Privacy

Privacy Policy

Poncho Outfitting, LLC (“Poncho”) endeavors to protect your personal privacy. This Privacy Policy addresses Poncho’s practices regarding information collected from users of the web properties of Poncho, including but not limited to all main and subdomains of ponchooutdoors.com (the “Site”). This Privacy Policy does not address or govern any information-gathering, use, or dissemination practices related to information collected from you other than directly through or from the Site, such as from other websites, telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media.

This Privacy Policy is incorporated into Poncho’s Terms of Use for the Site by reference, as if set forth fully therein, which must be reviewed and accepted by you.

The Site is not intended for children under the age of 13. We do not knowingly collect personal information online from visitors in this age group.

If you have any questions about our privacy policies, please contact us at help@ponchooutdoors.com. By providing your personal information to Poncho, you signify your acceptance of the Terms of Use and agree that Poncho may collect, use and disclose your personal information as described herein.

Information We May Collect

Personally Identifiable Information

For purposes of this Privacy Policy, “personally identifiable information” means any information by which someone can be personally identified, including name, address, telephone number, email address, and other information incidental to providing goods or services (also referred to herein as “personal information”). We collect personally identifiable information from you only when you voluntarily provide us with this information, such as when placing an order on the Site, establishing an account, contacting us with a question or comment, utilizing an "Email to a Friend" feature, or signing up to receive emails about our latest products and services.

Browsing Information and Cookies

When you visit the Site, our web servers may automatically recognize certain non-personally identifiable information about you, such as your domain name, access provider, IP address, and browser language. The Site also uses a browser feature known as a cookie, which assigns a unique identification to your computer. The information collected from cookies allows us to provide better customer service to you and to improve features of our Site in a variety of ways, including by determining whether you have visited the Site in the past and which pages of our Site you have visited.

If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for “Do Not Track” features. We do not override these settings or options. However, in order to access certain content, features, services, products, or benefits of the Site, you may be required to provide us with certain information, including some types of personally identifying information. If you do not wish to provide such information through the Site or if you opt to utilize the aforementioned privacy features of your computer system or web browser, you may be unable to obtain certain content, features, services, products, or benefits of the Site.

Third Party Pixels and Cookies

When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout.

 

How We Use Your Information

By providing personally identifiable information to us, we are better able to match your interests. Poncho may use your personally identifiable information to process and fulfill orders, send emails to confirm your order status and shipment, to communicate with you and to send you information by email, postal mail, or other means about our products, services, contests, and promotions. In general, we use personal information collected on the Site for the specific purpose for which it was volunteered; to help develop better products, and/or market, sell, or provide products and services; and to comply with any legal or regulatory requirements, process or provisions. In order to better serve you, we may combine information you provide to us on the Site with information from third parties, including demographic or public information.

How We May Share Your Information

We may share information collected through the Site with our subsidiaries, affiliated companies, and like-minded business partners for the purpose of providing you with the products and services you seek from the Site. We may also share your mailing address and shopping history with other catalog mail companies.

From time to time, Poncho may disclose the data collected through the Site, including personally identifiable information, to other persons or entities whom we believe trustworthy. In such cases we might rent, exchange, share and/or cross-reference information, including contact information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you. Additionally, in order to provide you with a better customer experience, we may share information with service providers, subcontractors, and business partners who have been retained to perform functions on our behalf or to provide services to us. These services include:

  • Order fulfillment, warehousing, and delivery;
  • Advertising, marketing, surveys, and promotions, including partnerships and teaming efforts with other companies whose products or services we think you might enjoy;
  • Information technology and office services, including software and website development, website hosting, management and evaluation, and data processing, exchange, and cross-referencing;
  • Payment processing services, fraud protection, and credit risk reduction; and
  • Legal, accounting, audit and other professional service providers.

To learn more about behavioral advertising and your options with these practices, you can visit www.networkadvertising.org/choices, https://www.datalogix.com/privacy, and http://www.aboutads.info/choices.

Poncho may also disclose the data collected through the Site, including personally identifiable information, to another party with which Poncho enters or reasonably may enter into a corporate transaction, such as a merger, consolidation, acquisition, or asset purchase. In the event that Poncho or its assets is acquired by another company, or due to any merger, reorganization or liquidation, customer information may be one of the transferred assets. Your personal information will remain subject to any pre-existing privacy policy unless you consent otherwise.

We reserve the right to disclose information about you to a third party pursuant to a subpoena, court order, or other form of legal process, or in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process.

Managing Your Personal Information and Options

You may use the Site without providing any personally identifiable information.

