Last Updated: December 28, 2022

SECTION 1 - Overview

We, Last Brand, Inc., dba Quince, provide this Privacy Policy to explain our practices regarding the collection, use and disclosure of your information that we receive through our Service. The Privacy Policy is a part of the Terms of Service (also the "Terms") which apply to all aspects of this Privacy Policy. The terms "Quince," "we," “our,” and "us" include Last Brand, Inc., and our affiliates and subsidiaries. The Privacy Policy explains our online and offline information practices, the kinds of information we may collect, how we intend to use and share that information, and how you can opt out of a use or correct or change such information. Unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings as in our Terms of Service. 

SECTION 2 - Scope

This Privacy Policy describes how your personal information is collected, used, and shared when you engage with our Service. This Privacy Policy does not apply to any website, application, product, software, service, or content that are offered by third parties or that link to their own privacy statement, privacy policy, or privacy notice. For example, some laws distinguish between organizations which control certain decisions of how personal information is used (often called a “controller”) and those who simply process personal information according to the decisions on others (often referred as a “processor”). We are a controller for those services where we make decisions on how personal information is used in connection with our Service, and we are a processor for those services where we only use personal information as allowed by our customers, vendors, contractors, suppliers, or others. Where we make decisions as a controller, we are responsible for the obligations of a controller under applicable laws in connection with the processing of personal information – for example, we use this Privacy Policy and other notices to provide you with information about our use of personal information, as required by law. Where we are acting as a processor, our customers, vendors, contractors, suppliers, or others are the responsible controller under applicable laws in connection with the processing of personal information and you should contact the controller for issues related to your privacy of personal information.

Quince is located in the United States. Because of cloud computing, during your use of our Service, your personal information may be transferred outside of your home country and stored in and accessed from multiple countries. Whenever we transfer personal information to other jurisdictions, we will ensure that the information is transferred in accordance with this Privacy Policy and as permitted by applicable data protection laws.

SECTION 3 - Personal Information

Our primary goals in collecting information are to provide and improve our Service, to administer your use of the Service, and to enable you to enjoy and easily navigate our Service.

The categories of personal information we collect depend on whether you are a customer, user, applicant or visitor, and the requirements of applicable law.

Information we collect

The type of personal information we collect depends on which Service you use and how you are interact with us. Generally, we collect the following categories of personal information:

• contact information, such as name, alias, address, phone number, social media user ID, email address, and similar data.

• organization and contacts information, such as your employer or organizations that you are a member of, information about your colleagues or those within your organization, your status within and among such organizations, and similar data.

• account information, such as security-related information (including usernames, passwords, and authentication methods), service-related information (including purchase history and account profiles), billing-related information (including payment, shipping, and billing information), and similar data.

• user content, such as content of communications, suggestions, questions, comments, feedback, and other information you provide to us and similar data.

• device & browser information, such as network and connection information (including ISP and IP addresses), device and browser information (including device, application, or browser type, version, plug-in type and version, operating system, user agent, language and time zone settings, and other technical information), advertising identifiers, cookie identifiers and information, and similar data.

• usage information, such as usage metrics (including usage rates, technical errors, diagnostic reports, backup information, and API calls) and user journey history (including clickstreams and page navigation, URLs, timestamps, page response times, errors, and page interaction information such as scrolling, clicks, and mouse-overs), advertising interactions (click rates, purchases, and marketing preferences), and similar data.

• location data, such as the location of your device, your household, and similar location data.

• identity information, such as government-issued identification information, tax identifiers, social security numbers, other government-issued identifiers, and similar data.

• financial information, such as billing address, credit card information, billing contact details, and similar data.

Sources of information

We collect personal information directly from you, from certain third parties, and/or from other sources as follows:

You provide personal information to us when you:

• search for or access our Service.

• use our Service or interact with us.

• create or maintain an account with us.

• purchase or use products or services from third-party providers who have a relationship with us.

• register for or attend one of our events.

• request or sign up for information.

• communicate with us by phone, email, chat, in person, or otherwise.

• complete a questionnaire, survey, or other information request form.

• when you express an interest in working with us or apply for a job or position with us.

We collect personal information when you:

• search for, visit, interact, or use our Service on any device.

• open emails or click on links in emails or advertisements from us.

• otherwise interact or communicate with us.

