Poncho's Privacy Policy

Effective Date: 7/31/2024

Poncho Outfitting, LLC (together with its affiliates, “Poncho”) as a controller endeavors to protect data which directly or indirectly relates to you (“personal information”). This Privacy Policy informs you about our practices regarding the treatment of information we collect from you online (e.g., through our websites) and offline (e.g., through customer support channels, our retail locations, and in-person promotional activities), the kinds of information we may collect, how that information is used, with whom we share it, and how you can opt-out of a use or correct or change such information. In this Privacy Policy, any reference to “us”, “we”, or ourselves is a reference to Poncho and the particular entity that you have a relationship with and any reference to “you”, “your”, and “yourself” is a reference to you as an individual who has a relationship with is or is in contact with us.

In general, we process personal information for our legitimate purposes of running our business; complying with applicable laws; and protecting our websites, our business, our customers, and any individuals who use our website, our services, or transact business with us. We also process personal information as necessary to enter into, or perform under, a contract with you; or with another party which is to your benefit. Finally, some processing of your personal information may be subject to your consent (e.g. if you enter a sweepstakes or promotional event). If we use consent as the basis for our processing, we will request it at the time we collect such personal information.

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.

Poncho is committed to providing equal opportunity and reasonable accommodations to individuals with disabilities. Poncho complies with the Americans with Disabilities Act and all other applicable federal, state, and local laws regarding disability discrimination and accommodation.

1. Scope

   
   

   This Privacy Policy applies to everyone who interacts with us as a customer who has purchased any of our products or services (whether in store or online), a user of any apps we provide, anyone who signed up to receive marketing materials from us, anyone who enters any of promotions/competitions, anyone who applies to attend any of our events or who interacts on social media with us and other online or offline offerings (together with any and all future online and offline offerings, the “Services”). As this Privacy Policy covers a range of individuals and different types of relationships and interactions with us, not all aspects of this Privacy Policy will apply to you.

   
   

2. Information We Collect

   The types of personal information we collect (directly from you or from third party sources) and our privacy practices depend on the nature of the relationship you have with Poncho and the requirements of applicable law. Poncho collects personal information from its current, prospective,

   and former customers, visitors, and guests (collectively “Individuals”) through the following channels:

   1. Information Provided Directly to Us: When you use the Services, contact us directly, or engage in certain activities, such as registering for an account with Poncho, placing an order on our website, or signing up to receive emails about our latest products and services, we may collect and process a wide range of personal information such as the following types of information:

      • personal contact details, such as your name, email address, address (billing and delivery), phone number(s),

      • commercial data, such as purchase history and consumer profiles,

      • Through Cookies (defined below), and

      • payment information, such as a credit card number, billing address, and/or other related information required to complete the purchase (such payment information, “Financial Information”).

   2. Communications: We may collect personal information from you such as your email address, phone number or mailing address when you choose to request information about our Services, visit our retail stores, register to receive communications over email or text messaging, participate in promotions, or loyalty programs, or otherwise communicate with us. Where allowed by applicable law, we may also record and store customer support calls for training and quality purposes.

   3. Survey and Reviews: We (or third parties acting on our behalf) may contact you to participate in research, surveys or beta testing or to provide reviews and testimonials. If you decide to participate, you may be asked to provide certain information, which may include personal Information. All information collected from your participation in our research, surveys, reviews or testimonial process, or beta testing is provided by you voluntarily. We may use such information to improve our products and/or Services, and in any manner consistent with this Privacy Policy.

   4. Sweepstakes and Contests: If we run a sweepstake or contest, we may ask you to provide contact information (e.g., a phone number or an email address) or other personal information. Your contact information may be used to reach you about the sweepstakes or contest, and, to the extent permitted by law, for other promotional, marketing and business purposes. In compliance with the laws of your jurisdiction, as a participant you may have the opportunity to opt-out of any communications that are not related to awarding prizes.

   5. Public Posts: We may offer publicly accessible blogs, social media pages, product review pages, or similar forums.

      
      

      Please be aware that when you disclose information about yourself on any public area of the Services or on any public sites operated by third parties, such content will be considered “public” and will not be subject to the privacy protections provided in this Privacy Policy.

      
      

   6. Information from Third Parties: We may receive information about you from other sources, including through third party services and organizations, to supplement information

      provided by you. We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support. We also receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, advertisements or communications. This supplemental information allows us to enhance our ability to provide you with information about our business, products and Services.

