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This Privacy Policy (the "Privacy Policy") applies to our website available at beaspunge.com and (collectively, the "website" or "site") operated by Spunge Footwear, LLC ("Spunge", "Company" "we," "our", or "us"), as well as to the services available via the website and otherwise (including online and offline third-party services) and information available on the website (collectively, the "Services"). This Privacy Policy applies to information that identifies you as a person (“Personal Identifiable Information”) and describes how we collect, use, and disclose information, governs how we treat this information, and lets any visitor to the website (collectively, "you," and/or "your") know your associated rights. Please read this Privacy Policy carefully; once you consent to this Privacy Policy and its terms, it creates legal obligations on you and on Spunge.

By accessing the Website, you acknowledge this Privacy Policy and agree to be bound by the terms hereof, the Terms of Use, and any other terms or policies we post on the Website. If there is anything you do not understand, please email any inquiry to privacy@beaspunge.com or through our privacy portal Privacy Request.  If at any time you do not agree to this Privacy Policy, please do not use the Website or provide us with any Personal Information.

Our Website contains links to other websites for your convenience and reference. We are not responsible for the privacy practices or the content of those sites.

We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Website or emailing you notice of the changes. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted.  Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof.

WHAT PERSONAL INFORMATION DO WE COLLECT FROM THE PEOPLE THAT VISIT OUR BLOG, WEBSITE OR APP?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, e-mail address, mailing address, phone number, credit card information or other details to help you with your experience. This information consists of the following:

Personally Identifiable Information. The Personally Identifiable Information we collect may include the following:

• Your name;
• Your phone number;
• Your e-mail address;
• Your name (and/or company name, as applicable);
• Your shipping and billing address;
• Device identifiers, such as cookies and IP addresses;
• Device information, such as hardware and software settings;
• IP addresses and log information, such as your device’s name, the type and version of your web browser, and referrer addresses that can function to identify a user device; and
• Tracking information that we, or a third party, may collect.

Anonymous Information.  Our website also collects, processes, and/or uses information that does not identify You or Your devices, including Personally Identifiable Information that has been made anonymous by: (i) removing identifying fields and aggregating the information with other information so that individual subjects of the information cannot be re-identified, or (ii) anonymizing the information with techniques that remove or modify the identifying data so as to prevent re-identification of the anonymized information (collectively, "Anonymous Information"). Information that meets these criteria might include, for example, demographic information, statistical information (e.g., page views and hit counts), and general tracking information.

Treatment of Combined Information. If we combine Non-Personally Identifiable Information or Anonymous Information with Personally Identifiable Information, we treat the resulting combination as Personally Identifiable Information.

WHEN DO WE COLLECT INFORMATION?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form, Use Live Chat or enter information on our site.  We collect the above information through the following means and technologies:

• Contacting our Company. You can contact us with questions or comments – for example, you can contact us to learn more about our products and services. In order to communicate with us, you must provide certain Personally Identifiable Information.
• Information Provided to Third Parties. As explained further in How We Share Your Information – Our Service Providers," we may engage third parties to perform certain services for us or on our behalf, including but not limited to verification, payment processing, shipping, customer service, etc. Any communication by you on the website may be managed by such third parties, and we may obtain those communications by the applicable service provider your information that you provide.
• We may offer newsletters and other content about our Company, our services and products, and other issues that we believe may be of interest to You. We will use Your Personally Identifiable Information to provide You with this content. You can opt-out of receiving this content, by following the instructions set out in Your Right to Opt-Out; Right of Access; Object to Processing; Deleting Information.
• Device Identifiers; Logs; IP Addresses. To determine whether your device is supported by the Website and Services, we may collect certain information about your device and network, including your IP address, your operating system and browser, your device model, information about your use of the website or Services, as well as the presence of any software that the website or Services may require to operate with your device, or other third party software or mobile apps on your device. We automatically receive and record this information in log files, and this is generally Non-Personally Identifiable Information.
• A cookie is a small amount of data that is sent to your browser from a website’s computers and stored on tour computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on the website and use them to recognize you when you return to the website. You may choose not to accept cookies. Important: Any adjustments you may make to the settings in your browser software concerning the acceptance or refusal of cookies may modify your browsing on the Internet and your terms of access to certain services requiring use of these cookies. For example, by refusing certain essential cookies, you may no longer be able to place orders on our website. If you choose to refuse the registration of cookies on your terminal or if you delete cookies that are already registered, we decline all responsibility for any consequences relating to the degraded performance of our services resulting from the fact we are unable to register or consult the cookies required for their performance and which you have refused or deleted.
• Beacons and Tags. The Website may use certain data collection technologies that rely on (i) beacons; (ii) pixel tags and object hyperlinking tags; and (iii) other means to link an object to an Internet address, a remote software application, a remote database, or other remote means of receiving or processing information. We may use these technologies to tell us what parts of the website have been visited or to measure the effectiveness of searches that users perform on the website. These technologies also enable us to send e-mail messages in a format users can efficiently read, to learn whether these e-mail messages have been opened, and to help ensure, for example, that our messages are of interest to our users. These technologies provide us with Anonymous Information, Non-Personally Identifiable Information and, in certain instances, Personally Identifiable Information.
• Click-Throughs. We may send e-mail messages or display links that use a "click-through URL" linked to the website or to another resource. When you click one of these URLs, You pass through our web server before arriving at the destination website page or other resource. Click-throughs may use and collect Anonymous Information and Non-Personally Identifiable Information. We may track this click-through data to help determine interest in particular topics and measure the effectiveness of our user communications.
• Links to Third-Party Sites. The Website may also contain links or produce search results that reference links to third party websites (collectively "Linked Sites"), such as those to visit our pages on social media websites. Our Company has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites’ privacy practices with respect to information that you provide to the Linked Sites. Our Company does not endorse the content of any Linked Site, nor does our Company warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the website to search for or link to another site, you agree and understand that such use is at your own risk. For example, if you submit Personally Identifiable Information to a Linked Site, then the information that you submit shall be governed by the Linked Site’s privacy policy and/or terms of use, and not by our Company’s Privacy Policy, and Terms and Conditions.
• Other Technologies and Data Sources. We may combine Personally Identifiable Information that you provide to us with other data, including demographic information (such as age, job industry, or job title) for purposes of responding to your inquiries, and for other purposes specified in this Privacy Policy.   If information we combine in this manner includes your Personally Identifiable Information, we will treat the combined information as your Personally Identifiable Information for all purposes under this Privacy Policy.
• Biometric Data. The website does collect biometric data, including the use of e-mail addresses in combination with a password or security question answer. In addition, our service providers may collect such data as described in "How We Share Your Information – Our Service Providers."  If you submit Personally Identifiable Information (including biometric data) to one of our service providers, the information you submit shall be governed by the service provider’s privacy policy and terms of use, and not by our Privacy Policy, and Terms and Conditions.

HOW DO WE USE YOUR INFORMATION?

We use the information we collect or process, including Anonymous Information, Non-Personally Identifiable Information, and Personally Identifiable Information, as permitted under applicable law, including where the use is based on (i) the consent you provide to us at the point of collection; (ii) performance of our agreement to provide you with the Services; (iii) compliance with our legal obligations; and/or (iv) our Legitimate Interests ("Legitimate Interests"), as well as a third party’s Legitimate Interests.

More specifically, we use the information we collect for some or all of the following:

Note that when determining the bases for our use of your information, we rely on what we consider to be the most appropriate basis, even if there are multiple bases available in connection with our use. The retention of your data varies based on use. If you would like to see our full retention policy, please e-mail us at privacy@beaspunge.com  or submit a request at Privacy Request.

HOW WE SHARE YOUR INFORMATION?

We value your privacy.  We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety. We share as follows:

Our Service Providers ("Service Providers").  We engage third parties to perform functions on our behalf, and these may include functions such as maintaining the Website, collecting information, responding to and sending e-mail or other messages, payment processing, and other functions useful to our business. In this capacity, we may provide service providers with Personally Identifiable Information, Non-Personally Identifiable Information, and Anonymous Information as applicable. The following are examples:

• We may use service providers to provide customer service (where applicable) or marketing support, such as to process and distribute e-mail. These service providers generally require access to your Personally Identifiable Information in order to perform these services.
• We may use analytics service providers to assist us in understanding and using Non-Personally Identifiable Information and other information that we collect via the website. A service we use in this regard is Google Analytics, and information concerning how Google uses the information is available athttps://policies.google.com/privacy/partners, and opt-out options specific to Google Analytics are available at https://tools.google.com/dlpage/gaoptout.
• Google's advertising requirements can be summed up by Google's Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
• Google, as a third-party vendor, uses cookies to serve ads on our site. Google's use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.
• We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
• Our website includes links to third party websites and other API’s offering services that augment those services offered on our website.
• We may use service providers to anonymize and aggregate Personally Identifiable Information in order to generate anonymous information.
• We may engage service providers to analyze the interests and attributes of our users and, using techniques based on Anonymous Information and Non-Personally Identifiable Information, identify others who might share those interests and attributes. We then use this information to reach out to relevant market segments to provide them information concerning the Website or Services.

If you would like to see our full list of our service providers and their respective data and privacy policies, please email your request at privacy@beaspunge.com   or submit a request at Privacy Request.

Questions of Harm; Legal Process. We may disclose your Personally Identifiable Information and Non-Personally Identifiable Information to third parties, including law enforcement agencies, attorneys, and private investigator organizations, where it is necessary, or where we have a good faith belief that it is necessary:

• To comply with legal process;
• To protect and defend our rights and property, including the website and associated content;
• To protect against misuse or unauthorized use of the website or Services;
• To protect the personal safety or property of website users or the public, including your personal safety or property (it being understood that we assume no duty to provide, or monitor the need for, such protections); and
• To cooperate with public and government authorities including, where required, authorities outside your jurisdiction.

