Privacy Policy

HELM Boots
Privacy Notice

Last updated: December 19, 2022

Helm Boots Inc. (“Helm Boots,” “we,” “our” or “us”) respects your privacy and is committed to protecting it through our compliance with this privacy notice. This privacy notice explains our policies and procedures regarding the collection, use, disclosure, and security of certain information that we receive, with a focus on information that would be considered “personal data” within the meaning of the EU General Data Protection Regulation (“GDPR”) and similar laws in the United States and other countries (together with GDPR, collectively, the “Data Protection Laws”). As used in this privacy notice, “personal data” means information that (either in isolation or in combination with other information held by Helm Boots) enables you to be identified or recognized.

Helm Boots manufactures and sells boots, shoes and other goods and accessories (collectively, the “Helm Products”) for its customers (“Customer”, “you” or “your”).

For the purposes of GDPR, Helm Boots is considered the data controller. This means that we are responsible for deciding how we use the information that we hold. We are a Delaware corporation registered in the United States with an office at Helm Boots Inc., 1200 E 11th St #101, Austin, TX 78702, Att: Privacy Notice.

GDPR applies to you if you are located in the European Economic Area, the United Kingdom or Switzerland (an “EEA Individual”).

Please note that by purchasing any Helm Products from Helm or visiting or using https://helmboots.com (collectively, the “Site”) and the various other related content, blogs, services, features, functions, software, applications and websites (together with the Helm Products and the Site, collectively the “Helm Boots Services”), you are accepting the practices described in this privacy notice, subject to any rights or restrictions that might apply under (a) GDPR if you are an EEA Individual, including the rights described in the European Privacy Rights for EEA Individuals provisions below and (b) the other Data Protection Laws if you are a resident in the states or countries in which such Data Protections Laws apply. This privacy notice is incorporated by reference into any agreements between you and Helm Boots that govern your purchase of any Helm Products from Helm or use of the Site or other Helm Boots Services (the “Terms”).

This notice describes the types of information we may collect from you or that you may provide when you purchase any Helm Products from Helm or you access or use the Site, the other Helm Boots Services or any of the other features, functions, services, and products, and our practices for collecting, using, maintaining, protecting and disclosing that information.

This notice applies to information we collect or may collect about Customers and other users of the Site and the other Helm Boots Services (“User”, “you” or “your”):

• In accessing and using the Site and the other Helm Boots Services.
• In registering and creating an account in connection with the purchase of any Helm Products from Helm.
• In purchasing any Helm Products from Helm.
• When you post any reviews the Helm Products.
• In e-mail, text and other electronic messages sent through or use of the Site, and the other Helm Boots Services.
• When you post any content through the Site or any of the other Helm Boots Services.
• Through services provided to us or to you by third-party companies, agents or contractors.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Helm Boots or any third party; or
• Any third party, including through any link that may be accessible from or on the Site or any of the other Helm Boots Services.
• Any third-party sellers of the Helm Products (e.g., Amazon, department stores, etc.).

Please read this notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your only choice is not to purchase any Helm Products from Helm or use the Site or any of the other Helm Boots Services. By purchasing any Helm Products from Helm or accessing or using any of the Helm Boots Services, you agree to this privacy notice. This notice may change from time to time. Your continued purchase of Helm Products from Helm or use of the Site and/or any of the other Helm Boots Services, after we make changes is deemed to be acceptance of those changes, so please check the notice periodically for updates.

Minors under the Age of 18
None of the Helm Boots Services are intended for minors under 18 years of age. No one under age 13 may provide any information on or through the Site or the other Helm Boots Services. We do not knowingly collect personal data from children under 13. If you are under 13, do not use or provide any information on or through any of the Helm Boots Services or any of its features or register on the Site, use any of the interactive or public comment features of any of the Helm Boots Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name, username you may use or any pictures of you. If we learn we have collected or received personal data from a child under 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us at contact@helmboots.com.

Information We Collect About You and How We Collect It
We collect or may collect several types of information from and about purchasers of Helm Products from Helm or users of the Site and the other Helm Boots Services, including information by which you may be personally identified:

• Your name, email address and a unique password when you create an account;
• Your name, address and phone number and at your option, the name of your company, when you purchase any Helm Products from Helm;
• Credit and debit card information when you purchase any Helm Products from Helm;

• Photos and reviews of Helm Products and other content that you submit to be published or displayed on or through any of the Helm Boots Services (collectively, “User Content”).