We want to communicate with you only if you want to hear from us. If you have established an account on the Site or signed up to receive electronic newsletters or promotional emails from Poncho, including new ideas, special offers, and event information, or to otherwise receive communications about our products and services, you will have the right at any time to opt out of receiving marketing emails or to specify which, if any, communications you would like to receive from us. Should you ever decide to delete your account, you may do so by emailing help@ponchooutdoors.com.

If you would like to opt-out of receiving marketing via email, click the unsubscribe link on the footer of marketing emails. If you would like to opt-out of receiving communication via postal mail, contact help@ponchooutdoors.com. Poncho will continue to send you non-promotional, service emails concerning your account, such as emails relating to available upgrades, billing and payment information, outstanding balance on your account, and other emails relating to your account and/or your use of the Site.

To learn more about your rights as a consumer and to receive less national advertising mail, please visit the Direct Marketing Association at http://www.dmachoice.org.

At your request, Poncho will confirm what personally identifiable information it collects or holds about you, and will correct, update and/or remove such information. You may contact Poncho for any of the foregoing at help@ponchooutdoors.com. If you ask that Poncho stops using or sharing your personally identifiable information, we will honor that request. However Poncho may retain records of your personally identifiable information for a period of time; for example, to follow-up on a request, resolve a dispute or for similar reasons or in order to comply with applicable federal, state, or local law. In addition, some personal information may also continue to be stored on back-up files for financial, legal, or technical reasons.

Security

The security of your personally identifiable information is important to us and Poncho is committed to handling such information carefully. We maintain physical, electronic and procedural safeguards to guard your personally identifiable information. We use secure socket layer technology to protect the security of your payment information and we encrypt your personally identifiable information when it is sent over the Internet. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security.

The Site may also contain links to third party websites, for the convenience of users in locating information, products, or services that may be of interest. If you access a third party website from a link on this Site, any information you disclose on that website is not subject to this Privacy Policy. It is possible that these links may be used by third parties or others to collect personal or other information about you. We are not responsible for the privacy practices of such websites, advertisers, or third parties or the content of such websites and it is your sole obligation to review and understand the privacy practices and policies of these other websites. We do not control the use of cookies or the collection of information by these third parties, nor how they manage such information. It is solely your obligation to review and understand the privacy practices and policies of these other websites, advertisers, and any third parties.

 

Messaging Privacy Policy (SMS)

This Messaging Program Privacy Policy explains how Poncho collects and uses information about you in relation to its text message marketing program (the “Messaging Service”). We use Klaviyo to provide the Messaging Service to you. For the purposes of the Messaging Service, Klaviyo acts as our service provider and data processor of your information.

Collection of Information

We collect various information on our behalf from and about you, including information you directly provide when you use the Messaging Service. For example, we collect the phone number and email address you provided when signing up for the Messaging Service. When you send messages via the Messaging Service, we will also collect your messaging history and any information included in those messages.

We may also collect information about you using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable personalization of your experience on the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders).

If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Messaging Service or for customer service.

Use of Information

We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service.

Sharing of Information

We may share, transfer, or disclose your information, if you consent to us doing so, as well as in the following circumstances:

  • Service Providers. We may share your information with third parties to help us provide the Messaging Service to you.
  • Legal Requirement and Protection of Klaviyo and Others. We may disclose your information as we believe such disclosure is necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iii) enforce a contract with us; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain.

    • From time to time, we may share aggregate or de-identified information about use of the Messaging Service and such aggregated or de-identified information may be shared with any third party, including advertisers, promotional partners, and sponsors.

    Protection of Information

    We take a variety of physical, technical, administrative, and organizational security measures based on the sensitivity of the information we collect to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Unfortunately, no online activity can be guaranteed to be 100% secure. While we strive to protect your information against unauthorized use or disclosure, we cannot ensure or warrant the security of any information you provide. We do not accept liability for unintentional disclosure.

    Retention of Information

    We retain your information for as long as you participate in the Messaging Service or as needed to comply with applicable legal obligations. We will also retain and use your information as necessary to resolve disputes, protect us and our customers, and enforce our agreements.

    Choices and Controls

    Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT.

     

     

    Updating this Privacy Policy

    We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time. You should check this page periodically for changes. Your continued use of this Site following the posting of changes to this Privacy Policy will be considered your consent to those changes. In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development.

    Questions or Concerns

    If you have any feedback, questions, or concerns regarding privacy, please send us a detailed message to help@ponchooutdoors.com; we will make every effort to resolve your concerns.

    Last Updated: 1/29/20