We also collect personal information from third parties, such as:

• Your organization and others with whom you have a relationship that provide or publish personal information related to you, such as from our customers when they arrange access to our Service for you.

• Professional or industry organizations and certification / licensure agencies that provide or publish personal information related to you.

• Third parties and affiliates who resell or integrate with our Service.

• Service providers and business partners who work with us in relation to our Service and that we may utilize to deliver certain content, products, or services or to enhance your experience.

• Marketing, sales generation, and recruiting business partners.

• Credit bureaus and other similar agencies.

• Government agencies and others who release or publish public records.

• Other publicly or generally available sources, such as social media sites, public and online websites, open databases, and data in the public domain.

How we use information

This section includes details of the purposes for which we use personal information and the different legal reasons for processing that personal information. Some laws require us to explain the lawful basis upon which we process your personal information. With respect to these laws, we process personal information about you for one or more of the following basis:

• To Perform a Contract.

• Business Purpose. Where the processing is necessary for legitimate interests aimed for a business purpose pursued by us or by a third party, except where such interests are overridden by your fundamental rights and freedoms which require protection of personal information.

• Your Consent.

• Comply with the Law.

Processing of Personal Information

We process your personal information in connection with our Service and for other business purposes, including to:

• Provide, deliver, analyze, and administer our Service.

• For internal research and development purposes for new content, products, and services, and to improve, test, and enhance the features and functions of our current Service.

• Process transactions related to our Service and administer accounts or profiles related to you or your organization, including verifying your information, or otherwise provide customer service in pursuance of efficient and effective provision of the Service or other requests from you.

• Personalize and make recommendations related to our Service and other offerings.

• Short-term, transient use as such is defined by applicable law.

• Performing services on behalf of another business or service provider.

• Contact and communicate with you in connection with our Service or other notifications, programs, events, or updates that you may have registered for.

• Send you offers, advertising, and marketing materials, including to provide personalized advertising to you.

• Conduct and communicate with you regarding recruiting and human resources administration.

• Comply with your instructions or to fulfill other, specified purposes for which you have given your consent.

• Identify and repair errors that impair existing intended functionality.

• Detect and prevent fraud and abuse to ensure the security and protection of all customers and others, as well as to identify and authenticate your access to our Service or to identify and authenticate you before we provide you with certain information.

• Exercise our rights and to protect our and others’ rights and/or property, including to take action against those that seek to violate or abuse our Service.

• Comply with the law and our legal obligations, including to respond to a request or order from a court, regulator, or authority, as well as to fulfill our contractual obligations with our customers when they arrange access to our Service for you.

• Effectuate the sale, merger, acquisition, or other disposition of our business (including in connection with any bankruptcy or similar proceedings).

• Perform an audit which may review personal information including without limitation audits of impressions to unique visitors or verifying position and quality of impressions, and otherwise complying with applicable laws, regulations, or standards.

• Other uses of personal information for the performance of our business’ or the Service’s operational purposes, or other notified purposes, provided that the use of personal information will be reasonably necessary and proportionate to achieve the operational purpose fur which the personal information was collected or processed or for another operational purpose that is compatible with the context in which the personal information was collected.

How we share information

We do not sell your personal information. Any disclosure or sharing of your personal information to any third-party is made pursuant to a legitimate business purpose as further described within the Privacy Policy.

We share personal information for the purposes set out in this Privacy Policy and with the following categories of recipients:

• Your organization and contacts. We may share your personal information with your organization and others with whom you have a relationship in order to perform our Service or a contract or other legal obligation, including with our customer that arranges access to our Service for compensation. We may also share your personal information with your contacts if you are in the same organization.

• Business partners. We may share your personal information or other requests with our business partners to jointly offer, provide, deliver, analyze, administer, improve, and personalize products or our Service.

• Social media services. We may work with certain third-party social media providers through our Service. These third-party social networking services may notify your friends, both on our Service and on the social networking services themselves, that you are a user of our Service, in accordance with applicable law and their own privacy policies.

• Third-party service providers. We may share your personal information with third-party service providers to perform tasks in assisting us in offering, providing, delivering, analyzing, administering, auditing, improving, and personalizing our Service. For example, service providers who assist us in performing or enhancing certain products and services related to our Service, who provide technical and/or customer support, who provide software development and quality assurance, who provide tracking and reporting tasks, research on user demographics, interests, and behavior, and other tasks. These third-party service providers may also collect personal information about or from you in performing their services. We may also pass certain requests from you or your organization to these third-party service providers.

