PRIVACY POLICY

THIS POLICY DESCRIBES HOW NEW ERA CAP, LLC AND ITS AFFILIATED ENTITIES ("NEW ERA," "WE," "OUR") COLLECTS, USES, AND DISCLOSES PERSONAL INFORMATION WHEN YOU ACCESS OR USE OUR WEBSITES, MOBILE APPLICATIONS, OR ANY OTHER SERVICES THAT LINK TO THIS PRIVACY POLICY, VISIT US IN OUR STORES, OR OTHERWISE COMMUNICATE WITH US. THIS PRIVACY POLICY ALSO TELLS YOU ABOUT YOUR RIGHTS AND CHOICES WITH RESPECT TO YOUR PERSONAL INFORMATION, AND HOW YOU CAN REACH US TO GET ANSWERS TO YOUR QUESTIONS.

California Consumer Notice of Collection
This Notice of Collection is provided to all California consumers subject to this Privacy Policy.

Types Of Information We Collect

Use And Processing Of Information

Disclosures Of Information

Your Choices

How We Protect Personal Information

Other Important Information

Contact Information

Types Of Information We Collect.

The following describes the type of information that we collect from you and how we use the information.

  • CONTEXT

    ACCOUNT REGISTRATION

  • TYPES OF DATA

    We collect basic identifying information such as your name, email address, phone number, and postal address when you create an account. We also collect information relating to the actions that you perform while logged into your account.

  • PRIMARY PURPOSE FOR COLLECTION AND USE OF DATA

    We have a legitimate interest in providing account relating functionalities to our users. Accounts can be used for easy checkout and to save your preferences and transaction history

  • Cookies and first party tracking

  • We use cookies, web beacons, clear GIF, pixels, internet tags, and other similar tracking technologies (collectively “tracking technologies”) to monitor how you interact with our websites and mobile applications. This may include which links you click on or identifying information about your device or browser. See our Cookies and Similar Tracking Technologies section below for more information.

  • We have a legitimate interest in making our websites and mobile applications operate efficiently, providing account related functionalities, understanding how you interact with our websites and mobile applications to better improve them, and maintaining security standards. We also have a legitimate interest in detecting and preventing fraud.

  • Cookies and Third Party Tracking

  • We collect information about your internet activity and so that we can provide advertising about products and services tailored to your interests on our websites, or on other websites. See our Cookies and Similar Tracking Technologies section below for more information.

  • We have a legitimate interest in engaging in behavior-based advertising and capturing website analytics. You can manage your preferences via our Cookie Preference Center.

  • Commercial Information

  • We collect basic identifying information such as your name, billing address, shipping address, email address, phone number, and payment information such as your credit card number when you place an order with us. We also collect certain commercial information regarding the products or services you have purchased, returned, exchanged, or considered, and your preferences, as well as your government-issued identifier in connection with return transactions.

  • We have a legitimate interest in in fulfilling our contract with you for the provision of products or services, and to provide you receipts and order updates, send notifications to you related to your account, purchases, returns, and exchanges

  • Distance Information

  • When you use one of our mobile applications we may collect your location from the GPS, Wi-Fi, and/or cellular technology in your device to determine your location and your distance from a store that sells our products.

  • We have a legitimate interest in understanding our users and providing tailored services. In some contexts our use is also based upon your consent to provide us with geolocation information.

  • Email Interconnectivity

  • If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases.

  • We have a legitimate interest in understanding how you interact with our communications to you.

  • Feedback/Support

  • If you provide us feedback or contact us for support we will collect basic identifying information such as your name and email address, as well as any other content that you send to us, in order to reply

  • We have a legitimate interest in receiving, and acting upon, your feedback or issues.

  • Mailing List

  • When you sign up for one of our mailing lists we will collect your email address or postal address.

  • We have a legitimate interest in sharing information about our products or services.

  • Mobile Devices

  • We may collect information from your mobile device such as unique identifying information broadcast from your device when visiting our website, mobile applications or when visiting one of our stores.

  • We have a legitimate interest in identifying unique visitors, and in understanding how users interact with us on their mobile devices.

  • Gift Information

  • Our websites provide the opportunity to send gifts to businesses, family, or friends. In order to properly provide these services, we may collect your name and contact and payment information, as well as the name, email address, and/or shipping address of the gift recipient.

  • We have a legitimate interest in fulfilling our contract with you.

