Privacy Policy

US Privacy Policy
EU Privacy Policy

Who are we and what is the scope of this Privacy Policy?

To enable you to use our e-commerce shop operated on our website and to enjoy our products, Torquay eTrading LLC (“we”, “us”, “our” or “Tough Outfitters”), processes certain personal information. This Privacy Policy describes our personal information processing operations and provides you with information of your rights related to the same.

This Privacy Policy covers websites operated under our domain (https://toughoutfitters.com/), including our e-commerce store and related activities e.g., organizing delivery and carrying out marketing operations. Kindly observe that our websites may include links to external third-party websites which are neither operated by us nor covered by this Privacy Policy. To learn more about the data processing operations carried out by these third parties, we advise you to review their privacy policies.

Furthermore, in the event you order our products through a third-party website (e.g., Amazon), such third parties process your personal information for their own purposes. For further information regarding their processing operations, please see their applicable privacy policies.

If you wish to learn more about how to opt out of “sale” or sharing of your personal data, targeted marketing or profiling, kindly see Your Privacy Choices.

What personal information do we process and for which purposes?

Provision of services

It is necessary for Tough Outfitters to process your contact information including name, phone number, email address and delivery address information, as well as your payment and order information (e.g., payment method, product information, order date and shipping method) in order to:

• Execute the purchase agreements including dispatch, delivery and payment processing;
• Respond to inquiries, manage your account and provide other customer service;
• Manage claims and process returns, complaints and warranty claims;
• Provide non-promotional service communications to you relating to e.g., technical, security-related topics and contractual matters (e.g., fraud warnings, account blocking or contractual changes);
• Provide further services requested by you.

Marketing

We also process your information, including email address and phone number, for marketing purposes. To the extent the content of the marketing communications is personalized, we may also process your order history (i.e., products bought before) as well as your interests as indicated by the cookies and other trackers. The marketing operations may include:

• sending newsletters, reminders, product updates, recommendations, promotional offers and other promotional communications to your email address;
• communicating promotional messages to you via text messages and WhatsApp or Facebook Messenger applications;
• targeting promotional content to you and to third parties on online platforms including social media platforms such as Facebook, Instagram or TikTok;
• Sending push notifications, including marketing communications, to you.

In the event you wish to object to our use of your personal information for marketing operations, Tough Outfitters provides you with the ability to do so by using the unsubscribe links, by writing us an email or, if applicable, by changing the marketing settings in your profile.

In order to enhance your experience, provide you with tailored communications and promotions as well as to enable you to collect loyalty points and receive personalized discounts, we collect certain information to assign you to a customer segment and create you a client profile. In addition to the personal information defined above, including your name and address information, the assigned segment and created profile are based on:

• your purchase history;
• your device and network information;
• your actions on our website and on third-party websites, unless you have declined cookies and other trackers;
• your interaction with our communications, including social media pages via pixels and personalized URLs;
• your birthday if you have provided it.

Community

We hope that you are happy with our products and would like to hear your feedback and wishes for improvements or new products. For this purpose, we may operate a client community on Facebook. We process group insights metrics about the group, including member activity and engagement within the group in order to e.g., understand how you engage within the group, see who the most active group members are and to learn which posts have the most engagement.

We have created a referral program where you recommend us and our products to your friends. To do so you can either share your personal code with your friends or submit your friends’ contact details, and they will be notified through the given channel (e.g., via email). We will inform your friend of your referral and provide adequate information about our privacy practices in the first communication. If you choose to share your code and your friend uses it or if you are the friend using the code, we will retain this information in your customer profile to provide you with the discounts or other benefits related to the use of the code.

Blog

We may operate a blog on our website. This enables you to interact with our blog and other readers by submitting your comments as well as by subscribing to notifications when new comments or blog articles are posted. If you choose to leave a comment the personal information processed is your name or your chosen username (pseudonym) that is publicly available on the website as well as your email address and IP address which are processed in a non-public manner.

Other purposes

We may also use the categories of personal information mentioned above as well as information, that can be defined as personal information, collected by our essential cookies for the following purposes:

• maintenance of security of our website and services, including preventing data breaches;
• fraud prevention;
• research and development of our website and services, provided that the information is in in summarized, pseudonymized or anonymized form;
• compliance with laws or court orders (e.g., to carry out applicable anti-money laundering or know your customer checks);
• establishment, exercise or defense of legal claims.

From where do we get your personal information and with whom do we share it?

In general, we process personal information that is directly provided by you to us or that is derived from your use of our services. In the course of our business operations, we also rely on service providers who support us in providing our services and products to you and who may, subject to appropriate agreements and security measures, disclose your personal information to us or with whom we may share your personal information. Such service providers may include:

• e-commerce platforms;
• payment service providers;
• credit check agencies;
• customer service and relationship management platforms;
• customer support services (e.g., chat providers);
• marketing platforms and services, including social media platforms and conversion tracking services;
• delivery companies;
• collection service providers;
• loyalty, reward and referral program providers;
• companies belonging to the same group as us;
• third parties upon a business transaction (e.g., a merger or an acquisition or liquidation).

