Privacy policy

This Privacy Policy describes how we, Phoenix Apparel, LLC (d/b/a Phoenix Active) (referred to as "we," "our," or "us"), collect, use, and share your personal information. This Privacy Policy applies to information that we collect when you visit our website available at [SITE URL], interact with the features of our website (including by making purchases, providing product reviews, entering contests, sweepstakes or promotions, filling out surveys, or signing up for our newsletter), or when you interact with us through our email, SMS, advertising campaigns, or social media campaigns (collectively, our "Services"). By accessing or using our Services, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Please see Changes to this Privacy Policy below for more information.

This Privacy Policy does not apply to employees or job applicants. Our Services are not intended for individuals under the age of 16. Therefore, we do not knowingly collect personal information from individuals under 16. If we learn that we have collected personal information from individuals under the age of 16, we will delete that information. 

Additional Privacy Rights
If you are a resident of California, Nevada, Colorado, or Virginia, we explain additional rights that you may have in the U.S. Data Privacy Rights section. These rights are available to you to the extent any U.S. data privacy law applies to us. If we do not meet the thresholds for a specific data privacy law, the rights outlined in the below section do not apply to you.

Information We Collect 
We may collect the following types of personal information: 

• Profile Information: We collect information about you when you create an account or profile, make a purchase, or register to participate in our membership or loyalty programs. We may collect your name, email address, phone number, mailing address, account login name and password, ID, clothing sizes (e.g., pant size and bra size), birthday, social media handle, demographic information, or similar kinds of information. We will associate your interaction with our Services with your profile account, including any user submissions, product reviews, communications, transactions, forms you fill out, promotions you participate in, or similar kinds of activity.
• Information You Provide Us: You may provide us with information, including when you submit images or pictures of you wearing our products, your product reviews, when you fill out forms, participate in promotions, register for events, or similar kinds of activity.
• Avatar Creation: Our Services allow you to shop with us by choosing an avatar. The avatar will be suggested to you based on the size data that you provide to us (e.g., bra size and pant size). When you use an avatar to make purchases, we will associate the avatar that you choose with your profile information and measure the effectiveness of the avatar based on your purchases, returns, and reviews. Our avatars are created from the aggregation and compilation of over one-thousand individuals and do not represent the images, bodies, sizing, or measurements of any particular individual.
• Transaction Data: When you make purchases, we collect information about the transaction, including name, address, telephone number, payment type, payment provider, time, date, products or services purchased or considered, or other similar kinds of data related to your purchase.
• Activity Data: When you interact with our Services, we collect information about your activity through automatic tracking technology (e.g., cookies). This information includes browsing and search history, products viewed, items put into your cart, when you open our emails, interact with SMS messages, interact with our advertisements, or other similar kinds of activity.
• Communication Data: When you communicate with us, we collect your contact information, the date and time of your communications, the content of your communication, online identifiers, your social media profile (if you communicate through social media), or other similar kinds of information and the content of your communications. We collect communications data when you interact with us on social media, such as by tagging us and/or our products or permitting us to follow your social media profile.
• Events and Promotions: When you interact with our events or promotions, you may provide us with Profile information, Communication Data, Activity Data, or Transaction Data in order to participate in the event or promotion. You may also provide us with images or information that we request in order to participate in the event or promotion.
• User Submissions or Product Feedback: You may provide us with user submissions like images of you wearing our products, product reviews, comments, ratings, or feedback about our products (such as quality, fit, etc.).
• Automatically Collected Information: Such as personal identifier, online identifier, internet protocol address, device ID, advertising ID, geographic location (course location not precise location), your device's hardware model, browser type, IP address, operating system version, language settings, usage, and traffic data, how your device interacts with the Services, network information, and mobile network data, browsing history, search history, your access dates and times, pages or screens viewed, how long you spent on a page or screen, the routes by which you access our Services, searches you conduct on the Services, information about your activity on a page or screen, app crashes and other system activity, your use of any hyperlinks available within our Services, information about your interactions with our emails, your Internet service provider (ISP), Mobile Advertising ID, media access control (MAC) address, and identifiers associated with browser cookies, web beacons, and similar technologies we deploy on our Services.

How We Collect Information from You
We collect information in three ways: 

• Directly from You when you provide it to us, for example, when you create an account, create an avatar or profile, enter a contest, reply to an email from us, enter a phone number, or make a purchase;
• Automatically when you interact with our Services (see Cookies and Automatic Tracking Technologies below), including when you open an email from us, messages via SMS, browse our website, or interact with our advertising; and
• From Third Parties, including from our third-party service providers or third-party marketing service providers (See How We Share Your Personal Information for more information about these third parties).

Cookies & Automatic Tracking Technologies
Like many websites and online services, we use cookies, pixels, and other automatic tracking technologies to collect information about your use of our Services. Cookies are alphanumeric identifiers in the form of data files that are inserted and stored by your web browser on your computer's hard drive. 

Through cookies or similar tracking technologies, we collect usage information like your interactions with our Services (as described in more detail above). We associate usage information with your IP address or other ID (e.g, device ID or advertising ID). 