• Advertisers. We may share your personal information with advertisers, exchanges, and marketing agencies for advertising services and to assist us in advertising our brand or for the benefit of such advertisers, exchanges, and marketing agencies. Those advertising services may also target advertisements on third party websites based on cookies or other information indicating previous interaction with us or others.

• Users. For some of our Service, we aggregate information from public records, social networks, marketing surveys, business websites, and other sources to create profiles that become a part of our Service. We may also share or facilitate an exchange of your personal information with other users who are your contacts if you are in the same organization. If you choose to include your personal information in any reviews or comments you create, then that personal information may be displayed to other users.

• In the event of merger, sale, or change of control. We may transfer this Privacy Policy and your personal information to a third-party entity that acquires or is merged with us as part of a merger, acquisition, sale, or other change of control (such as the result of a bankruptcy proceeding).

• Other Disclosures. We may disclose your personal information to third parties if we reasonably believe it is helpful or reasonably necessary to comply with any applicable law or regulation, to comply with or respond to a legal process or request, to enforce our terms and conditions or other rights (including investigations of potential violations of our rights), to detect, prevent, or address fraud or security issues, or to protect against harm to the rights, property, or safety of us, our users, or the public.

SECTION 4 - Your Rights

Email and Telephone Communications.

If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Service you have requested. We may also send you certain non-promotional communications regarding us and our Service, and you will not be able to opt out of those communications (e.g. communications regarding the Service or updates to our Terms or this Privacy Policy).

We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists as required by applicable law. We do not share any mobile information, including text messaging originator opt-in data and consent, with third parties or affiliates for marketing or promotional purposes. Information may be shared with subcontractors solely for support services, such as customer service. All other uses exclude the sharing of text messaging originator opt-in data and consent with any third parties.

Mobile Devices.

We may send you push notifications through our mobile application. You may at any time opt- out from receiving these types of communications by changing the settings on your mobile device. We may also collect location-based information if you use our mobile applications. You may opt-out of this collection by changing the settings on your mobile device.

Technologies Policy

Cookies are small text files placed in visitors’ computer browsers to store their preferences and are widely used to remember you and your preferences, either for a single visit (“session cookie”) or multiple visits (“persistent cookie”). They ensure a consistent and efficient experience and perform essential functions like allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (“first party cookies”) or by third parties, such as those who serve content or provide advertising or analytics services on the website (“third party cookies”).

Both websites and HTML emails may also contain other Technologies such as web beacons or pixels. These are typically small transparent images that provide us with statistics for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way as cookies. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted.

We use Technologies for technical reasons and to personalize your experience. Some of these Technologies may be set when a page is loaded or when a user takes a particular action on our Service, both before and after you have registered. For more information on the choices you have about the Technologies we use, please see Section entitled Controlling Technologies below.

Where We Place Technologies

We set technologies in a number of different locations across our services. These locations may include our websites, Service, mobile apps, and e-mails.

Types of Technologies

Below are the types of Technologies we use in our Service and why we use them.:

• Strictly Necessary. These Technologies are essential for our Service to perform their basic functions. These include Technologies that are required to allow registered users to authenticate and perform account-related functions and to save contents of requested Service for e-commerce functions.

• Analytics and Performance. Performance Technologies collect information on how you interact with our Service, including pages visited and other analytical data. These details help us understand how you interact with our Service and how to improve how our Service.

• Functionality. These Technologies are used to store preferences set by users.

• Security. These Technologies help identify and prevent potential security risks.

• Advertising. These Technologies are used to build user profiles, including help show you ads based on products or services you’ve viewed or acts you have taken on our or others’ websites and services. These are generally persistent and set by us and trusted third party networks.

• Third Party / Embedded Content. Services hosted by us make use of different third-party applications and services to enhance your experience with our Service. These include social media platform sharing buttons such as Facebook and LinkedIn. Technologies may be set by these third parties and used by them to track your online activity. We have no direct control over the information that is collected by these cookies.

Controlling Technologies

You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice.

Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on 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

Do Not Track Signals

We do not currently respond to or take any action with respect to web browser Do Not Track signals or other signals that provide consumers the ability to exercise choice regarding the collection of personal information about an individual’s online activities over time and across third party websites or online services. However, in some instances our third-party service providers who integrate within our Service might honor Do Not Track signals.