Furthermore, in the event we are obliged by law or by court decision to disclose your personal information or where we need to do so in order to establish, exercise or defense legal claims we may forward your information to prosecution authorities or other relevant third parties.

Where is your personal information processed?

Tough Outfitters is a US company located in Delaware. However, we may transfer your personal information to and process the same in other countries as well.

How is your personal information protected?

Tough Outfitters has in place comprehensive technical and organizational security measures to ensure your personal information is secured. These are reviewed and updated on a regular basis to ensure they comply with the state of the art.

We also review our vendors and sign appropriate agreements with them in order to ensure that they comply with our defined security measures.

When will we delete your information?

Your personal information is only stored for as long as it is necessary for the purposes defined in this policy. Kindly observe that we may disable inactive accounts after a certain period of inactivity. We may still retain certain personal information to comply with our legal obligations e.g., to provide product warranty or to store financial documentation.

What are Do Not Track (“DNT”) signals and how do we respond to these?

DNT is a web browser setting that adds a signal to the browser's header, informing websites about your DNT preferences. At the moment, we do not respond to these DNT or similar signals but enable the website visitors to opt out from cookies and other tracking mechanisms by using the Cookie Consent Mechanism. To find out more about DNT, please visit https://allaboutdnt.com.

Do we offer financial incentives in exchange for personal information?

Tough Outfitters may offer you financial incentives e.g., discounts (such as discount on the next order or certain products) or other benefits (such as loyalty points or free samples), for example, when you subscribe to our newsletter or sign up to our loyalty program. In general, the collected personal information is limited to your email address but this information may be combined with other information e.g., information collected upon signing up (such as your address), collected via cookies and other tracking mechanisms or with information held by marketing platforms (e.g., social media platforms). While we provide discounts and other benefits to you, processing the personal information also enables us to carry out more targeted marketing and, consequently, to increase sales. While calculating the value of your information and the financial incentive is based on our sole but reasonable determination, we do rely on market standards and consider the estimated value of the information, the anticipated revenue generated using such information, the anticipated expenses related to processing of such information as well as other factors that may be of relevance, as permitted under the applicable laws. You opt-in by submitting your information at the relevant part of our website and you have the opportunity to opt-out at any time by unsubscribing using the link provided in the communications, by writing us an email or by changing the settings in your profile (if applicable).

How can you contact us?

In the event you have further questions about our information processing practices you can submit your questions by emailing to cs@toughoutfitters.com.

You can also reach us via post:

Torquay eTrading LLC
Attn: Data Protection Team
c/o Elevate Brands OpCo LLC
82 Nassau St. #60375
New York
New York 10038
United States

What are your rights and how to exercise them?

Depending on the applicable law in your state and subject to the relevant legal conditions, you may have the following rights with regard to your personal information:

• Right to confirm and access: In addition to accessing the information provided in this Privacy Policy, you may request us to confirm whether we process your personal information and submit an access right request to access your personal information processed;
• Right to data portability: You have the right to obtain personal data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance;
• Right to correct: You have the right to correct your incorrect or incomplete information, you can do so directly in your profile or by contacting us;
• Right to delete: You have the right to request that we delete your personal information, unless one or more exceptions, e.g., legal obligation to further retain such information, apply;
• Right to opt-out from (i) sale or sharing of personal information; and/or (ii) the processing of personal data for targeted advertising purposes and profiling: We do not sell or share your personal information for monetary compensation, nor do we carry out profiling in furtherance of decisions that produce legal or similarly significant effects on you. For further information and how to opt-out from a “sale” or sharing of your personal information as well as from targeted advertising and profiling, please see Your Privacy Choices;
• Right to withdraw consent: where you have provided your consent to us for processing your personal information, you have the right to withdraw your consent by using the dedicated mechanisms (e.g., unsubscribing from further newsletter communications);
• Right to limit use of sensitive personal information: In general, we do not process sensitive personal information. For more information, please see Your Privacy Choices;
• Right to non-discrimination: You have the right to exercise your rights related to the processing of your personal information without being discriminated, e.g., we will not charge a different price for our products or deny the services from you. However, you may miss out on certain discounts or information about when a sale starts, for example;
• Right to appeal: In case we refuse to act upon your request, you have the right to appeal such decision. To do so, please contact us as defined below. If your appeal is denied by us, you may have the right to contact the relevant Attorney General to submit a complaint.

In order to exercise your rights, please send us an email or a mail via post. You can submit your requests and questions by emailing to the email address and the address specified above (please see section “how can you contact us”).

Kindly note that as an e-commerce operator, we process your information in electronic form and therefore, upon a “right to know” request, we provide a copy of your personal information in a commonly used machine-readable format (e.g., PDF).

When was this Privacy Policy last reviewed?

This Privacy Policy was last reviewed and updated on 01/11/2024, which is also its effective date. Upon material changes to this Privacy Policy, we will notify you via your given email address.