• Analytics information when you access and use any of the Helm Boots Services; and
• Information that is about you but individually does not identify you, such as the date and time of your Site visit;
• Geo-location information;
• Device and internet information such as the hardware model, operating system version, unique device identifiers, browser type and language information;
• When you report a problem with any of the Helm Boots Services;
• Records and copies of your correspondence (including e-mail addresses), if you contact us; and/or
• Details of transactions you carry out through the Site and any of the other Helm Boots Services.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through or use the Site or any of the other Helm Boots Services.
• From third parties, such as our business partners and other third parties that provide us or you with certain services.

Certain transactions may also involve you calling us or our calling you. Please be aware that we may monitor, and in some cases, record such calls for staff training or quality assurance purposes.

You may now or in the future provide photos and reviews of Helm Products and other content posted, and/or submitted by you to be published or displayed (hereinafter, “posted”) on or through the Site and or the other Helm Boots Services (collectively, “User Content”). Your User Content is posted on and transmitted to others at your own risk.  We cannot control the actions of other users of the Helm Boots Services with whom your User Content is accessible. Therefore, we cannot and do not guarantee that your User Content will not be viewed, downloaded or shared by unauthorized persons. 

Data Minimization
We take every reasonable step to limit the volume of your personal data that we process to what is reasonably necessary. 

We do not Engage in Automated Decision-making without Human Intervention
We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or otherwise significantly affects you. 

Consequences of not providing Personal Data
You are not required to provide all personal data identified in this notice to use our Site or to interact with us offline, but certain functionality will not be available if you do not provide personal data.  In addition, if you do not provide the personal data, we may not be able to sell you the Helm Products that you wish to purchase, respond to your requests, provide the Helm Boots Services, or provide you with marketing that we believe you would find valuable.

Use of Cookies and Other Tracking Technologies
The technologies we use for automatic data collection may include:

• Cookies (including browser cookies and other technologies like pixels). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site.
• Tracking APIs.

Do Not Track Policy
Your web browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. We do not honor any web browser “Do Not Track” signals or other mechanisms that provide you with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third-party websites or online services. At present, no universally accepted standards exist on how companies should respond to do-not-track signals. In the event a final universally accepted standard is established, we will assess and provide an appropriate response to these signals. 

Third-party Responsibilities and Services
We may use or partner with other third-party companies, agents or contractors for various purposes in connection with our business and operations (“Service Providers”), including for our on-line store, customer service, payment processing, support, user behavior on our Site, order and inventory management, customer support, email marketing, SMS/MMS marketing, our loyalty program, customer reviews, Helm Product returns, cloud computing and data storage, the marketing and growth of our business and the performance of services on our behalf, such as gathering and analyzing information and the provision of services to you. In the course of performing these responsibilities and providing such services, these other companies may have access to your information. We may also share information, including your information, with these Services Providers in order to enable them to perform these responsibilities and to provide these services.  These Services Providers may have adopted their own privacy policies, which are not subject to control by Helm Boots. You should always review the policies of these Service Providers to make sure that you are comfortable with the ways in which they collect, use, maintain, protect and disclose your information. We do not list our current Service Providers because they change from time to time. If you would like the names of any of our Service Providers, please email us at contact@helmboots.com.

The Service Providers may also transmit cookies to your computer or device when you click on ads that appear on or through the Service.

As a convenience to you, we may also provide links to other third-parties from within the Helm Boots Services. If you click on one of these links, you will be redirected to that third-party’s site (via affiliate cookies) and such third party may also transmit cookies to you. We do not have any control over that or how they collect, use, maintain, protect and disclose your information. Please be aware that cookies placed by third parties may continue to track your activities online even after you are no longer using any the Helm Boots Services, and those third parties may not honor “Do Not Track” requests you have set using your web browser.

Shopify
We use Shopify to power our online store. To find out more information about how Shopify may use your personal data, we encourage you to visit: https://www.shopify.com/legal/privacy.

Google Ads
The  Site uses Google AdWords to advertise on third party websites to previous visitors to our site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an inquiry. This could be in the form of an advertisement on the Google search results page or a site in the Google Display Network Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the Site. Of course, any data collected will be used in accordance with this privacy notice, as well as Google’s privacy policy.