   7. Automated Data: We may collect certain information automatically through our Services and/or other methods of technical analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, in-store activity through (e.g., through closed circuit TVs for security monitoring or geofencing to identify traffic), the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services (such as preferences).

      
      

      Please note that if you visit one of our stores, we may collect personal information from you and such data may be linked to information we also collect online or through email and other marketing campaigns.

      
      

3. How We Use Your Information

   
   

   By providing personally identifiable information to us, we are able to perform a number of business functions, such as providing products, services, or information you requested.

   
   

   1. Transactional Purposes. Poncho will process personal information to fulfill requests for products, Services or information, including to:

      1. Respond to questions, comments, and other requests;

      2. Provide access to certain features of the Services;

      3. Personalize product recommendations;

      4. Communicate with you about logistical matters, including product deliveries and shipping;

      5. Conduct internal research and development;

      6. Review and respond to requests for customer support; and,

      7. Allow you to register for online profiles or in-person/in-store events.

      8. Administrative Purposes. Poncho will process personal information for administrative purposes, including to:

      9. Measure interest in our products and Services;

      10. . Develop new products and Services;

      11. Ensure quality control;

      12. Send emails or text messages to the email address or telephone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, delivery updates, or system maintenance;

      13. Process payment(s) for products or services purchased;

      14. Process applications and transactions;

      15. Prevent potentially prohibited or illegal activities;

      16. Maintain and administer our Services; and,

      17. Enforce our Terms of Service Marketing.

          
          

   2. Marketing Purposes. Poncho will process personal information to provide you with marketing materials that may be of interest, including:

      1. To notify you about offers, products and Services that may be of interest or about which you have previously expressed an interest (e.g., back-in-stock notifications);

      2. For other purposes disclosed at the time that you provide personal information; or

      3. Otherwise with your consent. You may contact us at any time to opt- out of the use of your personal information for marketing purposes, as further described in “Managing Your Personal Information” section.

      4. To send Direct Mail, Email, and Outbound Telemarketing. Individuals who provide us with personal information, or whose personal information we obtain from third parties, may, as permitted by law, receive periodic emails, newsletters, mailings, text messages or phone calls from us with information on our or our business partners' products and services or upcoming special offers/events that we believe may be of interest. We offer the option to decline these communications at no cost by following the instructions in the “Managing Your Personal Information” section.

   3. To Improve Our Services. Poncho will process personal information alone or in the aggregate with information obtained from other sources, in order to help us improve our existing products and Services or develop new products and Services. From time to time, Poncho may perform research (online and offline) via surveys. We may engage third party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns and/or promotional activities. If you participate in a survey, the information given will be used along with that of other study participants.

   4. Legal Purposes. In addition, each of the above referenced categories of personal information may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, Poncho or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.

      We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you notice or obtaining your consent.

      
      

   5. Other Purposes. In addition to the purposes outlined above, we may also use your personal information for the following purposes:

   1. Anonymous and Aggregated Information. Poncho does use personal information and other information about you to create anonymized and aggregated information, such as de-identified demographic or psychographic information, information about the computer or device from which you access the Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors' interest in and use of various portions or features of the Services. Anonymized or aggregated information is not personal information, and is thus not subject to this Privacy Policy.

   2. Shared Content. From time to time, we may offer referral services of features that allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services or purchase product from us.

4. Cookies, Pixels, and Similar Technologies

   The Services use cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, learn about our user base and operate and improve our Services. Cookies are small pieces of data– usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s).

   
   

   Our uses of such Cookies fall into the following general categories:

   
   

   1. Essential/Strictly Necessary. We may use Cookies that are necessary to the operation of our Services. This includes Cookies that enable you to move around our website and use its basic features, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of functions such as shopping carts, saved search or similar functions. These cookies are necessary for the Services to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for products or services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the Services will not then work. These cookies do not store any personal information.

   2. Analytics. We may use Cookies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use our Services, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services or tools. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site and will not be able to monitor its performance.

   3. Personalization. We may use Cookies that allow us to offer you enhanced functionality and personalized features when accessing or using our Services by remembering the choices you make. This may include identifying you when you sign into the Service or keeping track of your specified preferences, interests or past items viewed so that we may enhance the presentation of content.