While you are not able to opt out of this use of information, we will take reasonable steps to limit such use and disclose only the information we reasonably believe is necessary for the above purposes. If we receive legal process calling for the disclosure of your Personally Identifiable Information, we will attempt to notify you within a reasonable amount of time, unless such notification is not permitted.

Transfer of the Website. We shall be entitled to transfer information that we collect (including Personally Identifiable Information) to a third party in connection with a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition (including a disposition in connection with a bankruptcy or similar proceedings) of all or substantially all assets or stock of the business unit or division responsible for the information under this Privacy Policy; provided the acquiring third party has agreed to safeguard your Personally Identifiable Information with protections that are compatible with those set out in this Privacy Policy. 

Our Affiliates. We may choose to rely on and share the information we collect with our affiliates. By "affiliate" we mean an entity that is closely related to us, such as an entity that controls, is controlled by, or is under common control with Spunge, our affiliates will be bound by the terms of this Privacy Policy.

HOW DO WE PROTECT YOUR INFORMATION?

We recognize the sensitivity of our users’ Personally Identifiable Information, and we have put in place security systems designed to prevent unauthorized access to or disclosure of this information. Our security systems include physical, technical, and administrative information security controls, and we take commercially reasonable steps to secure and safeguard such Personally Identifiable Information in accordance with applicable law.  To that end, your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.  We use regular Malware Scanning.  We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.  All transactions are processed through a gateway provider and are not stored or processed on our servers.  We cannot guarantee that such information will not be intercepted by third parties, and we will not be liable for any breach of the security of your Personal Identifying Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism, and we are not responsible for unauthorized circumvention of any privacy settings or security measures contained on the Website.

Our Retention of Data. We retain Personally Identifiable Information for the period of time necessary to fulfill the purposes for which we obtained the Personally Identifiable Information and consistent with applicable law. We use the following criteria to set our retention periods: (i) the duration of our relationship with you; (ii) the existence of a legal obligation as to the retention period; and (iii) the advisability of retaining the information in light of our legal position (for example, in light of applicable statutes of limitations, litigation, or regulatory investigations).

Accuracy and Minimization of Data. We take reasonable steps (i) to maintain the accuracy of the Personally Identifiable Information we process, and (ii) to limit the Personally Identifiable Information that we process to that which is reasonably necessary for the purposes for which we obtained the information.

Accessing and Updating Your Information. If you would like to review, correct, or update the Personally Identifiable Information that you have provided to us, or if you would like to request an electronic copy of this Personally Identifiable Information for purposes of transmitting it to another company (to the extent applicable law provides you with this right to data portability) you may make such requests via e-mail at privacy@beaspunge.com   or by submitting a request at Privacy Request.

Your Right to Opt-Out; Right of Access; Object to Processing; Deleting Information.

Unsubscribing to E-mail. If you no longer wish to receive e-mail messages from us, you can opt out of this Service by either (i) following the "unsubscribe" instructions located near the bottom of each e-mail message; or (ii) contacting us at privacy@beaspunge.com.

Right of Access. Subject to certain exceptions, you have the right to have access to and/or correct any personal information our company holds about your personal data. If you wish to make a Subject Access Request ("SAR"), please submit a request at Privacy Request.

Deleting Information. If you request, we will take reasonable steps to remove your name and e-mail address from our databases, within the time frames (if any) set out in Applicable Law. Please understand, however, that if you request the deletion of your information, you will no longer be able to receive certain Services. In addition, it may be impractical (or essentially impossible) to remove the requested information completely, due to requirements promulgated by Applicable Law, and/or data backups and records of deletions. As such, certain Personally Identifiable Information may remain in our databases following the deletion of your account; we will continue to treat the remaining information (if any) in accordance with this Privacy Policy and Applicable Law.

Objections. If you object to our processing of your Personally Identifiable Information, and a request for us to delete this information is not, in your view, sufficient, please contact us as provided in Contact Us. 

Anonymous Information. We will not delete Anonymous Information from our database, and nothing in this Privacy Policy restricts our use of Anonymous Information.

Your "Right to be Forgotten.  "If you are protected by the GDPR with respect to our use of your information, upon proper request, we may take the steps set out in the GDPR to erase your Personally Identifiable Information, including information that may be publicly available via the website.  Notwithstanding the above, the Services are not intended for European Union (EU) residents. If you provide us with personal information, you understand that your information may be stored in the United States and other countries that may not or do not provide the same level of protection as the EU. By using and accessing our Services, users who reside or are located in countries outside of the United States agree and consent to the transfer and processing of personal information on servers located outside of the country where they reside and acknowledge that the protection of such information may be different than required under the laws of their residence or location.

Do not Track. We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Advisory Regarding Participation by Children and Teens. Under U.S. Federal Law (as reflected in the Children’s Online Privacy Protection Act), WE DO NOT COLLECT OR STORE ANY PERSONALLY IDENTIFIABLE INFORMATION FROM INDIVIDUALS THAT WE KNOW ARE UNDER THE AGE OF 13. If You wish to receive further information concerning privacy policies in general, and concerning online social networking and safety, you should visit the following website: http://www.ftc.gov/privacy/index.html.

Fair Information Practices. The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify you via e-mail:

• Within 7 business days

We will notify the users via in-site notification:

• Within 7 business days

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act. The CAN-SPAM Act is a law that sets the rules for commercial e-mail, establishes requirements for commercial messages, gives recipients the right to have e-mails stopped from being sent to them, and spells out tough penalties for violations.

We collect your e-mail address in order to:

• Send information, respond to inquiries, and/or other requests or questions
• Process orders and to send information and updates pertaining to orders.
• Send you additional information related to your product and/or service
• Market to our mailing list or continue to send e-mails to our clients after the original transaction has occurred.

To be in accordance with CAN-SPAM, we agree to the following:

• Not use false or misleading subjects or e-mail addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party e-mail marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each e-mail.

If at any time you would like to unsubscribe from receiving future e-mails, you can e-mail us at the address listed at the bottom of each e-mail and we will promptly remove you from all correspondence.

DATA SUBJECT RIGHTS

Access To Personal Information

Where applicable, you have the right to obtain from us a confirmation as to whether or not Personal Identifying Information concerning you is processed by us. In addition, where such processing is confirmed, and you request it, we will arrange access to the Personal Identifying Information along with the following information:

• the categories of Personal Identifying Information collected and processed;
• the recipients or categories of recipients to whom the Personal Identifying Information has been or will be disclosed, in particular recipients in third countries (outside of the European Economic Area (“EEA”) or international organizations;
• the period for which the Personal Identifying Information will be stored, or, if not possible to be determined, the criteria used to determine that period;
• the existence of the right to request from us, rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
• the right to lodge a complaint with a supervisory authority;
• where Personal Identifying Information was not collected directly from the you, any available information as to its source;
• the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
• Where your Personal Identifying Information is transferred to a third country, you also have the right to be informed of the appropriate safeguards we have put in place pursuant to Article 46 of the GDPR relating to the transfer.

Copies Of The Data

Spunge may provide, where requested as it applies, a copy of that data, relating to you, which are being processed, subject to the restrictions as noted in Article 23 of the GDPR.

Deletion/Erasure

Where you, as the data subject, wish the erasure of your Personal Information, Spunge will fulfill your request should one of the following grounds apply:

• the Personal Identifying Information is no longer necessary in relation to the purposes for which it was collected or otherwise processed, e.g. the provision of our Services;
• where processing is based solely upon your required consent, and you withdraw this consent on which the processing is based;
• where you object to the processing, and where there are no overriding legitimate grounds for the processing;
• where you can demonstrate that the Personal Identifying Information has been unlawfully processed;
• where you provide notice that the Personal Identifying Information must be erased for compliance with a legal obligation as contained in a stated Union or Member State law to which the controller is subject; or
• where Spunge is unable to demonstrate proper reliance on an exception under 17 (3) of the GDPR.

Right To Erase Data

Where Spunge has publicly disclosed your data and where personal data is held and where you have made a valid request to erase your Personal Information, Spunge will, taking into account the available technology and the cost of implementation, take reasonable steps, including technical measures, to inform any controllers which are processing that personal data, of your request for erasure.

Data Portability

Spunge shall provide an ability for any client to obtain a copy of all data within their account regarding any created Links, save such data which has been erased by you as a Service user.

NOTICE TO CALIFORNIA CONSUMERS

The following applies to you only if you are a California resident.

Your Rights and Choices

The California Privacy Rights Act (“CPRA”) provides consumers who are California residents with specific rights regarding their Personal Information.

Right to Access the Personal Information Collected, Disclosed, or Sold

As a California consumer, you have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request as described below, we will disclose to you:

• The categories of Personal Information we collected about you.
• The categories of the sources for the Personal Information we collected about you.
• Our business or commercial purpose(s) for collecting, selling, or sharing that Personal Information.
• The categories of third parties to whom we disclose, sell, or share that Personal Information.
• The specific pieces of Personal information we collected about you.

Right to Request Deletion of Personal Information

As a California consumer, you have the right to request that we delete any or all of the Personal Information that we collected from you or about you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your Personal Information from our records and notify all of our services providers or third parties to whom we have sold or shared such Personal Information, to delete your Personal Information, unless this proves impossible or involves disproportionate effort.

We may deny your request to delete your Personal Information if retaining the Personal Information is necessary for us, our service providers, or our contractors to:

• Complete the transaction for which we collected the Personal Information, fulfill the terms of a written warranty or product recall conducted in accordance with applicable law, provide a good or service that you requested, take actions reasonably anticipated by you within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Help to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for those purposes.
• Debug to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.)
• Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when the information's deletion is likely to render impossible or seriously impair such research, if you previously provided informed consent
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the information.
• Comply with a legal obligation.

Right to Correct Inaccurate Information

As a California consumer, you have the right to request that we correct any inaccurate Personal Information that we have retained about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.