Google Analytics
We use a tool called “Google Analytics” to collect information about use of the Site. Google Analytics collects information such as how often users visit the Site, what pages they visit when they do so, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics to improve the Site, the other and their related features, functionality and performance. Google Analytics collects only the IP address assigned to you on the date you visit this Site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information that has not been anonymized and/or aggregated. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit the Site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to the Site by disabling cookies on your browser.

You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to, you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

DoubleClick: We may use Google Analytics and Google Adwords remarketing codes to log when users view specific pages or take specific actions on a website. This allows us to provide targeted advertising in the future. If you do not wish to receive this type of advertising from us in the future you can opt out using the DoubleClick opt-out page or the Network Advertising Initiative opt-out page.

Google has additional information available about its Remarketing Privacy Guidelines, Policies, and Restrictions on its website.

Facebook Pixel
We use Facebook Pixel to track conversion and direct relevant advertising to our customers. It is an analytics tool provided by Meta Platforms Inc. (previously “Facebook”) that allows us to measure the effectiveness of our advertising by understanding the actions Users take on the Site.

To find out more information about how Facebook may use your personal data, we encourage you to visit: https://www.facebook.com/business/m/privacy-and-data.

TikTok Pixel
We use the TikTok Pixel, a web analytics service provided by TikTok Inc. (“TikTok”). With the help of the TikTok pixel, it is possible for TikTok to determine the visitors to our Site as a target group for the display of advertisements (so-called “TikTok Ads"). Accordingly, we use the TikTok pixel to display the TikTok ads placed by us only to those TikTok users who have also shown an interest in our online offer or who have certain characteristics that we transmit to TikTok, and who may have been identified within TikTok’s advertising platform. The TikTok pixel also allows us to statistically analyze the TikTok ads that are served. Data processing by TikTok is carried out within the framework of TikTok's Data Use Policy. To find out more information about how TikTok may use your personal data, we encourage you to visit: https://ads.tiktok.com/i18n/official/policy/business-products-terms and https://ads.tiktok/com/i18n/official/policy/privacy.

Rakuten Advertising:
We use Rakuten Advertising, which may collect certain of your personal data when you interact with our Site, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our Site and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. To find out more information about how TikTok may use your personal data, we encourage you to visit: https://rakutenmarketing.com/legal-notices/services-privacy-policy/.

To submit an opt-out request: https://rakutenadvertising.com/legal-notices/services-privacy-rights-request-form/.

How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal data:

• To offer the Helm Products.
• To provide the Site and the other Helm Boots Services and content that is on them to you.
• To process and complete transactions, including the sale of the Helm Products that you purchase from us and send you related information.
• To provide technical and other support to you.
• To notify you of new Helm Products or changes to the Helm Products.
• To enable Service Providers to perform certain responsibilities and provide certain services in connection with the Helm Boots Services and our business and operations, including Shopify that powers our online store.
• To send you promotional communications, such as providing you with information about the Helm Products, services, features, surveys, newsletters, offers and events, and providing other news or information about us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account.
• To carry out our obligations and enforce our rights arising from any transactions and contracts entered into between you and us, including for billing and collection.
• To notify you about changes to the Site and the other Helm Boots Services.
• To enhance the safety and security of all of the Helm Boots Services.
• To verify your identity and prevent fraud or other unauthorized or illegal activity.
• To enable marketing, remarketing and targeted advertising and similar services from us or Service Providers, including direct and indirect marketing and on-line behavioral advertising regarding the Helm Products and third-party products and services that we believe may be of interest to you, including advertisement on third party websites. We do not market to EEA Individuals without your consent.
• To perform targeted and other advertising on third party websites.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

 Some of the information that we collect automatically is statistical data and does not include personal data, but we may maintain it or associate it with personal data we collect in other ways or receive from third parties or you provide to us. It helps us to improve the Site and the other Helm Boots Services, and to deliver a better and more personalized service, including enabling us to:

• Estimate our audience size and better understand usage patterns.
• Store information about your preferences, enabling us to customize the Site according to your individual interests.
• Speed up your searches.
• Recognize you when you return to the Site.