You can set your browser to refuse all or some browser cookies or to alert you when cookies are being set.  

Social Media
Through our Services, we may provide you with access to our social media pages via icons on our website, email, SMS, or you may interact with us directly through our social media pages, including our social media shopping channels. When you interact with us through social media, we receive the personal information that you share with us and information about you from the social media platform. 

The social media platform also collects information about you. The information that you share with the social media platforms or that they collect about you is governed by the privacy policies and terms of service of the social media platform and not by our Privacy Policy. 

How We Use the Information We Collect
We use the personal information that we collect or receive:

• To Provide our Services: Including to provide the website, our virtual shopping experience, allow you to create avatars, remember your preferences, recommend products to you, fulfill your orders or transactions, provide you with information you request, allow you to participate in the interactive features of the Services, for product research and development purposes, to analyze audience size or usage, or for similar purposes.
• To Personalize Your Experience: To monitor, analyze, and audit your engagement with our Services and your interactions with our Services and online ads to better understand your interests and behaviors and customize your experience.
• To Support our Services: Including to communicate with you about your account, communicate with you about products that you purchase, validate information about you, respond to your inquiries, maintain and support our website and features of the website, troubleshoot or repair errors, or for similar purposes.
• To Market our Services: Including to provide you with information, products, or services that you request or that we think may be of interest to you, provide you with discounts or coupons, administer contests and sweepstakes, communicate with entrants, notify winners, award prizes, and comply with applicable law, advertise our services over the Internet, email, SMS, or for similar marketing purposes.
• For Legal Reasons: including to carry out our legal obligations and enforce our rights, investigate misuse or misconduct, protect you or other third parties, prevent fraud, malicious activity, or other privacy or security-related concerns.
• With Your Consent: to fulfill the purposes for which you provided the information or in ways that we disclose to you when you provide the information.

SMS Abandoned Cart Disclosure

Phoenixactive.com uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

How We Share Your Personal Information
We share the personal information that we collect via the Services with: 

Service Providers: Including web hosting providers, eCommerce service providers, wireless carriers, campaign inventory management and shipping providers, payment processing applications (e.g., Stripe), accounting software platforms, product review platforms, loyalty and rewards applications, payment processing providers, legal, accounting, or other similar service providers.
Marketing Service Providers: Including analytics providers (e.g., Google Analytics), third-party advertising agencies, marketing technology providers, email marketing platforms, targeted advertising platforms, contest or sweepstakes technology providers, social media platforms (including social media shopping channels), or other similar service providers.

We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages.

Affiliates: Including entities that we control or that are under common control with us. 
Third Parties for Legal Reasons: including with legal authorities or other third parties if we deem necessary to enforce our rights, or the rights of third parties (including in connection with your breach of this Privacy Policy or any other agreement between us), when required by any applicable law, rule regulation, subpoena, or other legal process, or where we deem it necessary to prevent illegal, harmful, fraudulent, or damaging activities.
The negotiation or execution of a merger or sale of our business.
Some of our marketing service providers collect and use information for their own purposes. Specifically, social media platforms and third-party advertising networks. In addition, payment processors may collect information as both a service provider to us and for their own purposes. 

U.S. States Data Privacy Rights

California Resident Privacy Rights

If you are a California resident, the California Consumer Protection Act (CCPA), as amended by the California Privacy Rights Act (CPRA), may provide you with additional rights regarding your personal information. The rights outlined in this section do not apply to information exempted under the CPRA, including aggregated data, to individuals who are not residents of California, or if we do not meet the applicability thresholds of the CPRA.

CPRA Rights

To the extent provided under the CPRA, and subject to applicable exceptions, California residents have the following rights with respect to the information that we collect:

• The right to know the categories and specific personal information we have collected, the categories and sources from which we collected the personal information, the categories of third parties with whom we share personal information, and the business or commercial purpose for collecting or selling (if applicable) personal information; 
• The right to request a copy of the personal information that we collected during the past 12 months; 
• The right to opt-out of sales of personal information or sharing personal information for cross-contextual behavioral advertising (in each case, where applicable and in accordance with CPRA); 
• The right to request that we delete the personal information that we have collected from you, subject to certain exceptions; 
• The right to correct inaccurate information that we maintain about you;
• The right to limit the disclosure of your sensitive personal information if we use or disclose sensitive personal information; 
• The right to request information about and opt out of automated decision making (if applicable); and 
• The right to exercise the rights described above free from discrimination or retaliation, as prohibited by the CPRA.

We disclose this information for the purposes described in How We Use the Information We Collect and How We Share Your Personal Information in the sections above. 

Sales of Information; Collection of Sensitive Information

We do not "sell" personal information as the term "sell" is traditionally understood. However, we use third-party analytics tools, and our advertising agencies may use targeted advertising platforms on our behalf. To the extent that sharing personal information with these services is considered a "sale" under CCPA, you may opt-out of the sale of your information by [OPT-OUT]. 

