website will forward to us your e-mail address and other information about you so that we may contact you as requested. We may also supplement the information we collect about you with outside records from third parties in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. When we obtain Personal Information from third parties, we will apply this Privacy Policy to the Personal Information received, unless we have disclosed otherwise.

SOCIAL MEDIA APPLICATIONS

Functionality on the 3rd Rail Websites may permit interactions between such 3rd Rail Websites and a third-party website, such as enabling you to “like” a product or “share” content to third-party websites.  If you choose to “like” or “share” content or to otherwise post information from or via the 3rd Rail Websites to a third-party website, feature or application, that information may become public and the third-party web site may have access to information about you and your use of the 3rd Rail Websites.

You may also choose to participate in a third party application or feature (such as one of our Facebook applications or a similar application or feature on a third-party website) through which you allow us to collect and share (or the third party to share) information about you, including Personal Information. The third party may allow you to remove the application or feature, in which case we will no longer collect information about you through the application or feature, but we may retain the information previously collected. In addition, we may receive information about you if other users of a third-party website give us access to their profiles and you are one of their “connections,” or if information about you is otherwise accessible through your “connections” web page, profile page, or similar page on a social networking or other third-party website or interactive service.

USES OF THE PERSONAL INFORMATION 3rd Rail COLLECTS

3rd Rail will use the information it collects, including your Personal Information:

to tailor your experience on the 3rd Rail Websites;

to determine which products and services we offer may be of interest to you;

to provide you with information about Promotions or other offerings that may be of interest to you;

to provide you with support and answer questions or other requests; and

for other purposes disclosed to you at the time you provide the Personal Information.

We may also use the information we collect to improve the 3rd Rail Websites and our products and services, for internal business purposes, and to contact you with regard to your use of the 3rd Rail Websites and, in our discretion, changes to any of our policies.

When and With Whom 3rd Rail May Share Information Collected

Non-Personal Information. We may share non-Personal Information, such as aggregate user statistics, demographic information, and Usage Information with third parties for a variety of purposes, including tailoring promotions, advertising and communications we present to you.

Personal Information. We may also share your Personal Information, as specifically disclosed at the time you provide your Personal Information and in the following circumstances:

To Affiliates, Other 3rd Rail Companies and Third-Parties.

To Affiliates and Other 3rd Rail Companies. 3rd Rail may share your Personal Information with companies affiliated with 3rd Rail (“Affiliates”), so that those Affiliates can (i) assist us with fulfilling your requests or improving our products, content, services or advertising; and/or (ii) contact you about products, content, services or other offerings that may be of interest to you.  For purposes of this Privacy Policy, Affiliates means 3rd Rail, 52-56 Verney Road, Bermondsey, London, SE16 3DH, any company with respect to which 3rd Rail owns, directly or indirectly, 50% or more of its outstanding shares, and any company with the name “3rd Rail” as a part of its trade name.

To Third-Party Service Providers Providing Services On 3rd Rail’s Behalf. We may from time to time employ third parties to perform functions on our behalf, and thus, we may also share your Personal Information with third party service providers that assist us with providing content, fulfilling your requests, improving our products, content, services or advertising, or otherwise performing services for 3rd Rail.  As one example, if you access content or services that are published, developed or supported by an Affiliate or third party, your Personal Information may be shared with that Affiliate or third party for purposes related to that content or those services, including service administration and/or development. Additionally, we may share your information in order to host or operate the 3rd Rail Websites, for data analysis purposes, and for the administration of Promotions, such as in connection with winner selection and prize fulfillment.

When You Consent To Have Your Personal Information Shared or Otherwise Request That We Share Your Information. We may offer you the opportunity to consent to the sharing of your information with third parties. Such reasons include, without limitation, so that you are able to receive information and/or marketing offers from third parties. Additionally, you may request, sometimes through your use of an interactive feature or third- party application, that we share Personal Information about you with a third party, and we will typically do so in those circumstances. If you agree or request to have your Personal Information shared (either by opting in, choosing not to opt-out or using a specific feature of the 3rd Rail Websites), your Personal Information will be disclosed to the applicable third party(s) and the Personal Information you disclose will be subject to the privacy policy and business practices of such third party(s); therefore, please consult the respective privacy policies of each third party.  If you consent or request to receive communications from third parties, you will need to communicate with them directly if you later decide that you no longer wish to receive their communications.