   4. Targeted Advertising (Marketing). We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Interest-Based Ads”). Information for Interest-Based Ads (including personal information) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users' activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site. .

      
      

      If you would like to opt-out of the Cookies we employ, you may do so by blocking, deleting or disabling them as your browser or device permits. See the “Manage Your Personal Information” section for additional opt-out options. Please note that blocking, deleting, or disabling Cookies will affect the functionality of our Services and may prevent you from being able to access certain features.

      
      

5. How We Disclose Your Information

   We disclose your personal information to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your personal information. For more information, please refer to the state-specific sections below.

   
   

   1. Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers to whom we entrust personal information include service providers for: (i) order fulfillment and warehousing; (ii) web hosting, analytics and related services; (iii) payment processing, fraud protection, and credit risk reduction;

      (iv) support and customer service activities; and (v) in connection with the provision of the Services. Poncho's policy is to execute appropriate contracts with service providers that prohibit them from using or sharing personal information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements, and this Privacy Policy.

   2. Business Partners. Poncho may share personal information with its business partners and affiliates for our and our affiliates' internal business purposes or to provide you with a product or service that you have requested. Poncho may also provide personal information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner's name will appear, along with Poncho.

   3. Marketing. Poncho may allow third party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities on our Services (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected personal information (such as demographic information and past purchase history) we have collected with third party advertising partners. Advertising partners may use this information (and similar information collected from other companies) for purposes of delivering targeted advertisements to you when you visit non-Poncho related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Service to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.

   4. Professional Advisors: We share personal information with our legal, financial, insurance and other advisors in connection with corporate transactions or in connection with the management of all or part of our business or operations.

   5. Legal Disclosure / Law Enforcement. We may access, preserve and disclose your personal information, other account information and content if we believe doing so is required or appropriate: (i) to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena; (ii) to respond to your requests; (iii) to protect yours, ours or others' rights, property or safety; (iv) to enforce Poncho policies or contracts; (v) to collect amounts owed to Poncho; (vi) to comply with records retention policies; (vii) when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (viii) if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of unauthorized activities.

   6. Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, Poncho will endeavor to direct the transferee to use personal information in a manner that is consistent with the Privacy Policy in effect at the time such personal information was collected.

6. Managing Your Personal Information

   
   

   We want to communicate with you only if you want to hear from us. You have the right to object to and opt-out of certain uses and disclosures of your personal information. Where you have consented to Poncho's processing of your personal information, you may withdraw that consent at any time and opt-out to further processing by contacting help@ponchooutdoors.com. Please note that even if you opt-out, we may still collect and use non-personal information regarding your activities on our Service and/or information from the advertisements on third party websites for

   non-interest based advertising purposes, such as, to determine the effectiveness of the advertisements.

   
   

   1. Email. You can unsubscribe from email, text and phone communications at any time. If you would like to opt-out of receiving marketing via email, click the unsubscribe link on the footer of marketing emails. We will process your request within a reasonable time after receipt, in accordance with applicable laws. 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.

   2. Direct Mail. If you would like to opt-out of receiving communication via postal mail, contact help@ponchooutdoors.com. 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.

   3. Account. You may review, update, or modify your account information at any time by logging into your Poncho account. You may also deactivate or delete your Poncho account by emailing help@ponchooutdoors.com.

   4. “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We do not override these settings or options. However, in order to access certain content, features, services, products, or benefits of the Services, 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 Service 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.

   5. Cookies You may stop or restrict the placement of Cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs may not be effective on mobile interfaces. However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings. The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self- regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/  managing/opt_out.asp, www.youronlinechoices.eu/or www.youradchoices.ca/, and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics https://tools.google.com/ dlpage/gaoptout. Please note that cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt- out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on third party websites that contain the AdChoices link, and that link to this Privacy Policy, may have been directed to you based on anonymous nonpersonal information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners' use of this information for interest-based advertising purposes.