Right to Limit use and Disclosure of Sensitive Personal Information

As a California consumer, you have the right to direct that we limit our use of your sensitive Personal Information to that use which is necessary:

• To perform the services or provide the goods reasonably expected by an average consumer who requests such goods or services.
• To help ensure security and integrity to the extent the use of your sensitive Personal Information is reasonably necessary and proportionate for these purposes.
• For short-term, transient use, including but not limited to, non-personalized advertising shown as part of your interaction with us, provided that your sensitive Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us.
• To perform services on behalf of us, or service providers, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us.
• To undertake activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

If you would like to limit the use and disclosure of your sensitive Personal Information, please submit a request at Privacy Request or by contacting us at privacy@beaspunge.com.

Right to Opt-Out of the Sale or Sharing of Personal Information

As a California consumer, you have the right to direct that we not to sell or share (as those terms are defined in the CPRA) your Personal Information. If you would like to opt-out of the sale of your Personal Information, please submit a request at Privacy Request or by contacting us at privacy@beaspunge.com.    If you would like to opt-out of the sharing of your Personal Information, please submit a request at Privacy Request or by contacting us at privacy@beaspunge.com.

Right to Non-Retaliation if You Exercise any of Your Rights

As a California consumer, you have the right not to be discriminated against for exercising any of your CPRA rights. Unless permitted by the CPRA, if you exercise any of your California rights, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

How to Exercise Your Rights to Know and to Delete

To exercise your rights to know and/or to delete described above, please submit a verifiable consumer request to us by either:

• By submitting your request at Privacy Request
• Emailing us at privacy@beaspunge.com

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or request to know the Personal Information we disclose to service providers or third parties twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We will confirm receipt of your verifiable consumer request within ten (10) business days and provide you with information about how we will process the request, describing our verification process and when you should expect a response. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period immediately preceding our receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is useable and should allow you to transmit the information from one entity to another entity.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Information We Collect From California Consumers

We collect Personal Information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include:

• Publicly available information or lawfully obtained, truthful information that is a matter of public concern.
• Deidentified or aggregated consumer information
• Affiliates not under the Spunge

Within the last twelve (12) months, we have collected the following categories of Personal Information from California consumers. Some of the categories may overlap with each other. The below also shows the categories of Personal Information that we have shared for a business and/or commercial purpose within the last twelve (12) months. When we disclose Personal Information, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

We obtain the categories of Personal Information listed above from the following categories of sources:

• Directly from you. For example, from information that you provide to us through our online forms, email, or other means.
• Indirectly from activity on our Sites. For example, from website usage details collected automatically.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided. For example, if you provide us with Personal Information in order for us to fulfill your product order.
• To provide you with information, products or services that you request from us.
• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
• To improve our Sites and present the contents to you.
• For testing, research, analysis and product/service development
• As necessary or appropriate to protect the rights, property or safety of us, our Users, or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your Personal Information or as otherwise set forth in the CPRA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.

We may also use or disclose the Personal Information we collect for the following commercial purpose:

• To advance our commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.

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.

Sharing Personal Information

We may disclose your Personal Information to a service provider or third party for a business and/or commercial purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

We disclose your Personal Information for a business purpose to the following categories of third parties:

• Our affiliates.
• Our service providers
• Third parties to whom you authorize us to disclose your Personal Information in connection with products or services we provide to you.
• Advertising and marketing companies who deliver our advertisements and promotions to you.

Sale of Personal Information

In the preceding twelve (12) months, we have not sold any Personal Information for monetary consideration. We do, however, disclose information for a commercial purpose by working with companies to deliver advertisements to you across the Internet. If you do not wish to have your Personal Information used for this purpose, please click the “Do Not Share My Information” or submit a request at Privacy Request, when you set up an account with us, or as shown on the first page of our Sites.

We do not knowingly sell or share Personal Information of minors under 16 years of age without affirmative authorization.

Additional Information

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit an email request to the following email address: privacy@beaspunge.com or through our privacy submission portal at Privacy Request and include the words “CALIFORNIA PRIVACY” in the subject line, and you must put the statement “Your California Privacy Rights” in the body of the request and state the name of our specific website with respect to which you are requesting the information as well as your name, street address, city, state, and zip code.

Please note the following:

• Users can visit the Sites anonymously without providing their Personal Information, but we may collect Personal Information, such as IP addresses, automatically through the use of cookies or other tracking technologies; 
• We will add a link to this Privacy Notice on our home page, or at a minimum, on the first significant page after entering the Sites;
• Our Privacy Policy link includes the word “Privacy” and can easily be found on the page specified above;
• Users will be notified of any privacy policy changes on our Privacy Policy page;
• Users are able to change their Personal Information by emailing us, by calling us, or updating their Personal Information in their online accounts with us;
• Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. We will recognize and process such signals in Users’ web browsers; and
• We allow the collection of users’ behavioral tracking by third parties for analytical and marketing purposes.

Grievances and Complaints

Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.

Notice to Residents of California Regarding Proposition 65

California’s Proposition 65 requires that businesses provide warnings to California residents about products that may contain chemicals that are known to cause cancer, birth defects, or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. Some of our products, including garments with zippers and buttons, handbags, footwear, wallets, fashion jewelry, and other accessories may contain traces of lead or other chemicals identified by Proposition 65. We provide the following warning to our California customers:

WARNING: Some products sold through our website may, from time to time, contain chemicals that are known to the State of California to cause cancer and birth defects or other reproductive harm and may be included on the Proposition 65 chemical list. If you need additional information, please email us at: privacy@beaspunge.com.  We will respond as soon as possible and provide you with the information we possess about the materials within our products.

For more information on Proposition 65, please visit https://oehha.ca.gov/proposition-65.

Contact for More Information

If you have any questions or concerns about our Privacy Policy or this Notice regarding your privacy or Personal Information, please submit a request at Privacy Request or by contacting us at privacy@beaspunge.com.

NOTICE TO COLORADO, CONNECTICUT, AND VIRGINIA CONSUMERS

Your Rights and Choices

If you are a resident of Colorado, Connecticut or Virginia, the consumer privacy laws in those states provide you with the following rights with respect to your Personal Information.

Right to Access the Personal Information Collected, Disclosed, or Sold

As a Colorado, Connecticut or Virginia consumer, you have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request as described below, we will disclose to you:

• The categories of Personal Information we collected about you.
• The categories of the sources for the Personal Information we collected about you.
• Our business or commercial purpose(s) for collecting, selling, or sharing that Personal Information.
• The categories of third parties to whom we disclose, sell, or share that Personal Information.
• The specific pieces of Personal information we collected about you.

Right to Request Deletion of Personal Information

As a Colorado, Connecticut or Virginia  consumer, you have the right to request that we delete any or all of the Personal Information that we collected from you or about you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your Personal Information from our records and notify all of our services providers or third parties to whom we have sold or shared such Personal Information, to delete your Personal Information, unless this proves impossible or involves disproportionate effort.

We may deny your request to delete your Personal Information if retaining the Personal Information is necessary for us, our service providers, or our contractors to:

• Complete the transaction for which we collected the Personal Information, fulfill the terms of a written warranty or product recall conducted in accordance with applicable law, provide a good or service that you requested, take actions reasonably anticipated by you within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Help to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for those purposes.
• Debug to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when the information's deletion is likely to render impossible or seriously impair such research, if you previously provided informed consent
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us and compatible with the context in which you provided the information.
• Comply with a legal obligation.

Right to Correct Inaccurate Information

As a Colorado, Connecticut or Virginia  consumer, you have the right to request that we correct any inaccurate Personal Information that we have retained about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.

Right to Limit use and Disclosure of Sensitive Personal Information

As a Colorado, Connecticut or Virginia  consumer, you have the right to direct that we limit our use of your sensitive Personal Information to that use which is necessary:

• To perform the services or provide the goods reasonably expected by an average consumer who requests such goods or services.
• To help ensure security and integrity to the extent the use of your sensitive Personal Information is reasonably necessary and proportionate for these purposes.
• For short-term, transient use, including but not limited to, non-personalized advertising shown as part of your interaction with us, provided that your sensitive Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us.
• To perform services on behalf of us, or service providers, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of us.
• To undertake activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

If you would like to limit the use and disclosure of your sensitive Personal Information, contact us at privacy@beaspunge.com.

Right to Opt-Out of the Sale or Sharing of Personal Information

As a Colorado, Connecticut or Virginia  consumer, you have the right to direct that we not to sell or share (as those terms are defined in the respective state consumer privacy regulations) your Personal Information. If you would like to opt-out of the sale of your Personal Information, please submit a request at Privacy Request or by contacting us at privacy@beaspunge.com.  If you would like to opt-out of the sharing of your Personal Information, please submit a request at Privacy Request or by contacting us at privacy@beaspunge.com.

Right to Non-Retaliation if You Exercise any of Your Rights

As a Colorado, Connecticut or Virginia  consumer, you have the right not to be discriminated against for exercising any of your Respective state consumer privacy rights. Unless permitted by Colorado, Connecticut or Virginia  consumer privacy laws, if you exercise any of your Colorado, Connecticut or Virginia  rights, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

How to Exercise Your Rights to Know and to Delete

To exercise your rights to know and/or to delete described above, please submit a verifiable consumer request to us by submitting a request at Privacy Request or by contacting us at privacy@beaspunge.com.

Only you or a person registered with the Colorado, Connecticut or Virginia  Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or request to know the Personal Information we disclose to service providers or third parties twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.  Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

\We will confirm receipt of your verifiable consumer request within ten (10) business days and provide you with information about how we will process the request, describing our verification process and when you should expect a response. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period immediately preceding our receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is useable and should allow you to transmit the information from one entity to another entity.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Information We Collect From Colorado, Connecticut or Virginia  Consumers

We collect Personal Information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include:

• Publicly available information or lawfully obtained, truthful information that is a matter of public concern.
• Deidentified or aggregated consumer information

Within the last twelve (12) months, we have collected the following categories of Personal Information from Colorado, Connecticut or Virginia  consumers. Some of the categories may overlap with each other. The below also shows the categories of Personal Information that we have shared for a business and/or commercial purpose within the last twelve (12) months. When we disclose Personal Information, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

We obtain the categories of Personal Information listed above from the following categories of sources:

• Directly from you. For example, from information that you provide to us through our online forms, email, or other means.
• Indirectly from activity on our Sites. For example, from website usage details collected automatically.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided. For example, if you provide us with Personal Information in order for us to fulfill your product order.
• To provide you with information, products or services that you request from us.
• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
• To improve our Sites and present the contents to you.
• For testing, research, analysis and product/service development.
• As necessary or appropriate to protect the rights, property or safety of us, our Users, or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your Personal Information or as otherwise set forth in your state’s respective consumer privacy laws.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.