  • Partner Promotion

  • We collect information that you provide, such as your name and email address as part of a co-branded promotion with another company.

  • We have a legitimate interest in fulfilling our promotions.

  • Customer Relationship Management/Service Use History

  • We collect certain contact and related business information (name, email address, professional contact information) when you or your organization obtains products or services from us. In some instances, we may collect certain background or screening information to the extent needed and in accordance with applicable law.

  • We have a legitimate interest in providing products and services to our business customers and performing our contract with your organization. We also use such information to administer and maintain our relationship with your organization.

  • Supplier Relationship Management

  • We collect certain contact and related business information (name, email address, professional contact information) when you or your organization provides us with certain products or services. In some instances, we may collect certain background or screening information to the extent needed and in accordance with applicable law.

  • We have a legitimate interest in administering our relationship with our suppliers and performing our contract with your organization. We also use such information to administer and maintain our relationship with your organization.

  • Surveys

  • When you participate in a survey we may collect information that you provide through the survey. If the survey is provided by a third party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information.

  • We have a legitimate interest in understanding your opinions, and collecting information relevant to our organization.

  • Sweepstakes or contests

  • When you participate in a sweepstakes or contest we collect information about you which includes contact information to notify you if you are selected.

  • We have a legitimate interest in operating contests and sweepstakes. In some contexts we are also required by law to collect information about those that enter into our sweepstakes, and we have a legitimate interest in complying with those laws.

  • Web logs

  • We may collect information from you, including your browser type, operating system, Internet Protocol (IP) address, domain name, click-activity, referring website, and/or a date/time stamp for visitors.

  • We have a legitimate interest in monitoring our networks and the visitors to our websites. We also have a legitimate interest in detecting and preventing fraud.

In addition to the purposes and uses described above, we use information in the following ways:


• To identify you when you visit our websites or our stores.
• To provide and improve our products and services, or to process returns.
• To streamline the checkout process.
• To administer, maintain, evaluate, and improve our websites, mobile applications, and services, and to develop new products and services.
• To conduct research and analytics related to our websites, mobile applications and services, including combining any or all of the information that we collect or obtain.
• To respond to inquiries related to support, employment opportunities, or other requests.
• To send marketing and promotional materials, including information relating to our products, services, sales, or promotions.
• For internal administrative purposes, as well as to manage our relationships.
• To detect, investigate, prevent, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity, including fraudulent transactions, attempts to manipulate or violate our policies, procedures, and terms and conditions, security incidents, and harm to the rights, property, or safety of New Era and our customers, employees, or others.

Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, if you complete an online purchase we may collect your information to perform our contract with you, but we also collect your information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your order. As a result our collecting and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.

SOURCES OF INFORMATION

We collect your personal information in the following ways, pursuant to applicable law:


- Directly From You, when you use our engage with our websites or mobile applications, shop with us, register for an account, contact us, respond to a survey, sign up to receive emails, text messages, and/or postal mailings.
- Through Our Use of Cookies and Other Automatic Data Collection Technologies, when you visit our websites, open or click on emails we send you, or interact with our advertisements. We or third parties we work with automatically collect certain information using technologies such as cookies, web beacons, clear GIF, pixels, internet tags, web server logs, and other data collection tools. For more information, please see the “Cookies and Similar Tracking Technologies” section below.
- Through in-store and other offline technologies. In some cases, we record customer service calls for quality assurance. We also use Closed Circuit Television or CCTV in our stores for safety, security, fraud, loss prevention, and operational purposes.
- From Our Third Party Partners, including from third parties that we have partnered with to provide you the products and services that you have requested from us.
- Other Sources, including data analytics providers or publicly available sources.

DISCLOSURE OFINFORMATION

In addition to the specific situations discussed elsewhere in this policy, we disclose personal information in the following situations:


Affiliates and Acquisitions. We may disclose your information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires or plans to acquire, our company, business, or our assets, we will also disclose your personal information with that company, including at the negotiation stage.


Other Disclosures with Your Consent. We will ask if you would like us to disclose your information with other unaffiliated third parties who are not described elsewhere in this policy.


Compliance with Law or Other Legal Process. We will disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also disclose your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third party intermediary.


Public Forums. Some of our websites provide the opportunity to post comments, or reviews, in a public forum. If you decide to submit information on these pages, that information will be publically available.