   6. Rights of Access, Rectification, Erasure, and Restriction. Where permitted by applicable law, you may inquire as to whether Poncho is processing personal information about

      you, request access to personal information, and ask that we correct, amend or delete your personal information where it is inaccurate or has been processed in violation of your rights under data privacy laws that apply in the country where you live. Where otherwise permitted by applicable law, you may send an email to help@ponchooutdoors.com or use any of the methods set out in this Privacy Policy to request access to, receive, seek rectification, or request erasure of personal information held about you by Poncho. Please include your full name, email address associated with your account and a detailed description of your data request. Such requests will be processed in accordance with local laws. Although Poncho will use good faith efforts to provide Individuals with access to their personal information, there may be circumstances in which Poncho is unable to provide access, including but not limited to where the information contains legal privilege, would compromise others' privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual's privacy, in the case in question or where it is commercially proprietary. If we determine that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Poncho will take commercially reasonable steps to verify your identity before granting access to or making any changes to your personal information.

   7. Managing the Sale or Sharing of your data under State Privacy Laws. If you are a resident of California, Connecticut, Colorado, Utah, Nevada, or Virginia, please visit the “Exercising Your Rights under the State Privacy Laws” section below for additional methods for opting-out.

7. Security & Retention

   
   

   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. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. . Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security. By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.

   
   

   We retain personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. When we are no longer required to retain your personal information as described above, we will destroy, erase, or de- identify it in accordance with our data retention policies and applicable law. Legal requirements, however, may require us to retain some or all of the personal information we hold for a period of time that is longer than that for which we might otherwise hold it.

   
   

   You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the

   security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

   
   

8. Children's Privacy

   
   

   Our Services are not directed to children under the age of 13. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect personal information from children under the age of 13. If you learn that your child has provided us with personal information without your consent, you may alert us at help@ponchooutdoors.com. If we learn that we have collected personal information of a child under the age of 13 (or under the age of 16 in certain jurisdictions) we will take steps to delete such information from our files as soon as possible and terminate the child's account unless we receive verifiable parental consent.

   
   

9. California Residents Rights

   
   

   If you are a California resident, you have the rights set forth in this section. Please see the “Exercising Your Rights under the State Privacy Laws” section below for instructions regarding how to exercise these rights. Please note that we may process personal information of our customers' end users or employees in connection with our provision of certain services to our customers. Please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request.

   
   

   If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of personal information shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at help@ponchooutdoors.com. California law requires us to disclose certain information related to our privacy practices, as set forth below.

   
   

   1. What Personal Information We Collect

      
      

      The below identifies the categories of personal information we have collected over the preceding 12-month period, as well as examples in each category. For more information about the personal information we collect, please see the “Information We Collect” section.

      
      

      1. Identifiers. Name, email address, billing address, shipping address, phone number

      2. Commercial information. Purchase history

      3. Geolocation data. Internet protocol (IP) address, billing address, shipping address, Internet or other electronic network activity information IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.

      4. Financial, medical, or health information. Payment information, such as credit card number, Audio, electronic, visual, thermal, olfactory, or similar information

      5. Recordings of customer support calls

      6. Inferences drawn from any of the above information categories. Inferences about the type of products you prefer; demographic and psychographic inferences

         
         

         The sources of the personal information we collect above include personal information that you directly provide to us (through the Services), personal information we receive from third party partners (for example, certain marketing, research or survey partners), and personal information that we generate internally. Please see the “Information We Collect” section for additional details.

         
         

   2. How We Use Personal Information

      
      

      Please see the “How We Use Your Information” section for more information.

      
      

   3. What Personal Information We Share

      
      

      Please see the “How We Disclose Your Information” section for information on the personal information we share with third parties. In the last 12 months, we have disclosed all of the categories of personal information described in the “Information We Collect” section for business purposes. For example, we may share your IP address with service providers that provide crash monitoring and site optimization services to us. California residents have the right to opt- out of our disclosures of personal information that we have disclosed to third parties for valuable consideration. What is covered as a “sale” under California law is not yet clear, but we currently do not “sell” your information as we understand it.

      
      

   4. Your Rights

   
   

   As a resident of California, you have certain rights, such as:

   
   

   1. Right to access personal information. You may be entitled to receive the specific pieces of your personal information we have collected in the 12 months preceding your request.

      In response, we will provide you with the following information collected over the past 12 months.

      (i) The categories of personal information that we have collected about you; (ii) the categories of sources from which that personal information was collected; (iii) the business or commercial purpose for collecting or selling your personal information; (iv) the categories of third parties with whom we have shared your personal information; (v) the specific pieces of personal information that we have collected about you; (vi) if we have disclosed your personal information to any third parties for a business purpose over the past 12 months, we will identify the categories of personal information shared with each category of third party recipient; (vii) If we have sold your personal information over the past 12 months, we will identify the categories of personal information sold to each category of third party recipient.

