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Privacy Policy - State of Matter™

Last Updated: September 15, 2020

ITOCHU Prominent USA LLC, the owner and operator of the State of Matter brand (referred to herein as "State of Matter™"), operates this website, https://stateofmatterapparel.com (the "Website"). State of Matter™ ("we" or "us") recognizes that you care how information about you is used and shared. This policy (“Privacy Policy”) informs you what information we collect from you on the Website, how we use your information and the choices you have about the way your information is collected and used. Please read this Privacy Policy carefully. Your use of the Website indicates that you have read and consented to our privacy practices, as outlined in this Privacy Policy. In addition, please read our TERMS OF SERVICE, which also govern your use of this Website.

This Policy applies to the information you provide to State of Matter™ in connection with your use of the Website. We have no control over, and no responsibility or liability for, any third party's collection, use, disclosure, or retention of the personal and non-personally identifiable information that you provide to a third party, and that collection, use, disclosure, and retention is not subject to this Policy.

We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy Policy, in whole or in part, at any time. When we amend this Privacy Policy, we will revise the "last updated" date at the top of the Privacy Policy. If you do not agree with any part of this Privacy Policy, then please do not use the Website. The most current version of this Privacy Policy available on the Website supersedes all previous versions.

If you have any questions regarding this Privacy Policy, you should contact our Customer Service Department by email at support@stateofmatterapparel.com.

California Residents: If you are a resident of California you may have additional rights regarding your personal information. Please review our California Consumer Privacy Act (“CCPA”) Notice below regarding your rights under the CCPA.

WHAT TYPES OF PERSONAL INFORMATION DO WE COLLECT?

We collect data to provide the products and services you request, ease your navigation on the Website, communicate with you, and improve your experience using the Website. Some of this information is provided by you directly to us, such as when you purchase our products. Some of the information is collected through your interactions with the Website. We collect such data using technologies like Cookies, action tags, and other tracking technologies, error reports, and usage data collected when you interact with our Site. Some of the information is collected from your use of, and interactions with, us and others on social media, including but not limited to Instagram®, Twitter®, and Facebook® (collectively “Social Media”).

The data we collect depends on the products, services, and features of the Website that you use, and includes the following:

Personal Information: When you visit the Website without creating an account, you can browse without submitting Personal Information about yourself. In general, we collect Personal Information that you submit to us in the process of creating or editing your account and user profile on the Website or that you submit to us voluntarily through your use of the Website. Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household is “Personal Information.”

In particular, the Website collects the following categories of Personal Information from users. We obtain these categories of Personal Information with the methods described in more detail below.

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, , or other similar identifiers.

YES

B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Please note: Some Personal Information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

NO

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

YES

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

YES

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

K. Inferences drawn from other Personal Information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

Personal Information does not include:

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

Additionally, the following types of personal information are excluded from the CCPA’s scope:

  • Certain health or medical information otherwise covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We may also collect Personal Information from third parties, such as Social Media, Payment Processors, product vendors, and other partners. Our collection of this information allows us to provide you with our products and services, establish, maintain and support your user account on the Website, and communicate with you in accordance with our Terms of Use.

Automatically Collected Usage and Device Information: Similar to other websites, we use tracking technologies to automatically collect certain technical information from your web browser, mobile, or other device when you visit our Website. This data may include, without limitation, your IP address, browser type and language, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time of your visits. Our collection of this data, described in more detail below, allows us to provide more personalized services to you and to track usage of the Website.

Use of Cookies: We also use "cookies." Cookies are pieces of information that a website either transfers to your computer's hard drive or stores temporarily in your computer's memory for record-keeping purposes. We may use cookies for a number of Website administrative purposes, however, they are generally used to maintain a visitor’s session state, for example, to hold selections in a shopping cart. You can set your browser to refuse all cookies or to indicate when a cookie is being sent, however, if your browser does not accept cookies, you may not be able to take advantage of or participate in certain features of this Website. We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device until you delete them). To make it easier for you to understand why we need them, the cookies we use on our Website can be grouped into the following categories:

  • Strictly Necessary: These cookies are necessary for the Website to work properly. They include any essential authentication and authorization cookies for our Website.
  • Functionality: These cookies enable technical performance and allow us to “remember” the choices you make while browsing our Website, including any preferences you set.
  • Performance/Analytical: These cookies allow us to collect certain information about how you navigate the Website running on your device. They help us understand which areas you use and what we can do to improve them.
  • Targeting: These Cookies are used to deliver relevant information related to our Website to an identified machine or other device (not a named or otherwise identifiable person) which has previously been used to visit our Website. Some of these types of cookies on our Website are operated by third parties with our permission and are used to identify advertising sources that are effectively driving customers to our Website.