We may also use or disclose the Personal Information we collect for the following commercial purpose:

• To advance our commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.

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.

Sharing Personal Information

We may disclose your Personal Information to a service provider or third party for a business and/or commercial purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

We disclose your Personal Information for a business purpose to the following categories of third parties:

• Our Affiliates.
• Our service providers
• Third parties to whom you authorize us to disclose your Personal Information in connection with products or services we provide to you.
• Advertising and marketing companies who deliver our advertisements and promotions to you.

Sale of Personal Information

In the preceding twelve (12) months, we have not sold any Personal Information for monetary consideration. We do, however, disclose information for a commercial purpose by working with companies to deliver advertisements to you across the Internet. If you do not wish to have your Personal Information used for this purpose, please click the “Do Not Share My Information” link or submit a request at Privacy Request. when you set up an account with us, or as shown on the first page of our Sites.

We do not knowingly sell or share Personal Information of minors under 16 years of age without affirmative authorization.

Additional Information

Colorado, Connecticut or Virginia residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a Colorado, Connecticut or Virginia resident and would like a copy of this notice, please submit a request at Privacy Request or by contacting us at privacy@beaspunge.com and include the words “CONSUMER PRIVACY” in the subject line, and you must put the statement “Your Privacy Rights” in the body of the request and state the name of our specific website with respect to which you are requesting the information as well as your name, street address, city, state, and zip code.

Please note the following:

• Users can visit the Sites anonymously without providing their Personal Information, but we may collect Personal Information, such as IP addresses, automatically through the use of cookies or other tracking technologies; 
• We will add a link to this Privacy Policy on our home page, or at a minimum, on the first significant page after entering the Sites;
• Our Privacy Policy link includes the word “Privacy” and can easily be found on the page specified above;
• Users will be notified of any privacy policy changes on our Privacy Policy page;
• Users are able to change their Personal Information by emailing us, by calling us, or updating their Personal Information in their online accounts with us;
• Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. We will recognize and process such signals in Users’ web browsers; and
• We allow the collection of users’ behavioral tracking by third parties for analytical and marketing purposes.

NOTICE TO UNITED KINGDOM CONSUMERS

The following applies to you only if you are a resident of the United Kingdom.

The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed or anonymized.

We may collect, use, store and transfer different kinds of personal data about you, which we have categorized as follows:

• Identity Data includes: first name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes: billing address, delivery address, email address and telephone numbers.
• Financial Data includes: bank account and payment card details.
• Transaction Data includes: details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes: internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Website.
• Profile Data includes: your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes: information about how you use our Website, products and services.
• Marketing and Communications Data includes: your preferences in receiving marketing from us and our third parties and your communication preferences.

If you fail to provide personal data.  Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

Special Category Data.  We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

How Is Your Personal Data Collected?

Direct interactions.  When you use the Website to provide us with information regarding your identity, contact and financial details by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• Order a product or service;
• Create an account on our Website;
• Subscribe to our service or publications;
• Request marketing to be sent to you;
• Enter a competition, promotion or survey;
• Participate in social media activities and engagements;
• Browse from page to page; or
• Give us feedback or contact us.

In these circumstances we may collect, store and use the personal data that you disclose to us.

Automated technologies or interactions.  As you interact with our Website, we will automatically collect data about your equipment, browsing actions and patterns. We collect this personal data by using technologies such as cookies and other similar technologies. Please see our Cookie Policy for further details.

Third parties or publicly available sources.  We will receive personal data about you from various third parties who may collect personal data including usage or statistical data through your use of the Website.

Updating your information. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

If you want to update the information you have previously given to us, please submit a request by contacting us at privacy@beaspunge.com.

How We Use Your Personal Information

Lawful basis for processing your information.  We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract, we are about to enter into or have entered into with you;
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; or
• Where we need to comply with a legal obligation.

Purposes for which we will use your personal data.  We have set out below, in a table format, some examples of how we may use the information we collect about you and the lawful basis for doing so.

• Marketing communications. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your personal data to help us form a view on what products, services and offers may be of interest to you (we call this marketing).

You will receive marketing communications from us if you have requested information from us, or purchased goods or services from us and you have not opted out of receiving that marketing. You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us or the third party directly.

• Third-party links. Where we provide links to third-party websites, plug-ins and applications that are not affiliated with comsuch sites are out of our control and are not covered by this Policy. Clicking on those links or enabling those connections may allow third parties to collect or share data about you, and We do not control these third-party websites. We encourage you to consult the privacy policy of every website you visit.

• Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy for further details.

• Sharing your personal data. Depending on how and why you provide us with your personal data, we may share it in the following ways:

• We may share your personal data with any member of our company group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006;
• With selected third parties to which we sub-contract to provide various services and/or aspects of the Website’s functionality, or any other third parties to whom you directly authorize us to disclose your personal data to;
• With analytics and search engine providers that assist us in the improvement and optimization of this Website as described above
• With advertising and marketing companies who deliver our advertisements, marketing material and promotions to you.

We may also disclose your personal data to third parties in the following events:

• If we were to buy, sell or transfer any business or assets, whether as a going concern or otherwise, in which case we might disclose your personal data as part of that transaction;
• If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers and contacts will be one of the transferred assets;
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or if we are asked to provide your details to a lawful authority in order to aid in the investigation of crime or disorder; and/or
• In order to enforce or apply the terms of use or terms and conditions of sale of our products and services; or to protect the rights, property, or safety of our company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
• Service Providers (Data Processors). The following is a list of the types of service providers we use:
• Website Analytics Providers: Google Analytics, employing the extension “anonymizelp”
• We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here:https://www.shopify.com/legal/privacy.
• Change of purpose. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

International Data Transfers

Some of our service providers and third parties may be based outside of the UK, as a result their processing activities will involve a transfer of your data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring that appropriate safeguards are implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
• Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK. Such contractual clauses and/or additional safeguards shall be approved by the UK and EU regulators as compliant with the UK and EU GDPR regulations respectively.

By submitting your personal information, you agree to this transfer, storing or processing.

Please submit a request by contacting us at privacy@beaspunge.com if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for compliance purposes. In some circumstances you can ask us to delete your data: see ‘Your legal rights’ below.

In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Your Legal Rights

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

As a data subject, you have a number of rights in relation to your personal data. Below, we have described the various rights that you have, as well as how you can exercise them.

• Right of access. You may request access to your processed personal data. This entitles you to obtain a copy of the data we hold on you. A copy will be provided by the controller unless it is found that providing a copy will adversely affect the rights and freedoms of others.

• Right of rectification. You may request the correction of any personal data that we hold about you. This enables you to have any inaccurate or incomplete data we hold about you corrected, though we may need to verify the accuracy of the new data provided to us.

• Right to restrict processing. You may request us to restrict the processing of your personal data in certain circumstances. This enables you to limit the use of your data, unless you have given your consent or there is a legal or public interest which justifies our use of the data. You have the right if you: (i) contest the accuracy of the personal data; (ii) the processing is unlawful; (iii) you believe there is no longer a use by us of your personal data and require access for legal claims; or (iv) you exercise your right to object (see below).

• Right to erasure/ Right to be forgotten. You may request the erasure of your personal data. This means that you can ask us to delete any personal data we hold about you in the following circumstances: (i) where we no longer a need your data in line with the original reason it was collected; (ii) you have withdrawn your consent (see below); (iii) you have objected to the processing of your data (see below); or (iv) we have used your data unlawfully. 

• Right to withdraw consent. Where we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. This will not however, affect the lawfulness of any processing carried out before you withdrew your consent.

• Right to object. You may object to the processing of your personal data at any time. This means that you can stop us from using your data. Please note, this right only arises in certain circumstances including: (i) where we rely on a legitimate interest (or those of a third party) to process your data; (ii) for scientific, historical or statistical purposes; or (iii) for direct marketing purposes. Please note that the exercise of this right does not automatically result in your personal data being erased. In some cases, we may also be able to demonstrate that we have a compelling legitimate reason to process you information, which override your rights and freedoms.

• Right to object to automated decision making and profiling. You have the right to request that you are not subject to a decision based exclusively on automated decision making (i.e. without human intervention and participation). In addition, you have the right to be informed about the use of any automated decision making and profiling of your personal data, and to be given meaningful information about the nature of the processing.

• Right to portability. You may request that we transmit your personal data to you or to a third-party controller. We will provide you, or your requested third party, with your personal data in a structured, commonly used, machine-readable format. This right only applies to automated data which you initially provided consent for us to use or that is necessary.

If you wish to exercise any of the rights set out above, please submit a request by contacting us at privacy@beaspunge.com.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

Contact Details

We, Spunge, are responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise any of your rights set out above, or if you think the Privacy Policy has not been followed, please contact us at:

Full name of legal entity: Spunge, LLC.

Email address: privacy@beaspunge.com

NOTICE TO EUROPEAN ECONOMIC AREA CONSUMERS

The following applies to you only if you are a resident of the European Economic Area.

This policy explains the rights that you have as a data subject pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (the “GDPR”).  It is important that you read this Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.

This policy supplements other notices and privacy policies and is not intended to override them.

By visiting or otherwise using the Website, you agree to its terms (including as amended from time to time) and this Privacy Policy. If, for any reason, you do not agree to the terms of this policy, please stop using this Website.