      You may request the above information beyond the 12-month period, but no earlier than January 1, 2022. If you do make such a request, we are required to provide that information unless doing so proves impossible or would involve disproportionate effort.

   2. Right to data portability. You may be entitled to receive a copy of your electronic personal information in a readily usable format.

   3. Right to know. You may be entitled to receive information regarding the categories of personal information we collected, the sources from which we collected personal information the purposes for which we collected and shared personal information, the categories of personal information that

      we sold and the categories of third parties to whom the personal information was sold, and the categories of personal information that we disclosed for a business purpose in the 12 months preceding your request.

   4. Right to deletion. You may be entitled to request that we delete the personal information that we have collected from you. We will use commercially reasonable efforts to honor your request, in compliance with applicable laws. Under the California Privacy Rights Act of 2022 (the “CCPA”), this right is subject to certain exceptions: for example, we may need to retain your personal information to provide you with the Services or complete a transaction or other action you have requested, or if deletion of your personal information involves disproportionate effort. If your deletion request is subject to one of these exceptions, we may deny your deletion request. .

   5. Right to opt-out of certain sharing with third parties. You may be entitled to direct us to stop disclosing your personal information to third parties for monetary or other valuable consideration. As noted above, we do use trusted partners for interest based advertising. If you wish to opt- out of our sharing of your personal information for such interest based advertising, you may do so by following the instructions in the “Managing Your Personal Information” section above.

   
   

   You may freely exercise these rights without fear of being denied goods or services. You are also provided the right to not be discriminated against for exercising your rights. If you are a California resident and would like to exercise one of your rights, please email help@ponchooutdoors.com. Please note that California law requires us to verify the requests we receive from you when you exercise certain of the rights listed above. We (or third parties we engage to assist us) may ask you to provide certain information to us in order for us to verify the request.

   
   

   In addition to these rights, pursuant to California's “Shine the Light” law, California residents who share personal information with us have the right to request and obtain from us once per year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you would like to exercise this right, please use the contact information listed in this section to contact us.

   
   

10. Nevada Resident Rights

    If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties. You can exercise this right by contacting us at help@ponchooutdoors.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.

11. Colorado Resident Rights

    If you are a Colorado resident, you have the rights set forth under the Colorado Privacy Act (“CPA”). Please see the “Exercising Your Rights under the State Privacy Laws” section below for instructions regarding how to exercise these rights. Please note that we may process personal information of our customers’ end users or employees in connection with our provision of certain services to our customers. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request. If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Colorado resident, the portion that is more protective of personal information shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at help@ponchooutdoors.com.

    1. Access

       You have the right to request confirmation of whether or not we are processing your personal information and to access and request a copy of your personal information in a machine-readable format, to the extent technically feasible, twice within a calendar year.

    2. Correction

       You have the right to correct inaccuracies in your personal information, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your personal information.

       
       

    3. Deletion

       You have the right to delete personal information concerning you.

       
       

    4. Profiling Opt-Out

       We do not process your personal information for ‘Profiling’ to make ‘Decisions’ under the CPA. ‘Profiling’ means any form of automated processing performed on personal information to evaluate, analyze or predict personal aspects related to an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location or movements. ‘Decision’ means any ‘Decisions that Produce Legal or Similarly Significant Effects Concerning a Consumer,’ as defined in the CPA that concern you.

    5. We Will Not Discriminate Against You

       We will not process your personal information in violation of state and federal laws that prohibit unlawful discrimination against consumers.

12. Connecticut Resident Rights

    If you are a Connecticut resident, you have the rights set forth under the Connecticut Data Privacy Act (“CTDPA”). Please see the “Exercising Your Rights under the State Privacy Laws” section below for instructions regarding how to exercise these rights. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request. If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Connecticut resident, the portion that is more protective of personal information shall control to the extent of such conflict. If you have any

    questions about this section or whether any of the following rights apply to you, please contact us at help@ponchooutdoors.com.

    1. Access

       
       

       You have the right to request confirmation of whether or not we are processing your personal information and to access your personal information.

    2. Correction

       
       

       You have the right to correct inaccuracies in your personal information, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your personal information.

       
       

    3. Deletion

       
       

       You have the right to delete personal information you have provided to us or we have obtained about you.