Use of Pixels (aka web beacons/web bugs/java script): We may use Pixels to automatically record certain technical information about your interactions when you visit the Website or otherwise engage with us, to help deliver Cookies on our Website, or count users who have visited the Website. We may also include web beacons in our promotional e-mail messages or newsletters to determine whether you open or act on them for statistical purposes. “Pixels” are tiny graphics (about the size of a period at the end of a sentence) with unique identifiers used to track certain online actions, movements and related information of Website users. Unlike Cookies, which are stored on a user's computer hard drive, Pixels are embedded invisibly on web pages or in HTML-based emails. The data we receive through Pixels allows us to effectively promote the Website to various populations of users, and to optimize external advertisements about the Website that appear on third-party websites.

Information from Other Sources. We may obtain Personal Information about you from business partners, contractors, suppliers, and other third parties and add it to your account or other information we have collected. We, and the third parties we engage, may combine information we collect from you over time, and across the Website, with information obtained from other sources. This helps us improve the information’s overall accuracy and completeness, and also helps us better tailor our interactions with you.

Use of IP Addresses and Location Information: An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request pages from this Website, our servers log your IP address. We may use your IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Website. We may associate your IP address with the PII you provide. We collect precise geolocation data from you or your device, as well as your address information, e.g., shipping and billing address, when you order our products or services.

Social Media. If you interact with us or our other users regarding State of Matter™ and its products and services on any Social Media: (i) the Personal Information that you submit by and through such Social Media can be read, collected and/or used by us (depending on your Social Media privacy settings) as described in this Privacy Policy, and (ii) where State of Matter™ responds to any interaction with you on Social Media, your account name/handle may be viewable by any and all members or users of State of Matter’s™ Social Media accounts. We are not responsible for the Personal Information that you choose to submit or link on any Social Media. Social Media operates independently from State of Matter™, and we are not responsible for Social Media interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of any Social Media with which you interact to help you understand their privacy practices. If you have questions about the security and privacy settings of any Social Media that you use, please refer to the applicable privacy notices or policies.

Third Party Analytics Providers. We also use Facebook, Google Analytics, and other third party analytics providers (“Analytics Providers”) to collect information about Website usage and the users of the Website. These Analytics Providers use Cookies in order to collect demographic and interest-level information and usage information from users that visit the Website, including information about the pages where users enter and exit the Website and what pages users view on the Website, time spent, browser, operating system, and IP address. Cookies allow Analytics Providers to recognize a user when a user visits the Website and when the user visits other websites. Analytics Providers use the information they collect from the Website and other websites to share with us and other website operators’ information about users including age range, gender, geographic regions, general interests, and details about devices used to visit the Website and other websites and purchase items. For more information regarding our Analytics Providers’ use of Cookies, collection and use of information, and how to opt-out of tracking, see:

  • Facebook: Facebook’s privacy policy and information regarding opt-out settings is available at https://www.facebook.com/about/privacy/previous.
  • Google: Google’s privacy policy is available at https://policies.google.com/privacy?hl=en). Google Analytics Opt-out Browser Add-on is available at https://tools.google.com/dlpage/gaoptout).

WE DO NOT COLLECT PERSONAL INFORMATION FROM CHILDREN

We do not knowingly sell or ship any items ordered through this Website directly to anyone who we know to be under the age of 13, nor do we collect any Personal Information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this Website only with the involvement of a parent or guardian and should not submit any Personal Information to us. If we discover that a person under the age of 13 has provided State of Matter with PII, State of Matter will use commercially reasonable efforts to delete such person's Personal Information from its system.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We may use or disclose the Personal Information identified above for one or more of the following business purposes (“Business Purpose”):

  • To fulfill or meet the reason you provided the information (e.g., to help provide products and services to you).
  • To personalize and develop our Website and the services we provide you through the Website and improve our offerings.
  • To provide certain features or functionalities on the Website.
  • For marketing and promotions.
  • To create, maintain, customize, and secure your account with us.
  • To provide you with support, to communicate with you and respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your experience and to deliver content and product and service offerings, products, and services relevant to your interests, including offers and advertisements through third-party sites, and via email (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our website, services, databases, other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Website and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • To prevent illegal activity, fraud, and abuse.
  • As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our users is among the assets transferred or liquidated.

HOW DO WE SHARE OR DISCLOSE YOUR PERSONAL INFORMATION?