The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed or anonymized.

We may collect, use, store and transfer different kinds of personal data about you, which we have categorized as follows:

• Identity Data includes: first name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes: billing address, delivery address, email address and telephone numbers.
• Financial Data includes: bank account and payment card details.
• Transaction Data includes: details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes: internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Website.
• Profile Data includes: your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes: information about how you use our Website, products and services.
• Marketing and Communications Data includes: your preferences in receiving marketing from us and our third parties and your communication preferences.

If you fail to provide personal data. Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

Special Category Data. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

How Is Your Personal Data Collected?

Direct interactions.  When you use the Website to provide us with information regarding your identity, contact and financial details by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• Order a product or service;
• Create an account on our Website;
• Subscribe to our service or publications;
• Request marketing to be sent to you;
• Enter a competition, promotion or survey; 
• Participate in social media activities and engagements; 
• Browse from page to page; or
• Give us feedback or contact us.

In these circumstances we may collect, store and use the personal data that you disclose to us.

Automated technologies or interactions . As you interact with our Website, we will automatically collect data about your equipment, browsing actions and patterns. We collect this personal data by using technologies such as cookies and other similar technologies. Please see our cookie policy for further details.

Third parties or publicly available sources. We will receive personal data about you from various third parties who may collect personal data including usage or statistical data through your use of the Website.

Updating your information. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

If you want to update the information you have previously given to us, please submit a request by contacting us at privacy@beaspunge.com.

How We Use Your Personal Data

Lawful basis for processing your information. We will only use your personal data when the law allows us to do so. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract, we are about to enter into or have entered into with you;
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; or 
• Where we need to comply with a legal obligation.

Purposes for which we will use your personal data. We have set out below, in a table format, some examples of how we may use the information we collect about you and the lawful basis for doing so.

Marketing communications. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We may use your personal data to help us form a view on what products, services and offers may be of interest to you (we call this marketing).

You will receive marketing communications from us if you have requested information from us, or purchased goods or services from us and you have not opted out of receiving that marketing.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us or the third party directly.

Third-party links. Where we provide links to third-party websites, plug-ins and applications that are not affiliated with beaspunge.com such sites are out of our control and are not covered by this Policy. Clicking on those links or enabling those connections may allow third parties to collect or share data about you, and We do not control these third-party websites. We encourage you to consult the privacy policy of every website you visit.

Cookies. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy for further details.

Sharing your personal data. Depending on how and why you provide us with your personal data, we may share it in the following ways:

• We may share your personal data with any member of our company group, which means our subsidiaries, our ultimate holding company and its subsidiaries;
• With selected third parties to which we sub-contract to provide various services and/or aspects of the Website’s functionality, or any other third parties to whom you directly authorize us to disclose your personal data to;
• With analytics and search engine providers that assist us in the improvement and optimization of this Website as described above;
• With advertising and marketing companies who deliver our advertisements, marketing material and promotions to you.

We may also disclose your personal data to third parties in the following events:

• If we were to buy, sell or transfer any business or assets, whether as a going concern or otherwise, in which case we might disclose your personal data as part of that transaction;
• If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers and contacts will be one of the transferred assets;
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or if we are asked to provide your details to a lawful authority in order to aid in the investigation of crime or disorder; and/or
• In order to enforce or apply the terms of use or terms and conditions of sale of our products and services; or to protect the rights, property, or safety of our company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Service Providers (Data Processors). The following is a list of the types of service providers we use:

• Website Analytics Providers: Google Analytics, employing the extension “anonymizelp”
• We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here:https://www.shopify.com/legal/privacy.

Change of Purpose. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

International Data Transfers - EU-US Data Privacy Framework Principles & Privacy Policy

On July 10, 2023, the European Commission adopted its Implementing Decision of 10.7.2023 pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council on the adequate level of protection of personal data under the EU-US Data Privacy Framework (‘the Adequacy Decision’), which contains in its annex the EU-US Data Privacy Framework (‘DPF’). While discussions regarding possible replacement mechanisms are ongoing for the United Kingdom (including Gibraltar), and Switzerland, Spunge will continue to protect European data according to the Principles of the EU-US DPF Framework and applicable EU, UK, and Swiss law.

Spunge (“Spunge” or “we”, “us”, or “our”) complies with the EU-U.S. Data Privacy Framework (EU-US DPF) and, as applicable, the UK Extension to the EU-US DPF, and the Swiss-US Data Privacy Framework (Swiss-US DPF) as set forth by the U.S. Department of Commerce.

If there is any conflict between the terms in this Privacy Policy and the EU-US DPF Principles, the UK Extension to the EU-US DPF Principles, and/or the Swiss-US DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Pursuant to the Data Privacy Frameworks, EU, UK, and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under the Data Privacy Frameworks, should direct their query by contacting us at privacy@beaspunge.com.  If requested to remove data, we will respond within a reasonable timeframe.

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a request by contacting us at privacy@beaspunge.com.

Scope & Commitment. Our adherence to the EU-US DPF and its Principles applies to the personal data that (a) we collect from our EU, UK, and Swiss customers and other visitors to our website for account management, billing, or marketing purposes (“Spunge User Data”); and (b) we process on behalf of our EU, UK, and Swiss customers in providing online services to them under a service agreement (“Services Agreement”).

Data Collection & Use. The Spunge User Data that we collect, use, and share is described in our Privacy Policy. While our customers decide what Services Data to submit, it typically includes information about their own users and how they use the customer’s sites, applications, services, and third-party applications. We process Services Data as instructed by our customers and do not own or control Services Data.

Data Processing Purposes. We collect, use, and share Spunge Services Data for the purposes described in our Privacy Policy. We process Services Data for the purpose of providing our online services to our customers, which may include accessing and processing the data to provide the services, to correct and address technical or service problems, to follow instructions of the customer who submitted the data, and/or to comply with contractual requirements.

Inquiries & Complaints. In compliance with the EU-US DPF Principles (and, as applicable, the UK Extension to the EU-US DPF and the Swiss-US DPF), Spunge commits to resolve DPF Principles-related complaints about our collection and use of your personal information. Individuals from the EU, UK, and Switzerland with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF (and, as applicable, the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF) should first contact Spunge at:

Attention: Privacy OfficerEmail: privacy@beaspunge.com

Independent Recourse Mechanism. In compliance with the Data Privacy Framework Principles, Spunge commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to the Data Privacy Frameworks. European Union, United Kingdom, and Swiss individuals with DPF inquiries or complaints should first contact Spunge by contacting us at privacy@beaspunge.com.  

Arbitration. If your DPF Principles-related complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for residual claims not resolved by any of the other DPF redress mechanisms.

U.S. Federal Trade Commission Enforcement. The Federal Trade Commission has jurisdiction over Spunge’s compliance with the EU-US DPF, and, as applicable, the UK Extension to the EU-US DPF, and the Swiss-US DPF.

Data Disclosures & Recipients. We share Spunge Services Data with third parties as described in our Privacy Policy. We may share Services Data with third parties under the following circumstances and only in accordance with the applicable customer agreements:

• Service Providers. We may employ third party Service Providers and Vendors to administer and provide the Services on our behalf (such as customer support, hosting, website analytics, email delivery, database management services). Spunge’s accountability for personal data that it receives in the United States under the Data Privacy Frameworks and subsequently transfers to a third party is described in the Data Privacy Framework Principles. In particular, Spunge remains responsible and liable under the Data Privacy Framework Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Spunge proves that it is not responsible for the event giving rise to the damage.
• Affiliates. We may disclose Services Data to our subsidiaries and corporate affiliates for use consistent with this Privacy Policy. To view our current list of Affiliates please visit:
• [INSERT]
• Legal requirements. We may disclose Services Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency, or in the good faith belief that such action is necessary (a) to comply with a legal obligation, (b) to protect or defend our rights, interests or property or that of third parties, (c) to prevent or investigate possible wrongdoing in connection with the services, (d) to act in urgent circumstances to protect the personal safety of customers, their users or the public, or (e) to protect against legal liability.
• Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, Services Data may be part of the transferred assets.

In addition, we may be required to disclose any personal data that we process in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Your Rights to Access, Limit Use, & Limit Disclosures. Individuals in the EU, UK, and Switzerland have rights to access personal data about them, and to limit use and disclosure of their personal data. With our EU-US DPF certification and, as applicable, the UK Extension to the EU-US DPF, and the Swiss-US DPF self-certification, we have committed to respect those rights.

If your personal data includes Spunge Personal Information, you can request access to that data and request that we correct, amend, or delete it if it is inaccurate or processed in violation of the DPF Principles by emailing your request to   We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.

As stated above, if there is any conflict between the terms in this Privacy Policy and the EU-US DPF Principles, the UK Extension to the EU-US DPF Principles, and/or the Swiss-US DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data Retention

We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting, or other requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for compliance purposes. In some circumstances you can ask us to delete your data: see ‘Your legal rights’ below.

In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Your Legal Rights

You have the right to make a complaint at any time to a supervisory authority, in particular to the supervisory authority which regulates the Member State of your habitual residence, your place of work, or the Member State in which the alleged infringement of your rights took place if you consider that the processing of personal data relating to you has infringed the terms of the GDPR.

We would, however, appreciate the opportunity to deal with your concerns before you approach your supervisory authority, so please contact us in the first instance.

As a data subject, you have a number of rights in relation to your personal data. Below, we have described the various rights that you have, as well as how you can exercise them.

• Right of access. You may request access to your processed personal data. This entitles you to obtain a copy of the data we hold on you. A copy will be provided by the controller unless it is found that providing a copy will adversely affect the rights and freedoms of others.

• Right of rectification. You may request the correction of any personal data that we hold about you. This enables you to have any inaccurate or incomplete data we hold about you corrected, though we may need to verify the accuracy of the new data provided to us.