    4. Portability

       
       

       You have the right to request a copy of your personal information that is processed automatically in a machine-readable format, to the extent technically feasible.

    5. We Will Not Discriminate Against You for Exercising Your Rights Under the CTDPA

    
    

    We will not discriminate against you for exercising your rights under the CTDPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CTDPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the CTDPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of personal information that we receive from you.

13. Utah Resident Rights

    If you are a Utah resident, you have the rights set forth under the Utah Consumer Privacy Act (“UCPA”). Please see the “Exercising Your Rights under the State Privacy Laws” section below for instructions regarding how to exercise these rights. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request. If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Utah resident, the portion that is more protective of personal information shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at help@ponchooutdoors.com.

    
    

    1. Access

       You have the right to request confirmation of whether or not we are processing your personal information and to access your personal information.

    2. Portability

       You have the right to request a copy of your personal information in a machine-readable format, to the extent technically feasible.

    3. Deletion

       You have the right to delete personal information that you have provided to us.

       
       

    4. We Will Not Discriminate Against You for Exercising Your Rights Under the UCPA

       We will not discriminate against you for exercising your rights under the UCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the UCPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the UCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of personal information that we receive from you.

14. Virginia Resident Rights

    If you are a Virginia resident, you have the rights set forth under the Virginia Consumer Data Protection Act (“VCDPA”). Please see the “Exercising Your Rights” section below for instructions regarding how to exercise these rights. Additionally, please note that these rights are subject to certain conditions and exceptions under applicable law, which may permit or require us to deny your request. If there are any conflicts between this section and any other provision of this Privacy Policy and you are a Virginia resident, the portion that is more protective of personal information shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at help@ponchooutdoors.com.

    1. Access

       You have the right to request confirmation of whether or not we are processing your personal information and to access your personal information.

    2. Correction

       You have the right to correct inaccuracies in your personal information, to the extent such correction is appropriate in consideration of the nature of such data and our purposes of processing your personal information.

    3. Portability

       You have the right to request a copy of your personal information in a machine-readable format, to the extent technically feasible.

    4. Deletion

       You have the right to delete personal information you have provided to us or we have obtained about you.

    5. Consent or “Opt-in” Required and How to Withdraw

       We may seek your consent to collect or process certain personal information, including: 1) Sensitive Data, or 2) Sensitive Data from a known child under 13 years of age.

       If you would like to withdraw your consent, please follow the instructions under the “Exercising Your Rights under the State Privacy Laws” section.

       
       

    6. We Will Not Discriminate Against You for Exercising Your Rights Under the VCDPA

       We will not discriminate against you for exercising your rights under the VCDPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the VCDPA. However, we may offer different tiers of our Services as allowed by applicable data privacy laws (including the VCDPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of personal information that we receive from you.

       
       

15. Exercising Your Rights under the State Privacy Laws

    To exercise the rights described in this Privacy Policy, you or, if you are a California, Colorado or Connecticut resident, your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected personal information, and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use personal information provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

    We will work to respond to your Valid Request within the time period required by applicable law. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

    1. Request to Opt-Out of Sale, Share, and/or Targeted Advertising. If you are a California, Colorado, Connecticut, Virginia, or Utah resident, you may opt-out from any “sales,” “shares,” or targeted advertising, by using the following methods:

       • Email us at help@ponchooutdoors.com

       • By accessing your cookie consent mechanism by accessing your "Manage Cookies” settings at the bottom middle.

       • By implementing the Global Privacy Control or similar universal privacy control that is legally recognized by a government agency or industry standard and that complies with applicable State Privacy Laws. The signal issued by the control must be initiated by your browser and applies to the specific device and browser you use at the time you cast the signal. Please note this does not include Do Not Track signals.

       • By requesting to opt-out through the “Do Not Sell or Share My Information” button, located at the bottom of this webpage.

         
         

    2. Request to Opt-Out of Profiling. If you are a Colorado or Connecticut resident, you may opt-out of Profiling for Decisions. You can opt-out by emailing us at help@ponchooutdoors.com

    3. Request to Opt-Out of Processing of Sensitive Personal Information. If you are a Utah resident, you may opt-out of processing of your Sensitive personal information. You can opt-out by emailing us at help@ponchooutdoors.com

    4. Request to Limit the Use of Sensitive Personal Information. If you are a California resident, you may exercise your Right to Limit by emailing us at help@ponchooutdoors.com

    5. Request to Withdraw Consent to Certain Processing Activities. If you are a Colorado resident, you may withdraw your consent allowing us: 1) to process your Sensitive Data (including Sensitive Data Inferences), 2) to sell, or process your personal information for Targeted Advertising or Profiling after you have exercised your right to opt-out, or 3) to process your personal information for Secondary Use, by emailing us at help@ponchooutdoors.com.