State of Matter’s™ Business Operations: State of Matter™ shares your Personal Information with third parties that are providing services on our behalf. Examples of these services include: (a) payment processing and authorization, (b) fraud protection and credit risk reduction, (c) product customization, (d) order fulfillment, (e) shipping, (f) marketing and promotional material distribution, (g) Website evaluation, (h) data collection, storage, management, analysis and, where applicable, cleansing, and (i) any other services designed to assist us in maximizing our business potential. These third parties may have access to this Website's user information, including Personal Information, to the extent it is needed to perform their duties and functions.

Advertising. State of Matter™ uses third party service providers to serve advertisements or collect data on our behalf across the internet (“Advertisers”). Some of these Advertisers may collect your Personal Information about your Website visits and your interactions with our products and services to tailor marketing messages on other sites, or to trigger real-time interactions, customize the Website, or enhance your profile. Advertisers may use Cookies, Pixels and other technologies to collect your Personal Information, measure the effectiveness of their advertisements, and personalize the advertisements on other sites. Some of these Advertisers may collect your Personal Information that you share on the Website via a web form automatically and prior to your submission of the Personal Information (i.e., before you click, “Submit”). Advertisers may be able to use information from your Website visits to send marketing messages to you in a way that could personally identify you. The information collected by Advertisers may include your IP address, email addresses and other user and device level information. For example, when Advertisers send advertisements and links directly to your browser, they automatically receive your IP address. Please keep in mind that your browser settings may not permit you to control Advertisers’ technologies, and this Privacy Policy does not apply to, and we cannot control the activities of Advertisers. If you would like more information about Advertisers’ practices, please see http://optout.aboutads.info/#!/.

Non-Personally Identifiable Information. We may use non-personally identifiable information, such as anonymized and/or aggregated Website usage data, in any manner that does not identify individual users for the purpose of improving the operation and management of the Website, including to develop new features, functionality, and services, to conduct internal research, to better understand Website usage patterns, to resolve disputes, to troubleshoot problems, to fulfill user requests, or for security and compliance purposes. Any non-personally identifiable information that is combined with Personal Information will be treated by us as Personal Information.

Payment Processors. If you purchase or pay for products or services via the Website, the transaction may be handled by our service providers or third party vendor(s) responsible for processing your payment (“Payment Processors”). These entities have their own privacy policies and those terms will apply to you. Please be sure to review them at the links provided during payment processing.

State of Matter’s™ Information Sharing Practices: When State of Matter™ shares your Personal Information with third parties that are providing services on our behalf, we enter into a contract that describes the purpose and requires the recipient to keep that Personal Information confidential and use it only for performance of the contract, and not for any other purpose.

Disclosures of Personal Information in the Last Twelve Months.  In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a Business Purpose, as more fully described in Section 4:

  • Category A: Identifiers.
  • Category B: California Customer Records personal information categories.
  • Category D: Commercial information.
  • Category F: Internet or other similar network activity.
  • Category G: Geolocation data.
  • Category I: Professional or Employment Related Information.

We disclose your Personal Information for a Business Purpose to the following categories of third parties:

  • Analytics Providers.
  • Social Media.
  • Advertisers and other third party marketing service providers.
  • Affiliated persons or third-party service providers assisting us in the operation, management, improvement, research and analysis of the Website.

Please note: Affiliated persons or our third party service providers may augment, extend, and combine non-personally identifiable information with data from additional third party sources in order to assist us in our operation of the Website.

State of Matter's™ Security: We may release information about our users, including Personal Information, when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing our Website and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of State of Matter™ or any of our respective affiliates, business partners, customers or others.

Corporate change: In addition, we reserve the right to disclose, share and/or otherwise transfer user information, including without limitation Personal Information, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of State of Matter's™ assets, or other fundamental corporate change, whatever form it may take.

SECURITY FOR PERSONAL INFORMATION
We use various security measures, including Secure Socket Layer (SSL) encryption technology, to protect personal information that we collect. Unfortunately, while we work hard to ensure the security of your Personal Information while it is on our systems, no security measures are perfect and data transmitted over the Internet cannot be guaranteed to be 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to State of Matter™.

ACCESSING, CORRECTING AND UPDATING YOUR PII
You can access, correct and update certain personal information that you have provided to us by contacting Customer Service at support@stateofmatterapparel.com.

DISCLAIMER
We cannot ensure that all of your Personal Information will be disclosed only in the ways described in this Privacy Policy. For example, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your Personal Information that they collect from the Website. Even with the most rigorous information security standards, no transmission of data over the internet can be 100% secure.

