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, OR ANY OTHER SERVICES THAT LINK TO THIS PRIVACY POLICY, 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. YOU CAN JUMP TO PARTICULAR TOPICS BY GOING TO THE HEADINGS BELOW:

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 your name and contact information 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 gather information when you interact with our website. See our Cookie Policy for more information.

  • We have a legitimate interest in making our website operate efficiently, providing account related functionalities, improving our platform, services and product offerings, and maintaining security standards.

  • Cookies and Third Party Tracking

  • We participate in behavior-based advertising, this means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can provide advertising about products and services tailored to your interests on our website, or on other websites. See our Cookie Policy 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.

  • Demographic Information

  • We collect personal information from you, such as your age or location.

  • We have a legitimate interest in understanding our users and providing tailored services.

  • Distance Information

  • When you use one of our Apps we  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 geo location 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 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 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. 

  • Order Placement 

  • We collect your name, billing address, shipping address, email address, phone number, and credit card number when you place an order.

  • We use your information to perform our contract to provide you with products or services.

  • Partner Promotion

  • We collect information that you provide as part of a co-branded promotion with another company.

  • We have a legitimate interest in fulfilling our promotions.

  • 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 the 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.

  • Website interactions

  • We use technology to monitor how you interact with our website. This may include which links you click on, or information that you type into our online forms.  This may also include information about your device or browser.

  • We have a legitimate interest in understanding how you interact with our website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful.  We also have a legitimate interest in detecting and preventing fraud.

  • Web logs

  • We may collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), 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.  Among other things, it helps us understand which of our services is the most popular.

In addition to the information that we collect from you directly, we also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources. 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.

• To identify you when you visit our websites or our stores.
• To provide products and services or to process returns.
• To improve our services and product offerings.
• To streamline the checkout process.
• To conduct analytics.
• 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.

DISCLOSURE OF INFORMATION

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, but not limited to:


- Shopify (https://www.shopify.com);
- Shopify Payments (https://www.shopify.com/payments);
- Sift (https://sift.com);
- Klaviyo (https://www.klaviyo.com);
- Klevu (https://www.klevu.com);
- Segment (https://segment.com);
- Narvar (https://corp.narvar.com);
- Avalara (https://www.avalara.com/us/en/index.html);
- XPO Logistics (https://www.xpo.com);
- United Parcel Service of America (https://www.ups.com);
- United States Postal Service (https://www.usps.com); and
- iSenseLabs (https://gdprcdn.b-cdn.net).

New Era partners with 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. Our websites have features such as, plugins, widgets, or and other tools made available by third parties that may result in information being collected or shared between us and the third party. For example, if you use Facebook’s “share” feature, Facebook may register the fact that you “shared” a product and may post that information on Facebook. Their use of your information is not governed by this Privacy Policy.

Your Choices

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


1. 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.


2. 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.


3. 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.


4. 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.

5. Objection to Certain Processing. You may object to our use of your personal information by contacting us at the address described below.


6. Access To Your Personal Information. If required by law, upon request, we will grant you with reasonable access to the personal information that have about you. You may request access to your personal information by following the process described below. 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.


7. Online Tracking. We do not currently recognize automated browser signals regarding tracking mechanisms, which may include "Do Not Track" instructions.


8. Do Not Sell My Personal Information. Subject to certain exceptions, California residents have the right to opt out of the "sale" of their personal information. It may be considered a “sale” 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. To opt out of the "sale" of your personal information as just described, please click the “Do Not Sell My Personal Information” link at the bottom of our website.

Process for submitting requests:


Please address written requests and questions about your rights to Privacy.requests@neweracap.com or call us at 1-(877)-NEC-5950.


Note that, as required by law, we will require you to prove your identity. We may conduct identity verification by phone call or email. Depending on your request, we will ask for information such as your name, the last item you purchased from us, or the date of your last purchase from us. We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.


In some circumstances, you may designate an authorized agent 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. You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us.


Information for Authorized Agents (for California residents):


If you are an authorized agent submitting a request on behalf of an individual you must attach a copy of the following information to the request:


1. A completed Authorized Agent Designation Form indicating that you have authorization to act on the consumer’s behalf.
2. If you are a business, proof that you are registered with appropriate government agencies.


If we do not timely receive both pieces of information the request will be denied.

How We Protect Personal 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, 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. California Civil Code 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 indicate that organizations should disclose whether certain categories of information are “sold” or transferred for an organization’s “business purpose” as those terms are defined under California law. You can find a list of the categories of information that we disclose here. 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. Please note, if you elect to exercise one of your choices listed above, you will not receive discriminatory treatment by us for exercising your privacy rights that are conferred upon you by law.


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 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: 7.20.2022
Effective date: 1.1.2020