       If you are a Connecticut resident, you may withdraw your consent allowing us: 1) to process Sensitive Data or 2) to sell, or process personal information for Targeted Advertising if you are at least 13 years old but younger than 16 years old, by using the following methods:

       • Email us at help@ponchooutdoors.com

       • Requesting to opt-out through the “Do Not Sell or Share my Information” button, located at the bottom of this webpage.

         
         

    6. Request to Access, Delete, or Correct. You may submit a Valid Request for any other rights afforded to you in this Privacy Policy by emailing us at help@ponchooutdoors.com

       If you are a California, Colorado or Connecticut resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

    7. Appealing a Denial. If you are a Colorado, Connecticut, or Virginia resident and we refuse to take action on your request within a reasonable period of time after receiving your request in accordance with this section, you may appeal our decision. In such appeal, you must

       (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request, and (2) provide a description of the basis of your appeal. Please note that your appeal will be subject to your rights and obligations afforded to you under the CPA, CTDPA, or VCDPA (as applicable). We will respond to your appeal within the time period required under the applicable law. You can submit a Verified Request to appeal by the following methods:

       • Email us at: help@ponchooutdoors.com (title must include “[STATE OF RESIDENCE] Appeal”)

       • Submit a form at this address: 9200 Waterford Centre BLVD, Ste 550, Austin TX 78758

       If we deny your appeal, you have the right to contact the Attorney General of your State, including by the following links: www.oag.state.va.us/consumer-protection/index.php/file-a-complaint (VA), www.coag.gov/resources/colorado-privacy-act/ (CO), and www.portal.ct.gov/AG/Sections/Privacy/The-Privacy-and-Data-Security-Department (CT).

16. Additional Topics

    1. Payment Processors. When you make purchases through the Services, we process your payments via a third-party payment processor. In these instances, the third party application may collect certain Financial Information from you to process a payment on behalf of Poncho, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the third party terms, conditions and privacy policies. If you apply for or otherwise take part in a financing offer through one of our financing partners, you will be asked to provide information (which may include Financial Information) to that financing partner, either directly or through the Services. The use of that information by the financing partner will be subject to the financing partner's terms, conditions and privacy policies. Our treatment of any Financial Information that we may Process on your behalf, or that we receive from our financing partners or payment processors, is subject to this Privacy Policy. For more information on our use of third party payment processors and financing partners, including the name(s) of the entities that we partner with, please email help@ponchooutdoors.com.

    2. International Data Transfers. You agree that all personal information collected via or by Poncho may be transferred, processed and stored anywhere in the world, including but not limited to, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. By providing information to Poncho, you explicitly consent to the storage of your personal information in these locations.

    3. Third-Party Sites and Services. The Service may contain links to other websites and other websites may reference or link to the Poncho website or other Services. These other domains and websites are not controlled by us, and Poncho does not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. 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 third parties.

17. 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.

    
    

    1. 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, discussed in the “Cookies, Pixels, and Similar Technologies” section. 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). Poncho uses cookies to help keep track of items you put in your shopping cart including when you have abandoned your cart and this information may be use used to determine when to send cart reminder messages via SMS.

       
       

       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.

       
       

    2. 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.

       
       

       1. 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. The above excludes text messaging originator opt-in data consent; this information will not be shared with any third parties.

            
            

          • 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.

          
          

       2. 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.

          
          

       3. 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.

          
          

    3. 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 at any time by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT.

    
    

18. Updating this Privacy Policy

As we continually work to improve our Services, we may need to change this Privacy Policy from time to time. We will alert you of material changes by placing a notice on the Poncho's website, by sending you an email and/or by some other means. Please note that if you've opted not to receive legal notice emails from us (or you haven't provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.

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. If you are a resident of a country that is not the United States, you may have the right to take any complaints or concerns you have about our compliance with this privacy policy to the appropriate supervisory authority which has jurisdiction over privacy rights in your country.

Last updated: July 31st, 2024