Storage and Transfer of Your Information
We may store any data or other information that we collect (personal or otherwise) ourselves or in databases and servers owned and maintained by us, our affiliates, agents or Service Providers. If you access or use the Site or any of the other Helm Boots Services outside of the United States, information that we collect about you may be transferred to servers inside the United States and maintained indefinitely, which may involve the transfer of information out of countries located in the European Economic Area and other parts of the world unless otherwise prohibited by applicable law or agreed by Helm Boots and you. By allowing Helm Boots to collect information about you, you consent to such transfer and processing of such information without restriction. We may also store some information locally on your computer or other devices. For example, we may store information as local cache so that you can open the Site and view content faster.

Although users from all over the world may access the Site and the other Helm Boots Services, keep in mind that no matter where you live or where you happen to purchase any of the Helm Products from use or use any of the Helm Boots Services, you consent to us processing and transferring information in and to the United States and other countries whose data-protection and privacy laws may offer fewer protections than those in your home country. 

Disclosure of Your Information
We may disclose aggregated and/or anonymized information about our Customers and other users, and information that does not include any personal data, without restriction.

We may disclose personal data that we collect or you provide as described in this privacy notice:   

• To our subsidiaries and affiliates.
• To Shopify and our other Service Providers, contractors and other third parties we use to support the Helm Boots Services and our business.
• To a potential or actual buyer. assignee or other successor (including its related advisors and agents) in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Helm Boots’ assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by Helm Boots about Customers and other Users of the Site and the other Helm Boots Services are among the assets that may be or are actually transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your data information:

• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• To enforce or apply the Terms and other agreements, including for billing and collection purposes.  
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Helm Boots, our customers or others.

We may use, share, disclose or sell anonymized or aggregated information for any purpose without restriction so long as we do not disclose any of your personal data or violate the terms of this privacy notice or any applicable law. 

Choices About How We Use and Disclose Your Personal Data
We strive to provide you with choices regarding the personal data you provide to us. We have created mechanisms to provide you with the following control over your personal data:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that all or some parts of the Helm Boots Services, may then be inaccessible or not function properly.
• Promotional Offers from Helm Boots. If you do not wish to have your e-mail address/contact information used by Helm Boots to market or otherwise promote our own or third parties’ products or services, you can opt-out through the unsubscribe mechanism at the bottom of the applicable email. This opt out does not apply to information provided to Helm Boots as a result of a product purchase, warranty registration, product service experience or other transactions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. You may be able to opt out of receiving personalized advertisements from companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info and http://www.networkadvertising.org/choices/. You may also use TRUSTe’s Preference Manager at http://preferences-mgr.truste.com.

Our Legal Bases for Handling Your Personal Data
GDPR and the Data Protection Laws in some other jurisdictions require companies to tell you about the legal bases that they rely on to use or disclose your personal data. To the extent that those laws apply, we rely on the following legal grounds to process your personal data:

• Performance of a contract: In most cases, we collect and use your personal data and other information to sell and deliver the Helm Products that you purchase from us or meet our obligations under a contract to which you are a party or pursuant to which we are providing services to you. For example, when you use the Site or the other Helm Boots Services, we will use your personal data to respond to your requests and to provide you with these services.
• Legitimate interests: We may use your personal data information for our legitimate interests on the grounds that it furthers our legitimate interests in commercial activities (but only to the extent that such interests are not overridden by the interests or fundamental rights and freedoms of the affected individuals) including:

• Analyzing and improving the Site and the other Helm Boots Services and our business
• Selling and delivering the Helm Products that you purchase from us.
• Marketing

• Legal compliance: We may use and disclose personal data in certain ways to comply with our legal obligations under European or Member State law or other applicable law.
• Consent:  To the extent required by law, and in certain other cases, we handle personal data on the basis of implied or express consent. 

Accessing and Correcting Your Personal Data
You may change, correct or delete any personal data that you have provided to us through your account or by contacting us via https://helmboots.com/pages/customer-service.

You may not delete your User Content from any of the Helm Boots Services.  If you have any questions or concerns about any User Content that you have posted, please contact us at contact@helmboots.com.  

Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please send an e-mail to contact@helmboots.com or write to us at: 1200 E 11th St #101, Austin, TX 78702, Att: Privacy Notice.