Consent for Advertising Cookies on Our Sites

You may see a cookie banner on our website concerning consent to all our cookies. If you do not desire to accept all our cookies on our website, then you may not agreeing to our Terms and may not use our Service. To exercise any rights you may have for any non-short-term, non-transient use of your personal information before or after your refusal to accept all cookies, see the Section of the Privacy Policy below. When you consent in this manner, we and our advertising partners may set advertising cookies through our Service while you are visiting.

Requests

In certain circumstances, local data protection laws may give you rights with respect to personal information if you are located in or are a resident of that state. IMPORTANT: WE ARE ONLY REQUIRED TO HONOR RIGHTS TO THE EXTENT THAT THESE RIGHTS HAVE BEEN GRANTED TO YOU AND APPLY TO YOU UNDER APPLICABLE DATA PROTECTION LAWS. PLEASE CONSULT YOUR LOCAL DATA PROTECTION LAWS TO DETERMINE WHAT RIGHTS MAY BE AVAILABLE TO YOU AND WHEN ACCESS TO THESE RIGHTS ARE LIMITED.

What rights may be available to me?

These rights differ based upon local data protection laws in your state, but these rights may include one or more of the following:

• Access to personal information. You may have the right to obtain confirmation from us that we process your personal information and, if so, you may have the right to request access to your personal information and/or discover what information we have shared to third parties and a list of those third parties. Please note that, to the extent permitted by law, we may charge a reasonable fee based on administrative costs for the first or further copies of your personal information requested by you.

• Rectification. You may have the right to request that we rectify inaccurate personal information concerning you and, depending on the purposes of the processing, you may have the right to have incomplete personal information completed.

• Erasure/Deletion. You may have the right to require us to erase some or all of the personal information concerning you.

  However, that we reserve the right to deny a request to delete if we or any of our service providers must maintain the personal information for any of the reasons set forth under applicable law, including those reasons se fort in in Section 1798.105(d) of the California Consumer Privacy Act

• Restriction of processing. You may have the right to require us to restrict the further processing your personal information. In such cases, the respective information will be marked as restricted, and may only be processed by us for certain purposes.

• Object. You may have the right to object, on grounds relating to your particular situation, to the processing of your personal information by us, and we may be required to no longer process some or all of your personal information.

• Data portability. You may have the right to receive a copy of your personal information which you have provided to us, in a structured, commonly used, and machine-readable format, and you may have the right to transmit that personal information to another entity without hindrance from us.

• Withdraw consent. You may have the right to withdraw consent you have provided to us where we rely solely on your consent to process your personal information. You can always provide your consent to us again at a later time.

• Right to complain. You may have the right to lodge a complaint to us at care@onequince.com so we have an opportunity to address your concerns directly.

Importantly, these rights are not absolutely guaranteed and there are several exceptions where we may not have an obligation to fulfill your request. PLEASE CONSULT YOUR LOCAL DATA PROTECTION LAWS TO DETERMINE WHAT RIGHTS MAY BE AVAILABLE TO YOU AND WHICH EXCEPTIONS MAY APPLY. You may have the right to designate an agent to make a request on your behalf by either: (1) having your agent send us a letter, signed by you, certifying that the agent is acting on your behalf; or (2) by you and the agent executing and sending us a notarized power of attorney stating that the agent is authorized to act on your behalf.  Please note that we may still require you to verify your identity before we process a request submitted by your agent.

How do I submit a request?

To make a request or exercise your rights, please email us at care@onequince.com or 1.913.675.2981.

When you make a request, we ask that you help us with the following:

• Tell Us Which Right You Are Exercising: Please specify which right you want to exercise and the personal information to which your request relates (if not to you). If you are acting on behalf of another individual, please clearly indicate this fact and your authority to act on such person’s behalf.

• Tell Us More about Your Relationship with Us: Please let us know how you are associated with us, such as that you use our Service or that you were a former employee.

• Help Us Verify Your Identity: As mentioned above, our security procedures mean that we may request proof of identity before we disclose personal information to you or before we process your other requests. Provide us enough information to verify your identify. If we cannot initially verify your identity, we may request additional information to complete the verification process (such information may include your picture, a copy of your driver’s license or other government-issued ID and/or a recent utility or credit card bill). Please note that if we cannot verify your identity, we may not be able to fulfill your request. Any personal information you disclose to us for purposes of verifying your identity may be shared with our third-party service providers and/or third parties (like your phone carrier) or government agencies for the purpose of verification.