UNSUBSCRIBE
You can unsubscribe from receiving promotional material from this Website by clicking on an "unsubscribe" hyperlink contained in promotional emails we send you. Additionally you may email us at support@stateofmatterapparel.com . Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request.

Even if you are removed from any such list, if you order online, we will send you an email confirming your order and may need to contact you by phone, email, or regular mail if we have questions about your order. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

If you want to opt out of having your Personal Information for a particular purpose, you must opt-out whenever you provide Personal Information to us. Please keep in mind that any opt-out choices you make will not apply in situations where State of Matter™ uses your Personal Information for either operational purposes (e.g. to complete transactions requested by you, or to send you administrative communications either about your account with us or about features of our websites, including any future changes to this Privacy Policy, the Terms of Service, or any other policy or terms that affect you and your use of our Website) or fulfillment purposes (e.g. sharing with companies that facilitate communications and transactions with you).

If you do not exercise your opt-out choices upon registration or otherwise at the time the Personal Information is provided, it may take some time to process your opt-out choices. Our systems require time to update, and promotional mailings using Personal Information shared before your opt-out may already be in process.

YOUR CHOICE AND OPTIONS RELATING TO OUR COLLECTION.

You Can Choose Not to Provide Personal Information. You may always decline to provide your Personal Information to us. Registering for an account or otherwise providing your Personal Information is not required to access some of our online content. If you choose not to provide certain Personal Information to us, some of your experiences may be affected (for example, we cannot ship products to you without your name and certain contact information).

You May Decline Other Requests. We use the Personal Information of our users as needed for the purposes for which it was collected or where you have consented to our use of such information. If you do not wish to provide information to us or do not wish to consent to the uses described in this Privacy Policy, please do not use the Website, set up an account, or supply the requested information to us.

WHAT HAPPENS WHEN I LINK TO OR FROM ANOTHER WEBSITE?
Please be aware that when you are navigating our Website or viewing an email or other content provided by State of Matter™, you may have the opportunity to click on links that take out outside of State of Matter's™ service to other websites or online content that are beyond State of Matter's™ control. If you "click" on the link to such a third party, the "click" takes you to a third party's website or online content. We have no control over and are not responsible for the content of any third party websites to which you navigate. Please be advised that this Privacy Policy does not apply to third party websites. We encourage you to be aware of what websites you are visiting and to read the privacy policies that apply to each website that you visit.

NOTICE TO USERS OUTSIDE THE UNITED STATES
Please be aware that we are headquartered in the United States. The Website is governed by United States law. If you are using any of our products or services from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located. The United States might not offer the same level of privacy protection as the country where you reside or are a citizen. BY USING THE WEBSITE, COMMUNICATING WITH US VIA MAIL, EMAIL OR TELEPHONE, OR OTHERWISE PROVIDING INFORMATION TO US, YOU CONSENT TO THE TRANSFER TO, AND PROCESSING OF, YOUR INFORMATION IN THE UNITED STATES.

THE GENERAL DATA PROTECTION REGULATION (“GDPR”)
Residents of the European Economic Area (“EEA”) may be entitled to rights under the GDPR. If you qualify, these rights are summarized below.

If you request to exercise your rights under the GDPR, we may require verification of your identity before we respond to any such request. If you are entitled to these rights, you may exercise the following rights with respect to your Personal Information that we collect and store:

  • the right to withdraw consent to data processing at any time;
  • the right of access to your Personal Information;
  • the right to request a copy of your Personal Information;
  • the right to correct any inaccuracies in your Personal Information;
  • the right to erase your Personal Information;
  • the right to data portability, meaning to request a transfer of your Personal Information from us to any other person or entity as chosen by you;
  • the right to request restriction of the processing of your Personal Information; and
  • the right to object to processing of your Personal Information.

You may exercise these rights free of charge. These rights will be exercisable subject to limitations as provided for by the GDPR. Any requests to exercise the above-listed rights may be made to: support@stateofmatterapparel.com. If you are an EEA resident, you have the right to lodge a complaint with a Data Protection Authority about how we process your Personal Information at the following website: https://edpb.europa.eu/about-edpb/board/members_en.