Partner Promotion. We may offer contests, sweepstakes, or other promotions with third party partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third party partner the personal information that you provide will be disclosed to us and with them. Their use of your information is not governed by this privacy policy.


Service Providers. We disclose your personal information to service providers. Among other things, service providers help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders.


Third Party Applications/Websites. New Era may share its customer information (including personally identifiable information) with certain companies, including Rakuten Advertising (https://rakutenadvertising.com), who may track user activity when you interact with our websites. The collection and use of this information is subject Rakuten’s privacy policy (https://rakutenmarketing.com/legal-notices/services-privacy-policy). We have no control over the privacy practices of websites or applications that we do not own.


Social Media Platforms and Networks. If you interact with us on social media or use features such as plugins, widgets, or and other tools made available by social media platforms or networks (including Instagram, Facebook, Twitter, Google, YouTube, and Pinterest) in connection with our websites or mobile applications, we collect information that you disclose to us, or that the social media platforms disclose to us. For more information about the privacy practices of those social media platforms, please review the privacy policies and settings of the social media platforms and networks that you use.


De identified Personal Information. We may disclose or use aggregated or de-identified data for any lawful purpose. De-identified information is generally not considered to be personal information under applicable laws.

Cookies and Similar Tracking Technologies

We and our third party partners (such as advertising and analytics providers) use cookies, web beacons, clear GIF, pixels, internet tags, and other similar tracking technologies (collectively, “tracking technologies”) to gather information when you interact with our websites, mobile applications, and email communications. Some tracking technologies help us maintain the security of our websites and your account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions.


We also permit third parties to use tracking technologies on our websites and mobile applications for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third parties use their technology to provide advertising about products and services tailored to your interests which may appear either on our websites or on other websites.


To the extent these tracking technologies are deemed to be a “sale”/“sharing” under California law, you can opt-out of these tracking technologies by following the instructions in the “Your Rights & Choices” section below. Please note, some features of our websites may not be available to you as a result.

YOUR RIGHTS & CHOICES

Where available to you in accordance with applicable data protection law, you can make the following choices regarding your personal information:


- Promotional Emails.
You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service related communications.
- Promotional Mailings. If at any time you do not want to receive offers and/or circulars from us you can remove yourself from our mailing lists by emailing us (our contact information is below) with "NO SNAIL MAIL" in the subject line along with your name, address and zip code. Please note that our mailings are prepared in advance of their being sent. Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed.
- Promotional Text Messages. You can opt-out of receiving text messages from us by replying “STOP” to the text message you receive from us. Please note that this will only opt you out of the specific text messaging program associate with that number.

- Changes To Your Personal Information. We rely on you to update and correct your personal information. Most of our websites allow you to modify or delete your account profile. Note that we may keep historical information in our backup files as permitted by law. If our website does not permit you to update or correct certain information contact us at the address described below.

- Deletion Of Your Personal Information. Typically we retain your personal information for the period necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or permitted by law. You may, however, request that we delete your personal information by following the process described below. If required by law, we will grant your request to delete information. However, when we delete personal information it will be removed from our active database, but it may remain in archives where it is not practical or possible to delete it. In addition, we may keep your personal information as needed to comply with our legal obligations, resolve disputes, and/or enforce any of our agreements.
- Objection to Certain Processing. You may object to our use of your personal information by contacting us at the address described below.
- Access To Your Personal Information. You have the right to request access to the personal information we hold about you, along with other information such as the purposes of the processing, the recipients or categories of recipients to whom the personal information has been or will be disclosed, the sources of the personal information, retention, and transfers of personal information. If required by law, upon request, we will grant you with reasonable access to the personal information that have about you. Where required by law, we may also transfer a machine-readable copy of your personal information to you or a third party of your choice.
- Online Tracking. Some web browsers incorporate a “Do Not Track” (DNT) or similar feature that signals to websites that a visitor does not want to have his/her online activity and behavior tracked. Not all browsers offer a DNT option and there is currently no industry consensus for how to recognize or respond to a DNT signal. For these reasons, New Era does not currently respond to DNT signals. New Era will endeavor to recognize commercially recognized opt out signals (e.g., Global Privacy Control). Recognition of this signal will only take place with respect to the device and/or browser that communicates the signal.
- Do Not Sell My Personal Information. Subject to certain exceptions, California residents have the right to opt out of the "sale"/”sharing” of their personal information. It may be considered a “sale”/”sharing” of personal information under California law when we disclose your email address to the sports leagues we partner with. We and our licensing partners use that information to deliver offers, products and promotions that may be of interest to you. Also, we use services that help deliver interest-based ads to you and may transfer personal information to business partners for their use. Making personal information (such as online/device identifiers, browsing activity, or geolocation) available to these third parties may be considered a “share” under the CCPA. To opt out of the "sale"/”sharing” of your personal information as just described, please click the “Do Not Sell/Share My Personal Information” link at the bottom of our website or visit our Privacy Requests page.
- Automated Processing: Under certain circumstances, you have the right to object to a significant decision based solely on automated processing (i.e., without human intervention) unless that decision is required or authorized by law.
- Right of Non-Discrimination/Retaliation: We do not discriminate against individuals who exercise any of their rights described in this Privacy Policy, nor do we retaliate against individuals who exercise these rights.
- Right to Opt Out of our Use of your Sensitive Personal Information (in certain instances and if permissible under applicable law). We do not disclose sensitive personal information for purposes other than those which cannot be limited under applicable law.