• Direct Our Response Delivery: Depending on your request, we will provide a response to you via email or through a link to access certain information. If you prefer to receive our response in another way, then please let us know your preferred delivery mechanism to receive our response. You may specify, for example, email, mail, or through your account (if you have one with us).

SECTION 5 - Data Retention

We store the personal information we receive as described in this Privacy Policy for as long as you use our Service or as necessary to fulfill the purpose(s) for which it was collected, provide our Service, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

SECTION 6 - Security

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.

By using the Service 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 Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service, by mail or by sending an e-mail to you.

SECTION 7 - Children's Information

The Service are not directed to children under 18 (or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.

SECTION 8 - SMS / MMS Mobile Messaging Marketing Program

We respect your privacy. In connection with our Mobile Message Program, we will only use information you provide to us to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages.  WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED TO ANY THIRD PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property.

SECTION 9 - OTHER

As our organization changes over time, this Privacy Policy is expected to change as well. We reserve the right to amend the Privacy Policy at any time, for any reason, and without notice to you other than the posting of the updated Privacy Policy on our Service. We may e-mail periodic reminders of our notices and terms and conditions, but you should check our Service frequently to see the current Privacy Policy that is in effect and any changes that may have been made to it.

Our website contains some affiliate marketing links, which means we get paid commission on sales of those products or services we write about. Our editorial content is not influenced by advertisers or affiliate partnerships. We use Skimlinks and more information about their data collection is set out in their privacy policy at https://skimlinks.com/privacy-policy. As a result of certain instances of sharing the Company may receive a benefit, which California law considers a “sale” of personal information. To the extent that you do not want us to share your personal information with the third party in this way, you have the right to opt-out of such sharing by clicking here.

Depending on the specific interactions you have with us, we may provide different or supplemental privacy statements that describe and govern how we use your personal information. When we do so, those different or supplemental privacy statements apply to those specific interactions you have with us. If there is any conflict between the English version of our Privacy Policy and a version translated in another language, the English version controls.

SECTION 10 - Contact Us

care@onequince.com

Your Privacy Choices

DO NOT SELL OR SHARE MY PERSONAL INFORMATION

We do not sell your personal information as the concept of “selling” is traditionally understood as being the exchange of something for money. However, we share your personal information with third parties for the purpose of cross-contextual behavioral advertising purposes (e.g., targeted advertising and remarketing) and to third parties that participate in marketing cooperatives and networks that we also participate in. We do so for the purpose of allowing such third parties to provide you with advertising and marketing about both our and their products (or their customers’ products) that is more relevant to your preferences and interests. Applicable U.S. state data protection laws hold such disclosures and sharing to be considered “selling” or “sharing”. Therefore, you have the right to opt out of such selling and sharing. In the preceding 12 months, we have sold or shared the following categories of personal information with the following categories of third parties and for the following purposes:

For further information on such activities, please see our Privacy Notice.

We do not knowingly sell or share for cross-contextual behavioral advertising purposes, the personal data of anyone under the age of 16 years old. See the “Children’s Privacy” section of this Privacy Notice for more information.

Under applicable data protection laws, you may have the right to opt-out of our “sale” or “sharing” of personal information to third parties. If you wish to opt-out of such “sales” please follow the opt-out instructions below. This is a limited opt-out that does not apply to information sold or shared prior to the Company receiving your request. Additionally, this opt-out is specific to us and does not apply to any third party activity.

Instructions

You can exercise your opt-out rights (subject to all applicable exceptions and exemptions) through the following methods. Please note that, regardless of the method you choose to opt-out, this is a limited opt-out that does not apply to information sold or shared prior to our receipt of your request.

• Calling:

  +1 913-675-2981

• Emailing:

  care@onequince.com

If you only want to opt out of the “selling” or “sharing” of your personal data with respect to our use of third-party remarketing and targeted advertising purposes through cookies and similar online trackers, you can download the Global Privacy Control signal to opt out of the “selling” or “sharing” of your personal data for targeted advertising purposes. See here for more information on the Global Privacy Control click here. Note that if you opt out via the Global Privacy Control signal, you will need to turn it on for each supported browser or browser extension you use.