YOUR CALIFORNIA PRIVACY RIGHTS
California Consumer Privacy Act. "Personal Information" has the meaning given in the California Consumer Privacy Act (“CCPA”). If the CCPA applies to your Personal Information collected and used by State of Matter™, then the following terms apply:

    • Right to Know. In some circumstances, you have the right to request from us certain information about our collection or use of yourPersonal Information. Once we receive and confirm your verifiable consumer request, we will disclose to you,, the categories of Personal Information that we have collected about you, the categories of sources from which your Personal Information was collected, the business or commercial purpose for collecting or selling your Personal Information, the categories of third parties with whom we share your Personal Information, and the specific pieces of Personal Information we have collected about you. If we disclosed your Personal Information for a business purpose, the business purpose for which such Personal Information was disclosed, and the Personal Information categories that each category of recipient obtained. If applicable, (1) the categories of your Personal Information that we have made available for valuable consideration; (2) the categories of third parties to whom such Personal Information was made available; and (3) the category or categories of Personal Information that we have made available to each category of third parties.  You may email us at support@stateofmatterapparel.com with “CCPA Right to Know” in the subject line and in the body of your message or complete the form located here to exercise this right.
  • Right to Deletion. In some circumstances, you may have the right to request that we delete any Personal Information about you which we have collected from you and retained, subject to certain exceptions. You may email us at support@stateofmatterapparel.com with “CCPA Right to Deletion” in the subject line and in the body of your message or complete the form located here to exercise this right. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) or vendor(s) to:
    • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
    • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
    • Debug products to identify and repair errors that impair existing intended functionality.
    • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
    • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
    • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
    • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
    • Comply with a legal obligation or legal order.
    • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

  • “Sale” of Personal Information. We also share Personal Information collected from cookies and similar tracking technologies, such as how you interact with our websites and mobile apps, with advertising technology partners in order to present advertising messages based on your preferences. Given that the definition of ‘sale’ under the CCPA is broad and covers situations beyond traditional monetary transactions, this type of activity is considered a ‘sale’ of Personal Information under the CCPA.
  • Right to Opt-Out. Subject to certain exceptions, as a California resident, you have the right to opt out of the "sale" of your personal information collected from cookies and similar tracking technologies. If you are 16 years of age or older, you may have the right under the CCPA to direct us not to make your Personal Information available for valuable consideration at any time (the “right to opt-out”). We do not make available 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 may opt-out at any time. To opt out of the "sale" of your personal information as described in this section, please follow the steps outlined in the form located at “Do Not Sell My Personal Information.” You may also opt out of certain "sales" of advertising by visiting NAI Consumer Opt Out.
    • Keep in mind that, if you opt out of interest-based advertising, you may still see customized advertising displayed by advertising networks from which you have not opted out. In addition, your opt out will not prevent any advertising network from displaying advertising that is not customized to you and your interests and, consequently, may be less relevant to you.

  • Exercising Your Rights. To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending us an e-mail at support@stateofmatterapparel.com.
    • Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable 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 such a request for access or data portability twice within a twelve (12) month period. 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, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
    • 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. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
    • We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically. Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt. 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.
    • We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

  • Non-Discrimination. We will not discriminate against you if you choose to exercise any of the above rights granted to you by the CCPA. We will not deny you goods or services, charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, provide you a different level or quality of goods or services, or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We are not discriminating against you if we deny a request to know or delete if we have a legitimate reason for the denial. We may also charge a fee for excessive or repetitive requests.

Shine the Light. If you are a California resident who provides Personal Data in obtaining products or services for personal, family or household use, California Civil Code Section 1798.83 (“Shine the Light Law”) permits you to request in writing and obtain from us, once per calendar year, data about the Personal Data we shared, if any, with other third parties for their own direct marketing purposes. To make such a request, please contact us at support@stateofmatterapparel.com and write "Request for California Privacy Data" for the subject of your message. We will send you a reply e-mail within 30 days containing the requested data once we confirm your request. Not all of the shared Personal Data is covered by the Shine the Light Law requirements and therefore only Personal Data which is covered will be included in our response.

California Minors.  While the Website is not intended for anyone under the age of 18, if you are a California resident who is under the age of 18 and you are unable to remove publicly-available content that you have submitted to us, you may request removal by contacting us at: support@stateofmatterapparel.com. When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing. Removal of your content or information from the Website does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.

Consumer Rights Notice. Under California Civil Code Section 1789.3, the Company is required to provide California residents with the following specific consumer rights information:

  • This website is owned and operated by ITOCHU Prominent USA LLC.
  • Unless otherwise expressly stated, this website is provided without charge.

To file a complaint regarding this website or to receive further information regarding use of this website, please contact us via email at support@stateofmatterapparel.com. You also may contact the Complaint Assistance Unit of the Division of Consumer Services of California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at (916) 445-1254 or (800) 952-5210.

HOW TO CONTACT US
If you have questions about this Privacy Policy or about the Website, you may contact us at:

ITOCHU Prominent USA LLC
Attention: State of Matter™
1411 Broadway 6th Floor
New York, NY 10018

support@stateofmatterapparel.com