• Right to restrict processing. You may request us to restrict the processing of your personal data in certain circumstances. This enables you to limit the use of your data, unless you have given your consent or there is a legal or public interest which justifies our use of the data. You have the right if you: (i) contest the accuracy of the personal data; (ii) the processing is unlawful; (iii) you believe there is no longer a use by us of your personal data and require access for legal claims; or (iv) you exercise your right to object (see below).

• Right to erasure/ Right to be forgotten. You may request the erasure of your personal data. This means that you can ask us to delete any personal data we hold about you in the following circumstances: (i) where we no longer a need your data in line with the original reason it was collected; (ii) you have withdrawn your consent (see below); (iii) you have objected to the processing of your data (see below); or (iv) we have used your data unlawfully.

• Right to withdraw consent. Where we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. This will not however, affect the lawfulness of any processing carried out before you withdrew your consent.

• Right to object. You may object to the processing of your personal data at any time. This means that you can stop us from using your data. Please note, this right only arises in certain circumstances including: (i) where we rely on a legitimate interest (or those of a third party) to process your data; (ii) for scientific, historical or statistical purposes; or (iii) for direct marketing purposes. Please note that the exercise of this right does not automatically result in your personal data being erased. In some cases, we may also be able to demonstrate that we have a compelling legitimate reason to process you information, which override your rights and freedoms.

• Right to object to automated decision making and profiling. You have the right to request that you are not subject to a decision based exclusively on automated decision making (i.e. without human intervention and participation). In addition, you have the right to be informed about the use of any automated decision making and profiling of your personal data, and to be given meaningful information about the nature of the processing.

• Right to portability. You may request that we transmit your personal data to you or to a third-party controller. We will provide you, or your requested third party, with your personal data in a structured, commonly used, machine-readable format. This right only applies to automated data which you initially provided consent for us to use or that is necessary.

If you wish to exercise any of the rights set out above, please contact privacy@beaspunge.com

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

MODIFICATIONS TO THIS PRIVACY POLICY

Spunge reserves the right to modify and change this Privacy Policy at any time for our business purposes and to comply with changes in applicable law. The new Privacy Policy will be posted here and have the date of the most recent change. Your access to or use of the website and/or Services following any changes to the Privacy Policy will constitute your acceptance of such changes. Please feel free to print out a copy of the Privacy Policy for your records.

CONTACT US

If there are any questions regarding this Privacy Policy, or any consumer with disabilities may request an alternative format by contacting us using the information below.

privacy@beaspunge.com

2045 Violet St, Los Angeles, CA 90021

November 8, 2024

Spunge Footwear, LLC Website Terms of Use

DUE TO THE NATURE OF THIS LIMITED TIME AND LIMITED EDITION SALE, ALL SALES ARE FINAL. EXCHANGES ARE CONSIDERED BASED ON AVAILABILITY.

FOR CUSTOMER SERVICE, PLEASE E-MAIL YOUR ORDER NUMBER AND QUERY TO HELP@BEASPUNGE.COM

Spunge Footwear, LLC and its affiliates ("Spunge Footwear, LLC") operates the website at www.beaspunge.com (the "Website" or "Site"). To assist you in using the Website and associated Services, and to ensure a clear understanding of the relationship arising from your use of the Website and participation in the Services, we have created (i) these Terms of Use (the "Terms of Use" or "Terms") and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site, and our Terms govern your use of our Site and participation in our Services. Our Terms and Privacy Policy apply to any visitor to the Website (collectively, "you"), including casual visitors to our Site who do not participate in the Services. The terms "Spunge Footwear, LLC ," "we" and "us" refer to Spunge Footwear, LLC .

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.

ALL SALES FINAL - EXCHANGES IF IN STOCK WITHIN 30 DAYS OF SHIPPING. NO RETURNS TO YOUR ORDER AFTER PLACED.

1. Your Agreement. These Terms govern: (i) your use of the Website, (ii) your receipt of and participation in Spunge Footwear, LLC 's services offered through the Website (the "Services"), (iii) your provision of information in connection with using the Website (collectively, the "User Content "); and (iv) your use of information obtained through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Spunge Footwear, LLC or its licensors and made available to you through the Website (collectively, the "Spunge Footwear, LLC Content"). Please read these Terms carefully; they impose legal obligations on you and on Spunge Footwear, LLC , and establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.

2. Your Consent to our Privacy Practices. As noted above, our Privacy Policy explains how we treat information that you provide to us through the Site. By accessing our Website, you consent to our privacy practices.

3. Ownership; Reservation of Rights. The information, software, artwork, text, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website, Services, or the Spunge Footwear, LLC Content, are the proprietary property of Spunge Footwear, LLC and its licensors, and are protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. Spunge Footwear, LLC and its licensors retain all rights with respect to the Website, Services, and the Spunge Footwear, LLC Content except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Site and/or through the Services unless specifically authorized in writing by Spunge Footwear, LLC .

4. Grant of Rights

a. Grant of Rights to Spunge Footwear, LLC in User Content. By submitting User Content when participating in the Services, uploading files, or otherwise (if such features are available to you), you grant Spunge Footwear, LLC the right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing our Services. No compensation will be paid with respect to Spunge Footwear, LLC 's use of your User Content under this grant. You represent and warrant that you own all rights needed to provide the grant set out in this Section 4.a (Grant of Rights to Spunge Footwear, LLC in User Content).

b. Grant of Rights to You in Spunge Footwear, LLC Content. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Website and Spunge Footwear, LLC Content solely for your personal purposes, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or Spunge Footwear, LLC Content; (ii) modify or make derivative works based upon the Website or Spunge Footwear, LLC content; or (iii) reverse engineer, reverse compile, or access the Website or the Spunge Footwear, LLC Content in order to build a competitive product or service. You may access and view the Website and the Spunge Footwear, LLC Content for use solely as provided in these Terms, but you may not modify, copy, distribute, or otherwise use the Website or the Spunge Footwear, LLC Content.

5. Code of Conduct. AS A CONDITION TO YOUR USE OF THE WEBSITE AND THE SERVICES, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW. Under this Code, you will not:

• Upload, email, or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography, or is otherwise objectionable.

• Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private, or sensitive information about another person, without that person's consent.

• Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.

• Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials - such as music, videos, games, images, and text in electronic form - can easily be copied, modified, and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission, or without a legitimate "fair use" justification for the transmittal.

• Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

• Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.

• Use the Website in a manner that could disable, overburden, or impair the Website or Services, or interfere with any other party's use and enjoyment of the Website and Services, such as through sending "spam" email.

• Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.

• Seek to obtain access to any materials or information through "hacking," "data harvesting," or through other means we have not intentionally made available to you through the Website.

• Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

6. Monitoring; Revocation or Suspension of Use Privileges. We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all Services if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.

a. Although we have no - and assume no - obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct. We reserve the right to request edits to remove any information or materials, in whole or in part, that we believe, in our sole discretion, are incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE SERVICES AT ISSUE.

b. Users should also understand that our Code of Conduct is based in many instances on principles of applicable law. Users who violate our Code of Conduct accordingly may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney's fees. Spunge Footwear, LLC reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our Privacy Policy.

7. Reports and Complaints. If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, you may report your concerns by contacting us in accordance with Section 23 (Contact Us).

8. Links to Third-Party Sites. The Website may also contain links or produce search results that reference links to third party websites (collectively "Linked Sites"), such as those to visit our pages on social media websites. Spunge Footwear, LLC has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites' privacy practices with respect to information that you provide to the Linked Sites. Spunge Footwear, LLC does not endorse the content of any Linked Site, nor does Spunge Footwear, LLC warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk. For example, if you submit Personally Identifiable Information to a Linked Site, then the Information that you submit shall be governed by the Linked Site's privacy policy and terms of use, and not by Spunge Footwear, LLC 's Privacy Policy and Terms of Use.

9. User Conduct; User Disputes. Spunge Footwear, LLC is not responsible for and is not liable for User Content or user conduct. You are solely responsible for your User Content, conduct, and interaction with other site visitors, both online and offline. We have no obligation to become involved in disputes between site visitors. If you have a dispute with one or more site visitors, you release Spunge Footwear, LLC (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

10. Terms and Conditions of Products.

a. Product(s).

i. "Product(s)" shall mean any goods purchased through this Site, and any subdomains.

ii. Spunge Footwear, LLC may change the Product (i) to reflect any changes in relevant laws and regulatory requirements and (ii) to implement minor technical adjustments and improvements. These changes will not affect the Client's use of the Product.

iii. Products offered are intended for personal use. Spunge Footwear, LLC reserves the right to refuse to sell Products to you if it reasonably appears to us that you intend to resell such Products. Verification of information may be required prior to our acceptance of any order. We further reserve the right to limit quantities of Products purchased by each customer or to refuse to provide any customer with any such Products. Your properly completed and delivered order form through the Site constitutes your offer to purchase the goods or services referenced in your order. Your order will be deemed to be accepted only if and when Spunge Footwear, LLC sends an order acceptance and shipping notice email to your email address.

iv. Spunge Footwear, LLC endeavors to be accurate when describing and displaying products on the Services. However, items may occasionally be mispriced, described inaccurately, or unavailable (for example, due to delays with respect to updating the Services or our advertising on other websites). Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only, and fit and sizing may vary between brands, products, and even the same or similar products. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Services. As a result, and as set forth in the "Disclaimers" section below, Spunge Footwear, LLC does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on the Services, including prices, product images, descriptions, specifications, and indications of availability. Spunge Footwear, LLC reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

b. Product Pricing.

i. The price for all goods will be as quoted on the Services. The prices displayed on the Services are quoted in U.S. dollars. Prices and availability information are subject to change without notice. Prices do not include sales tax (and for international sales value added tax, customs and duties), where applicable, or delivery costs. You are entirely responsible for paying, all applicable sales and use taxes, VAT, export and/or import taxes and duties and all transactional taxes or levies related to each Product purchased, as well as the delivery cost. In addition, if you are an international custmers (e.g. residing outside the United States), you must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the Product from its country of origin and import into your country. Spunge Footwear, LLC reserves the right, at any time, to change its prices and billing methods for Products sold, effective immediately upon posting on the Site or by electronic communications to you.