Please note that many of the above rights are subject to exceptions and limitations. Your rights and our responses will vary based on the circumstances of the request. If you choose to assert any of these rights under applicable law, we will respond within the time period prescribed by such law.


If you are located in the State of California in the United States, a person authorized to act on your behalf may make a verifiable request related to your personal information. If you designate an authorized person to submit requests to exercise certain privacy rights on your behalf, we will require verification that you provided the authorized agent permission to make a request on your behalf.


In any circumstances, your request must: (i) provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative of that person; and (ii) describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.


To exercise your rights, please contact us at Privacy.requests@neweracap.com, call us at 1-(877)-NEC-5950, or visit our Privacy Requests page.

HOW WE PROTECTPERSONAL INFORMATION

No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Some of our websites and mobile applications may permit you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account by using one of the methods listed below under “Contact Information.”

HOW LONG DO WEKEEP YOUR PERSONAL INFORMATION

We retain information about you and your relationship with us for as long as is needed to fulfill our legitimate business purposes outlined in this Privacy Policy. The specific periods for which we keep information about you vary depending on the nature of the information, why we need it, and whether the personal information is de-identified. We also consider the minimum necessary retention period prescribed by applicable laws, recommended by industry standards, and stated in contracts and other legal obligations.

OTHER IMPORTANT INFORMATION

The following additional information relates to our privacy practices:


Transmission Of Information To Other Countries. As a multi-national company we transmit information between and among our affiliates. As a result your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. In order to provide adequate protection for the transfer of your personal information, we rely on the EU Standard Contractual Clauses and similar mechanisms to facilitate the transfer of content that contains personal information from the European Economic Arena (“EEA”) and the United Kingdom (UK), to jurisdictions not considered to provide adequate protection to personal information by the EEA and the UK, including the United States, where necessary and as required. If you have questions about such mechanisms or would like to request copies of the same, you can contact us using the contact information below.


Information for California Residents. If you would like more information concerning the categories of personal information (if any) we disclose to third parties or affiliates for those parties to use for direct marketing please submit a written request to us using the information in the "Contact Information" section below.


Children's privacy. New Era will not knowingly collect any personally identifiable information from children under the age of 13 and our websites and our services are not directed to children under the age of 13. If a child under 13 submits personal information to New Era and we learn that the information is from a child under 13, we will attempt to delete the information as soon as possible. In addition, New Era does not knowingly sell the personal information of minors under the age of 16.


Changes To This Privacy Policy. We may change our privacy policy and practices over time. To the extent that our policy changes in a material way, the policy that was in place at the time that you submitted personal information to us will generally govern that information. Our privacy policy includes an “effective” and “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified.

Contact Information

If you have any questions, comments, or complaints concerning our privacy practices please contact us at the appropriate address below. We will attempt to respond to your requests and to provide you with additional privacy-related information.


Privacy.requests@neweracap.com
Attention: Customer Care and Legal Department
160 Delaware Ave.
Buffalo, New York 14202
1-(877)NEC-5950


If you are not satisfied with our response, and are in the European Union or the United Kingdom, you may have a right to lodge a complaint with your local supervisory authority.


Last Revised: 11.23.2022
Effective date: 1.1.2020