We do not provide Services that are directed at individuals under the age of 16. Therefore, we do not have actual knowledge of the collection of information from individuals under the age of 16 and do not have actual knowledge of sales of information of individuals under the age of 16.

Virginia and Colorado Resident Privacy Rights

If you are a Virginia or Colorado resident, the Virginia Consumer Data Protection Act (VCDPA) or the Colorado Privacy Act (CPA) may provide you with additional rights regarding your personal information. The rights outlined in this section do not apply to information exempted under the VCDPA or the CPA, including aggregated data, or to individuals who are not residents of Virginia or Colorado. This section does not apply if we do not meet the applicablity thresholds of the VCDPA or the CPA, as applicable. 

We describe the Information We Collect, How We Use the Information We Collect, and How We Share Your Personal Information in the sections above. 

To the extent provided under the VCDPA or CPA, and subject to applicable exceptions, Virginia and Colorado residents have the following rights with respect to the information that we collect:

• The right to know the personal information that we process about you;
• The right to access personal information that we process about you;
• The right to correct inaccurate information that we maintain about you; 
• The right to obtain a copy of the personal information that we have collected about you;
• The right to opt-out of the processing of personal information for (i) targeted advertising; (ii) the sale of personal data; or (iii) profiling for decisions with legal or other significant effects on the consumer;
• The right to request that we delete the personal information that we have collected from you, subject to certain exceptions; and 
• The right to exercise the rights described above free from discrimination or retaliation as prohibited by the VCDPA or CPA.

Financial Incentives

Financial incentives are programs, benefits, or other offerings, including payments to consumers as compensation, paid in exchange for the disclosure, deletion, or sale of personal information about them. We do not offer financial incentives to a consumer for the disclosure, deletion, or sale of their personal information. 

Exercising Your CPRA, VCDPA, or CPA Rights

California, Virginia, or Colorado residents may exercise their rights by contacting us by phone or email as indicated in the Contact Us section below. Your rights may only be exercised by you or by your designated agent. You may only submit a CCPA request to know twice within a 12-month period.

Your request must include enough information to allow us to reasonably verify that you are the person about whom we collected personal information or an authorized representative, which may include: (1) verifying your account information if you have an account with us; or (2) requesting two forms of identification that are reliable for verification purposes, unless the request includes sensitive information and, in which case, we may require three forms of verification and a signed declaration. The information included in your request must allow us to properly understand, evaluate, and respond to it.

We cannot respond to your request if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. If we cannot verify your identity or authority, we will not fulfill your request. We will only use personal data provided in the request to verify the requestor's identity or authority to make it.

You may submit a request through a designated agent. You must instruct that agent that they will need to state that they are acting on your behalf when making the request, have reasonably necessary documentation, and be prepared to provide the necessary personal information to identify you in our database.

California Shine the Light Disclosure

Under California Civil Code sections 1798.83- 1798.84, California residents are entitled to ask for a notice identifying the categories of personal customer data which we share with our affiliates and/or third parties for their own direct marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the address in the Contact Us section below. 

Nevada Resident Privacy Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain information to third parties who intend to license or sell that information. If we sell your information, you can exercise this right by contacting us by submitting a communication as directed in the Contact Us section below. If the request is via email, please include the subject line "Nevada Do Not Sell Request" and provide us with your name and email address.

Data Retention
We retain personal information for as long as required to engage in the uses described in this Privacy Policy unless a longer retention period is required by applicable law. 

Security
We take the security of your information seriously and take precautions, including technical, administrative, and physical measures, to safeguard your information collected through the Services. However, no method of online data transfer, processing, or storage is 100% secure, and we do not guarantee the security of your personal information. 

Links
The Services may contain links to third-party sites and services. We do not endorse and are not responsible for the privacy practices or the content of these third-party sites or services. We exercise no control over how your information is stored, maintained, or displayed by third parties or on third-party sites. 

Your Choices 
We strive to provide you with choices regarding the personal information you provide to us. The following mechanisms allow you to control the information that we receive: 

• Tracking Technologies and Advertising: You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Services may not be accessible or not function properly. You can opt out of our advertising or promotional cookies by setting your cookie preferences [HERE].
• Promotional Offers. If you wish to opt-out of our promotional communications or newsletters you can opt-out by sending us an email stating your request to the email address identified in the Contact Us section below or by clicking "unsubscribe" in response to our email. This opt-out does not apply to communications about transactions or purchases that you make, or other operational communications. 
• SMS Messaging Opt-Out: If you have participated in an SMS campaign, you may opt-out by texting "STOP" to the short code provided in that message or by contacting us as directed in the Contact Us section.

Changes to this Privacy Policy

We may change this Privacy Policy at any time. If we change this Privacy Policy, we will notify you of the changes by posting them at https://www.phoenixactive.com/privacy-policy or by providing you with notice of the modification by email. We will indicate when such changes are effective by updating the effective date at the top of this Privacy Policy. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you indicate your agreement to the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, please do not use the Services. 

Contact Us

To contact us you may email us at  info@phoenixactive.com. You may also submit a request by calling us at: 844-310-0971.