ii. If shipping costs are charged, these will be clearly stated on the Site before purchase. The shipping costs will be displayed separately in the ordering process.

iii. Spunge Footwear, LLC 's pricing and the availability of the Product can change at any time without notice, which may also include import/export restrictions. Prices indicated are in U.S. dollars and we will indicate to you any other applicable shipping charges and taxes prior to your purchase. By your purchase, you agree to indemnify and hold Spunge Footwear, LLC harmless from and against any liabilities, interest, penalties or fees arising from a failure to pay any such charges or taxes for which you may be liable.

c. Order Process, Payment, and Electronic Communications.

i. If you place any orders for Products on the Site, you are expressly agreeing that Spunge Footwear, LLC is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Spunge Footwear, LLC. You agree that the fees will be billed to your payment card you provide in accordance with the billing terms in effect at the time a fee or charge is due and payable, as applicable. All billing information must match the shipping address, no exceptions. If payment is not received or cannot be charged to your payment card for any reason in advance of shipping your order, Spunge Footwear, LLC reserves the right to either suspend or terminate your order.

ii. All orders placed by you are subject to acceptance by Spunge Footwear, LLC and all items are subject to availability. Order processing may take between 1 to 7 days (not including weekends or holidays) and sometimes longer, depending upon volume of orders. Special Product orders (including limited editions, and pre-order offers) may contain additional terms, of which will be provided for each respective Product. Please read Product sales terms listed for each Product carefully before placing your order.

iii. Acknowledgement of your order means that Spunge Footwear, LLC has received your order request; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. Spunge Footwear, LLC may in its discretion require credit or other additional verification or information before accepting any order.

iv. Spunge Footwear, LLC reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider or other automatic device, software, process or application to place, or take preparatory steps to place, one or more orders; violation of these Terms and Conditions; or actual or suspected fraud or abuse. In addition, if you for any reason fail to pay the total purchase price with respect to any products in accordance with this Section, you irrevocably authorizes us, at our option, to charge you for any outstanding portion of such total purchase price using any credit card information you have provided on the Site or in connection with the purchase, whether or not you provided such credit card information in connection with the sale at issue.

v. By using the Site, you consent to receiving electronic communications from Spunge Footwear, LLC . These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and services. These electronic communications are part of your relationship with Spunge Footwear, LLC and you receive them as part of your Product order. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

d. Risk of Loss. All purchases through the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Spunge Footwear, LLC 's delivery of such items to the shipping carrier. Except as expressly set forth in these Terms and Conditions, you are solely responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.

e. Shipping and Returns/Exchanges.

i. Any estimated arrival or delivery date provided by Spunge Footwear, LLC is not a guarantee. Although Spunge Footwear, LLC will make reasonable effort to meet estimated dates, delivery of the Product may take more or less time than estimated and Spunge Footwear, LLC disclaims any loss, damage, or injury resulting from a delay in arrival or delivery. If Spunge Footwear, LLC is unable to deliver the Products within thirty (30) days after it confirms acceptance of the order, it will notify you accordingly. In such event, you have the right to either agree to a new delivery date or to cancel your purchase without incurring any costs, and you will receive a refund for any Products paid for but not received. You acknowledge and agree that Spunge Footwear, LLC shall not be liable for, or otherwise obligated to approve or accept any cancellations or refunds requests from you related to any: (i) pre-order Products; (ii) limited edition Products; (iii) final sale Products; (iv) custom order Products; (v) Products that have produced and/or shipped prior to such cancellation and/or refund request; and (vi) those Products subject to additional terms and conditions identified in their respective Products listing. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

ii. If the ordered Product is out of stock or can no longer be supplied for any other reason, Spunge Footwear, LLC may elect to cancel the order by notifying you in writing, and refund your purchase.

iii. For a multiple product orders, we will attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

iv. Spunge Footwear, LLC does not authorize the sale of Products by unauthorized resellers and does not sell or supply Products to unauthorized resellers. An order placed by an unauthorized reseller will be rejected without stating reasons and the such unauthorized customer may be excluded by Spunge Footwear, LLC from the Site.

v. If a delivered Product fails to comply with this limited warranty, you must notify Spunge Footwear, LLC thereof within five (5) days. You can submit a complaint by email or in writing. The contact details of Spunge Footwear, LLC are provided at the end of this Terms and Conditions and Limited Warranty policy. Spunge Footwear, LLC will respond to the complaint as soon as possible, and in any case within seven (7) days after receipt of the complaint. If Spunge Footwear, LLC is unable to formulate a substantive response to the complaint within such period, Spunge Footwear, LLC will confirm receipt of the complaint and give an indication of the time within which it expects to be able to give you a substantive or definitive response. The warranty liability of Spunge Footwear, LLC is limited to your purchase price for the Product unless otherwise prohibited by law.

vi. Please Note: only items purchased by the original purchaser on www.beaspunge.com may be accepted by Spunge Footwear, LLC for returns and exchanges. If you purchased your Products from one of our authorized retailers, please contact them for assistance.

vii. We shall have the sole discretion to elect whether to refuse any return request, inspect the item that is the subject of a return request (for which you shall incur any expense of return to us for such inspection), or honor the return request (a "Permitted Return"). If we grant a Permitted Return, we may elect, in our sole discretion and subject to availability, to replace the Permitted Return with available inventory of the same product, provide you credit, or refund the purchase price you paid for the product (inclusive of the initial standard delivery charge, or if part of a larger order, the standard per item delivery charge). For those Permitted Returns under this Section, we will not refund the shipping costs to return the Order. In addition, as it relates to all Orders, any Permitted Return that: (x) is not in its original condition and original packaging (or re-packaged in accordance with this Section (Return Shipping Guidelines); or (y) which we reasonably believe has been damaged by You, will not be accepted by us. Permitted Returns shall include only:

1. Damaged Items. Only those items purchased by the original purchaser and received by the original purchaser in damaged condition from our manufacturer is capable of being deemed a Permitted Return. We do NOT consider the packaging or box part of the item in making this determination, and we will not offer refunds or replacements for any damage to such packaging or box. You shall notify SPUNGE FOOTWEAR, LLC of receipt of any damaged item no later than five (5) days after delivery of the item to You (the "Damage Notice Period") by sending notice to help@beaspunge.com, including (i) a description of the damage; (ii) photograph of the damaged item; and (iii) copy of the original receipt. Any notification or request by You beyond the Damage Notice Period shall be refused and rejected. Please be advised that due to the limited and special nature of the items, we may not be able to replace the item. SPUNGE FOOTWEAR, LLC reserves the right to repair, replace or (partially) refund the cost of a Product. SPUNGE FOOTWEAR, LLC will only pay the costs of return and other shipping costs in case of defective or misdescribed Products. These rights shall only apply to the original purchaser.

2. Wrong Color, Wrong Size, or Wrong Item. If You receive the wrong color, wrong size, or wrong item You purchased, please notify us at no later than five (5) days after delivery of the item to You to help@beaspunge.com including (i) a description of the item intended for purchase; (ii) photograph of the item received; and (iii) a copy of the original receipt (the "Wrong Color/Size/Item Notice"). Any notification or request by You beyond the Wrong Color/Size/Item Notice Period may be refused or rejected, in our sole discretion. Please be advised that due to the limited and special nature of the items, we may not be able to replace the item. We can only accept exchanges from the country which the shipment was sent. In addition, please note that customized items cannot be returned or exchanged. You are responsible for ensuring that the customization details are correct. No cancellation nor alteration may be made once a customized order has been placed. It is not possible to request customization for items after an order has been placed or delivered.

viii. All Permitted Returns from www.beaspunge.com must be accompanied by all original Product components in the original packaging, sealed, unused and undamaged by the original purchaser. Spunge Footwear, LLC reserves the right to inspect any return and to limit returns if we have reason to suspect misuse of our returns policy (such as excessive returns, reseller activity, or fraud).

ix. For products imported into the United States, your order serves as your electronic signature indicating your agreement to the following statement: "The designated carrier/customs broker is hereby authorized to execute, as an unpaid agent who has knowledge of the facts, pursuant to the provisions of section 485(f), Tariff Act of 1930, as amended, the consignee's and owner's declarations provided for in section 485 (a) and (d), Tariff Act of 1930, as amended, and to enter on my behalf or for my account the goods described in the attached invoice which contains a true and complete statement of the facts concerning the shipment.

x. If you purchase a Product from an unauthorized reseller, the warranty is not valid, and Spunge Footwear, LLC has no warranty obligation of any kind. Please be aware that there are some websites or dealers (e.g. eBay, Amazon, etc.) who claim to be authorized resellers but are not. Products sold on these websites or from these dealers do not carry a warranty from Spunge Footwear, LLC . When you purchase products from an unauthorized website, you are taking a risk because these products may be counterfeit, used, defective, or may not be designed or fit for use in your country. Please ensure that you only purchase Products through the Site or from an authorized reseller. If you have any questions about authorized resellers, please contact us. This disclaimer is without prejudice to any rights consumers may have and to the extent permitted by applicable law.

xi. You are responsible for any and all taxes, duties, and fees that may be due in relation to your order Your authorization permits the carrier/customs broker to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit any taxes, customs duties and fees levied by the destination country.

xii. Spunge Footwear, LLC reserves the right to repair, replace or (partially) refund the cost of a Product. Spunge Footwear, LLC will only pay the costs of return and other shipping costs in case of defective or misdescribed Products. These rights shall only apply to the original purchaser.