The provisions above apply to our sharing of Personal Information with Affiliates and third-party service providers.  They do not cover use of Personal Information that those Affiliates and third-party service providers collect directly from you.  Such use of Personal Information is covered by the relevant Affiliate’s and/or third party’s privacy policy and not this Privacy Policy.

Business Transactions. We may share your Personal Information with other entities affiliated with us for internal reasons, primarily for business and operational purposes including any corporate reorganization, restructuring or other corporate change. In addition, 3rd Rail or any of its assets, including the 3rd Rail Websites, may be sold, or other transactions may occur in which your Personal Information is one of the key business assets in the transaction. In such a case, your Personal Information may be one of the business assets we transfer. Hence, 3rd Rail reserves the right to disclose and transfer user information, including Personal Information, in connection with any activity and/or transaction described above.

Legal Protections and Law Enforcement. We may transfer and disclose information, including your Personal Information, Usage Information and Device Identifier (including IP address), to third parties: (i) to comply with legal obligations; (ii) when we believe in good faith that the law requires it; (iii) at the request of governmental authorities conducting an investigation; (iv) to verify or enforce our Terms & Conditions or other applicable policies; (v) to respond to an emergency; or (vi) to otherwise protect the rights, property, safety or security of third parties, visitors to the 3rd Rail Websites or the public. We may also use Device Identifiers to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies, in our discretion. Such disclosures may be carried out without notice to you.

LINKS TO AND 3RD RAIL CONTENT ON OTHER WEBSITES

The 3rd Rail Websites may contain links to other websites that are operated and controlled by third parties that we do not control. This includes links of advertisers, sponsors and partners that may use our logo(s) as part of a co-branding agreement. In addition, 3rd Rail content or widgets may be included on web pages and websites that are not associated with us and over which we have no control. These other websites may send their own cookies to your Device, and they may independently collect data or solicit Personal Information. A link from any 3rd Rail Website to any other website does not mean that 3rd Rail approves of, endorses, or recommends that website. 3rd Rail provides such links for your convenience and is not responsible for the content of any website linked to or from any 3rd Rail Website. Moreover, 3rd Rail is not responsible for the privacy practices of any third party, and it disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.

SECURITY

3rd Rail uses commercially reasonable safeguards to help protect and secure your Personal Information, and we use reasonable efforts to obtain the agreement of our Affiliates and third-party service providers to take steps to protect the confidentiality, security, and integrity of Personal Information we share with them. However, no electronic data transmission or storage of information can be guaranteed to be 100% private and secure. Please be careful to avoid ‘phishing’ schemes, where someone may send you an e-mail that looks like it is from 3rd Rail asking for your Personal Information.  3rd Rail will never request your Personal Information through e-mail.  You understand that any message or information you send to a 3rd Rail Website may be read or intercepted by others. 3rd Rail does not ensure or warrant the security of any information you transmit to us, and you use the 3rd Rail Websites and provide us with your information at your own risk.

To help protect you and others, we monitor use of the 3rd Rail Websites, and we use the information we collect, including Personal Information, to identify fraudulent activities and transactions; prevent abuse of and investigate and/or seek prosecution for any potential threats to or misuse of the 3rd Rail Websites; ensure compliance with the Terms and Conditions and this Privacy Policy; investigate violations of or enforce these agreements; and otherwise to protect the rights and property of 3rd Rail, its partners, and customers. Monitoring may result in the collection, recording, and analysis of online activity or communications through the 3rd Rail Websites. If you do not consent to these conditions, you must discontinue your use of the 3rd Rail Websites.

CONSENT TO PROCESSING

The 3rd Rail Websites are operated globally. By using the 3rd Rail Websites, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information globally, including to jurisdictions in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.

POLICY GOVERNS USE: CHANGES TO PRIVACY POLICY

The terms of this Privacy Policy will govern the use of any information collected while it is in place.  3rd Rail reserves the right to change this Privacy Policy at any time, without prior notice to you, and any changes will become effective immediately upon posting. Your continued use of the 3rd Rail Websites after posting of any changes to this Privacy Policy will constitute acceptance of, and agreement to be bound by, those changes. Thus, please review this Privacy Policy periodically.

QUESTIONS

If you have any questions or comments about our practices regarding Personal Information or about this Privacy Policy, please write to us at 3rd Rail Limited, 52-56 Verney Road, Bermondsey, London, SE16 3DH or submit your request to sales@3rdrailclothing.co.uk