European Privacy Rights for EEA Individuals
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your personal data) if we intend to use your personal data for such purposes or if we intend to disclose your personal data to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your personal data. You can also exercise the right by contacting us directly.

If you are an EEA Individual and GDPR applies and we hold your personal data in our capacity as a controller, you may request that we:

• Provide access to and/or a copy of certain personal data (including, in some cases, in portable form);
• Prevent the processing of your personal data for direct-marketing purposes (including any direct marketing processing based on profiling);
• Update personal data that is out of date or incorrect;
• Delete certain personal data which we are holding about you; provided that the personal data is not required by us for (i) compliance with a legal obligation under European or Member State law or other applicable law or (ii) the establishment, exercise or defense of a legal claim;
• Object to our processing of personal data;
• Restrict the way that we process and disclose certain of your information except to the extent that processing is required (i) to comply with a legal obligation under European Member State law or applicable law or (ii) for the establishment, exercise or defense of legal claims;
• Transfer your personal data to a third party to the extent that this is technically feasible; and
• Honor a revocation of your consent for the processing of your personal data (without retroactive effect).

We will consider all requests and provide our response within the time period required by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with additional information to confirm your identity before responding to your request. You have the right to lodge a complaint with the authorities applicable to your situation, though we invite you to contact us with any concern, as we would be happy to try to resolve it directly. You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here:  https://edpb.europa.eu/about-edpb/board/members_en.

If you are an EEA Individual in France, you also have the right to set guidelines for the retention and communication of your personal data after your death.

If you reside in a jurisdiction other than the European Economic Area, European Economic Area, the United Kingdom or Switzerland, you may also have similar rights to the above. Please contact us at contact@helmboots.com if you would like to exercise one of these rights, and we will comply with any request to the extent required under applicable law.

In addition, where you believe that we have not complied with our obligation under this Privacy Notice or European law, you have the right to make a complaint to an EU Data Protection Authority, such as the UK Information Commissioner’s Office.  Here is a list of local data protection authorities in EEA countries.

You can exercise any of these rights by contacting us at contact@helmboots.com or write to us at: Helm Boots Inc., 1200 E 11th St #101, Austin, TX 78702, Att: Privacy Notice.

How Long We Store Your Personal Data
We will only retain your personal data, in a form which permits us to identify you, for as long as necessary to fulfill the purposes we collected it for. We will retain and use your personal data as necessary to satisfy any legal, accounting or reporting requirements, to resolve disputes or to enforce our agreements and rights. To dispose of personal data, we may anonymize it, delete it or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for additional time.

Data Security
We understand that the security of your personal data is important. We provide reasonable administrative, technical, and physical security controls to protect your personal data.  However, despite our efforts, no security controls are 100% effective. Helm Boots cannot ensure or warrant the security of your personal data. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or through the other Helm Services.

The safety and security of your data also depends on you. Where you have chosen (or we have given you) a password for access to and use of certain parts of the Site and/or the other Helm Boots Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of any of the Helm Boots Services. The information you share in public areas may be viewed by any other user of the Helm Boots Services. 

Changes to Our Privacy Notice
It is our policy to post any changes we make to our privacy notice on this page with a notice that the privacy notice has been updated on the home pages of the Sites for at least 30 days. If we make material changes to how we treat our users’ personal data that are materially less protective than provided in this notice, we will use reasonable efforts to notify you by e-mail to the e-mail address specified in your account and/or through a notice on the home pages of the Site and to attempt to get your consent to the changes. The date the privacy notice was last updated is identified above. You are responsible for ensuring that we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting the Site and this privacy notice to check for any changes. Like our Terms, of which this privacy notice is a part, your use, and/or continued use after our efforts to contact you, of the Site or any of the other Helm Boots Services, means that you agree to be bound by such changes.

Survival
The policies indicated in this privacy notice will remain effective, even if the Terms and any other agreements between us are terminated and you are no longer purchasing any Helm Products from Helm or using the Site or any of the other Helm Boots Services.

Contact Information
To ask questions or comment about this privacy notice and our privacy practices or need to reach us for any other reason, you may contact us by e-mail at  contact@helmboots.com or by mail at Helm Boots Inc., 1200 E 11th St #101, Austin, TX 78702, Att: Privacy Notice.

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