f. International Customer Orders and Shipments. In addition to the shipping terms in subsection (e), the following shall apply to international customers:

i. Notice to European Union Customers - European Union Consumer Rights Directive. Where the EU Consumer Rights Directive (2011/83/EU) as implemented into national law in the various EU jurisdictions applies to you, unless one of the exceptions below applies, you have the right to cancel its order without giving reason within 14 days from the day on which you receive the Order. You must inform Spunge Footwear, LLC of your decision to cancel the order in writing within this period. Upon receipt Spunge Footwear, LLC will reimburse all payments received from you for the Order purchased and you will incur no fee as a result of such reimbursement. However, reimbursement may be withheld until Spunge Footwear, LLC has received the Order(s) back from you. You must send back the products following the instructions of Spunge Footwear, LLC . You will bear the cost of returning the Order to Spunge Footwear, LLC . You may lose this right if the value of the Order(s) returned diminishes due to the handling of the Order. The right of cancellation does not apply to: (a) the supply of Items made to the buyer's specifications (You are responsible for ensuring that the customization details are correct. No cancellation nor alteration may be made once a customized order has been placed. It is not possible to request customization for items after an order has been placed or delivered.); (b) the supply of Products which are limited editions, special offers, final sales, or may deteriorate or expire rapidly; (c) the delivery of Products which are not suitable for return due to health protection or hygienic reasons if unsealed by the buyer after delivery, or which are, after delivery, mixed with other items; (d) the delivery of sealed video or audio recordings or of sealed software if unsealed by the buyer after delivery; and (e) the setting aside stock that would result in difficulty to fulfill.

ii. International orders may require the customer to provide additional information to the carrier in order to ensure delivery. For this reason, you may be contacted via email, phone, or SMS text message to provide these details. If you are contacted in such a manner, it does not mean that you have been subscribed or enrolled in any messaging service, nor that you will be asked to pay any additional fees upon delivery. The carrier will be unable to deliver your parcel without the additional details requested, and if you do not provide this information your parcel will be returned to our warehouse.

iii. You are responsible for complying with all of the applicable laws and regulations in your country, including the laws and regulations regarding the import of products into your country. You will be the importer of record of products shipped to you from outside of the country to which such products are shipped. By placing an order, you acknowledge that for any products shipped to you from outside of your country, you are importing the products in your order for non-commercial (personal) use. You agree that we may appoint a subcontractor (e.g. carrier/customs broker) on your behalf as your unpaid agent for customs purposes by executing a power of attorney applicable to a single non-commercial shipment.

iv. All orders shipped internationally will include a flat rate shipping fee, and may incur customs fees, duties, taxes, or brokerage fees. For international orders shipped to countries other than those stated above, customs fees, duties, or taxes incurred will be the responsibility of the recipient and will be calculated, displayed, and charged at checkout.

11. Limited Warranty and Disclaimer. Spunge Footwear, LLC DOES NOT PROMISE THAT THE WEBSITE, PRODUCTS, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE WEBSITE AND ALL SERVICES AND CONTENT WITHIN IT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK. Spunge Footwear, LLC DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

Spunge Footwear, LLC DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES AND CONTENT IS AT YOUR SOLE RISK.

12. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL Spunge Footwear, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE AND RELATED SERVICES AND CONTENT. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE FAILURE OF ANY EXCLUSIVE REMEDIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

13. Indemnity. You agree to defend, indemnify, and hold Spunge Footwear, LLC and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.

14. Force Majeure. Notwithstanding any other provision of these Terms and Conditions and Limited Warranty, neither party will be liable to the other party for any delay in performing or failure to perform any of its obligations under this Agreement to the extent performance is delayed or prevented due to Force Majeure. "Force Majeure" will mean causes that are beyond the reasonable control of the party claiming Force Majeure and that could not have been avoided or prevented by reasonable foresight, planning or implementation by the party claiming Force Majeure, including without limitation: (a) any act of God, fire, explosion, lightning, storm, flood, earthquake, or accident; (b) war, terrorism, hostilities, civil war, insurrection, riot, civil unrest, commotion or acts of a public enemy; (c) labor shortages, strikes, lock-outs, or other labor, industrial or trade action, disputes, disruption or disturbances (whether involving its employees or those of any other person); (d) theft, sabotage, malicious damage, fraud, epidemic, pandemic, plagues, or quarantine restrictions; or (e) failure, malfunction or unavailability of power, telecommunications, data communications, or related services. Any delay or failure of this kind will not be deemed to be a breach of these Terms and Conditions and Limited Warranty and the time for performance of the affected obligation will be extended by a period that is reasonable in the circumstances. A party claiming the benefit of this clause will use reasonable efforts to mitigate the effect of any of the events or circumstances referred to above and will promptly advise the other party of the date by which its performance may reasonably be expected to resume.

15. Arbitration & Class Action Waiver.

a. If a dispute arises between you and Spunge Footwear, LLC , we would like to talk to you about it. Contact us at the address at the end of these Terms and Limited Warranty. If we are unable to resolve the dispute, you agree to submit the dispute to binding arbitration as described below. Please read this section carefully as it affects your legal rights.

b. Agreement to Binding Arbitration and Class Action Waiver. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS AND LIMITED WARRANTY OR USE OF THE PRODUCT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND Spunge Footwear, LLC , WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT Spunge Footwear, LLC AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS WILL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.

c. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS OF SALE AND LIMITED WARRANTY WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

d. Opt-Out of Arbitration Agreement. You may opt out of this agreement to arbitrate by emailing help@beaspunge.com with your first name, last name, and address within thirty (30) days of accepting this agreement to arbitrate, with a statement that you decline this arbitration agreement.

e. Arbitration Procedures. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by these Terms and Conditions and Limited Warranty. The Consumer Arbitration Rules are available online at https://www.adr.org/consumer. There will be one (1) arbitrator, who will be a trial attorney with not less than fifteen (15) years' experience in technology and consumer products. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the American Arbitration Association or by the arbitrator. The arbitrator's decision will follow these Terms and Conditions and Limited Warranty and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions and Limited Warranty, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms and Conditions and Limited Warranty will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

16. Contact for Alleged Copyright Infringement. Spunge Footwear, LLC respects the intellectual property rights of others and requires that its users do the same. If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a "Work"), please notify us as follows:

Attn: DMCA copyright administrator

Spunge Footwear, LLC

2045 Violet St

Los Angeles CA 90021

or by email to help@beaspunge.com

Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA"). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

17. Modifications to these Terms. We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect prospectively, once you next access the Website. Please feel free to print out a copy of these Terms for your records.

18. Assignment. These Terms shall not be assignable by you, either in whole or in part. Spunge Footwear, LLC reserves the right to assign its rights and obligations under these Terms.

19. General. These Terms shall be governed in all respects by the laws of the State of Delaware without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of Delaware in the judicial district where Spunge Footwear, LLC has its principal place of business. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Spunge Footwear, LLC 's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Spunge Footwear, LLC and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

20. Additional Terms. Certain Services may be subject to additional or different terms and conditions. We will notify you if the Service or portion of the Site is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Service or Site if you do not agree with the differing terms and conditions.

21. Survival. In addition to any provision that by its nature or intent is intended to survive the termination of these Terms, the following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 3 (Ownership; Reservation of Rights); (ii) Section 11 (Warranty Disclaimer); (iii) Section 12 (Limitation of Liability); (iv) Section 13 (Indemnity); (v) Section 18 (Assignment); and (vi) Section 21(Survival).

22. Relationship to Terms and Conditions, Privacy Policy and Other Contracts. These Terms must be read in conjunction (i) with other agreements into which you may enter concerning the Website (if any), and (ii) with our Privacy Policy and Terms and Conditions and Limited Warranty. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly, to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement will control.

23. Contact Us. If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us at:

Spunge Footwear, LLC

2045 Violet St

Los Angeles CA 90021

or by email to help@beaspunge.com

24. Governing Law. The parties hereto hereby submit to the exclusive jurisdiction of the courts sitting in Wilmington, Delaware and agree that venue is proper therein (and waive any objection to such venue) for the purpose of compelling arbitration and enforcing any arbitration award entered pursuant hereto.

Without waiving the right to appeal such decision, should any portion of this section be stricken from this Policy or deemed otherwise invalid or unenforceable, then this entire section (other than this sentence) shall be stricken from this agreement and inapplicable, and any and all disputes shall proceed in the state courts located in Wilmington, Delaware, or, if brought in a federal district court, United States District Court for the District of Delaware and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit.

25. Effective Date: The effective date of these Terms of Use is November 8, 2024.

COPYRIGHT AND LEGAL NOTICE. Copyright © 2024 Spunge Footwear, LLC . All Rights Reserved.

ACCESSIBILITY STATEMENT

Updated: November 8, 2024

GENERAL

Spunge Footwear, LLC strives to ensure that its services are accessible to people with disabilities. Spunge Footwear, LLC has invested a significant amount of resources to help ensure that its website is made easier to use and more accessible for people with disabilities, with the strong belief that every person has the right to live with dignity, equality, comfort and independence. Spunge Footwear, LLC is taking measures to ensure that all of the pages on its website meet W3C WAI's most recent Web Content Accessibility Guidelines, Levels A and AA.

DISCLAIMER

Spunge Footwear, LLC continues its efforts to constantly improve the accessibility of its site and services in the belief that it is our collective moral obligation to allow seamless, accessible and unhindered use also for those of us with disabilities. Despite our efforts to make all pages and content on Spunge Footwear, LLC fully accessible, this is a work in progress. To the extent any content is not fully accessible, this may be a result of Spunge Footwear, LLC not having found or identified the most appropriate technological solution. Under such circumstances, we will work diligently to remedy any inaccessibility.

HERE FOR YOU

If you are experiencing difficulty with any content on www.beaspunge.com or require assistance with any part of our site, please contact us during normal business hours as detailed below and we will be happy to assist.

CONTACT US

If you wish to report an accessibility issue, have any questions or need assistance, please contact Spunge Footwear, LLC Customer Support as follows: Email: help@beaspunge.com

Address:

Spunge Footwear, LLC

2045 Violet St

Los Angeles CA 90021

or by email to help@beaspunge.com