Privacy Policy and CA Privacy Notice

Last Updated: June 26, 2024

Topo Athletic Privacy Policy

Scroll to Topo Athletic California Privacy Policy

Topo Athletic, LLC ("Topo") collects personal information to facilitate and enhance your shopping experience and for other purposes. This privacy policy (“Policy”) describes how we collect, use, disclose, and safeguard personal information and how to exercise any privacy rights you may have with respect to your information. This Policy applies to the personal information we collect on the phone, through our websites that link to this Policy, and through other means. It does not apply to personal information we collect in an employment context, including information we collect from job applicants and independent contractors. References to topoathletic.com, “Website” or “Sites” refer generally to all of Topo’s online services. In this Policy, “we” and “our” mean Topo.

Information We Collect

Personal Information

“Personal information” means information that identifies, relates to, or describes, directly or indirectly, a particular individual. We collect the following categories of personal information:

• Identifiers. We collect personal identifiers such as name, phone number, email address, billing address, shipping address, password, device id, and IP address. We will also create a client number when you make a purchase and when you sign up to be a member.
• Audio, electronic, and visual information. We collect audio, electronic, and visual information such as the messages you submit through topoathletic.com, emails and texts you send us, messages to delivery recipients, delivery instructions, digital photos you submit through topoathletic.com, and call recordings.
• Internet or other and network activity information. We collect information such as IP address, browsing or search history, your interactions with our emails, and data collected through cookies and similar technologies.
• Commercial information. We collect and generate commercial information such as records of merchandise and services purchased, product interests, and payment information (credit/debit card number, expiration date, and bank account information).
• Characteristics of protected classifications under California or federal law. We collect information such as age (including date of birth), gender or gender identity, race, ethnicity, and religion.
• Personal characteristics and demographic information. We collect personal characteristics such as your footwear size.
• Inferences from the information listed above. We use the information listed above to draw inferences about your preferences (such as your preferred brands and styles).
• Personal information as described in Cal. Civ. Code § 1798.80(e). We collect this information to the extent collected under another category of personal information above.

Some of the personal information listed above may be considered sensitive personal information under relevant privacy laws, including account login credentials. Each type of sensitive personal information may overlap with a category of personal information listed above.

Usage Data and Sites Activity

We automatically collect information in connection with the actions you take on our Sites ("Usage Data"). For example, each time you use our Sites, we automatically collect the type of web browser you use, the type of device you use, your operating system, your Internet Service Provider, the pages you view, referring and exit pages, the date and time of your visit, the number of clicks to, from, and within our Sites, and the duration of your visits to our Sites. If we can reasonably associate this information with you, directly or indirectly, we treat it as personal information under the categories of Identifiers and Internet or other electronic network information, as appropriate. If we cannot reasonably associate this information with you, we treat it as Usage Data.

De-identified or Aggregated Information

We de-identify and/or aggregate data we receive and may use and disclose it for any business purpose. We will not re-identify previously de-identified data.

Recorded Communications

We may record calls and retain the content of chat transcripts, emails, text messages, and other written or electronic communications between you and us. By communicating with us, you consent to our recording and retention of these communications.

How We Collect Information

From You

We collect the categories of personal information listed above directly from you through topoathletic.com (such as when you make a purchase and register for an account), during calls with you (such as when you contact customer service), when you interact with our emails (such as when you respond to our surveys and open and interact with our emails), and when you participate in surveys, product ratings and reviews, promotions, sweepstakes and contests.

From Third Parties

We also receive information from affiliates, service providers, analytics companies, marketing partners, advertising networks, and data companies about you and the different devices you use online (such as demographic information). Social media platforms and networks such as Facebook, Twitter, Pinterest, and Instagram provide public profile information (including personal identifiers, demographic information and visual information (such as your profile photo) about you when you use these platforms in connection with topoathletic.com.

Through Cookies and Other Automated Tools

Most websites use "cookies" and/or similar technologies to place information about a user's visit to that website in a small data text file that is stored on the user's computer. We use cookies to make our Website services available or easier for you to use. For instance, we use cookies to enable you to select products, place them in your shopping cart and make a purchase. In addition, certain other affiliated third parties may also deliver cookies to your computer. For example, we use third party analytics services, including Google Analytics, a web analytics tool that helps us understand how visitors engage with our website. These third parties may deliver cookies to your computer for the purpose of tracking your online behaviors across nonaffiliated websites to deliver targeted advertisements. You may choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your Internet browser settings. If you choose to turn your cookies off, you will not be able to make a purchase through our Website and you may not be able to access some of our features that make your site experience more efficient and convenient. If you would like to place an order without the use of cookies, please contact our Customer Service Department at (888) 994-9750

In addition to cookies, we may also use "web beacons", "pixel tags" and other web technologies to manage our website and email. These are small graphic images that allow us or preferred service providers to track non-personally identifiable analytical information about your visit to our Website (such as pages viewed). We may link the information we collect using these web technologies to your Personal Information.

We do not presently respond to "do not track" signals. If this should change, we will update this Privacy Policy to reflect this change.

Interested-Based Advertising

We may work with third-party advertisers, search providers, and ad networks ("Advertisers") to learn more about you and show you ads or other content that we believe would be relevant to you. Advertisers may collect and use information about your use of our Sites as well as other websites and services. These companies may use cookies and other online tracking technologies to collect and use your information. We and/or Advertisers may also append other data to the data collected by Advertisers to create an interest profile of individual users. Our Privacy Policy does not cover any use by Advertisers of information that they may collect from you except when the Advertiser acts as our service provider. Advertisements may be shown via our Sites or on third-party websites.

How Long We Keep Information

We may use personal information, including sensitive personal information, for general business purposes, including:

We may also use personal information and/or sensitive personal information as described to you at the point of collection, with your consent, to fulfill our legal obligations and seek legal advice, or as otherwise required by applicable laws.

Promotional Messages

If you make a purchase on topoathletic.com, create or modify a topoathletic.com account, or sign up for marketing emails, we will send you informational and promotional messages. We may also disclose your personal identifiers (such as name, mailing address, phone number, and email address) and commercial transaction information to other businesses, affiliated companies, or co-brand partners who may provide you with information about their products or services or the products and services of their affiliates.

If at any time you would like to stop future delivery of promotional email, please follow the removal instructions located at the bottom of each message. Asking us to stop delivery of future promotional email will not prevent you from receiving email communications relating to any online order you place at topoathletic.com, requests to participate in surveys about our products, other operational email communications or emails forwarded to you by a friend that tell you about our products.

Information We Disclose to Third Parties

We disclose any of the personal information we receive (listed above) for our business and commercial purposes and as more specifically described below.

Service Providers

We disclose personal information to entities that provide services to us. Categories of service providers include but are not necessarily limited to:

• Fulfillment and account servicing vendors, which help us provide products, services, and information to you, service your account or benefits, display product ratings and reviews, and perform payment and gift card processing services;
• Marketing and communications vendors, which help us market our or third parties' products or services to you, conduct promotions, surveys, and other outreach campaigns;
• Research and development vendors, which help us design, develop, and improve our products and services;
• Data and business analytics vendors, which help us collect, analyze, and improve the accuracy and usefulness of our data (including personal information);
• IT and network administration vendors, which provide services such as data storage and management, website hosting, and data security;
• General service providers, which help us with day-to-day business operations such as office support services, courier services, facilities management, and document destruction; and
• Professional service firms, which provide accounting, legal, HR and other professional services

In the past 12 months, we disclosed each category of personal information and sensitive personal information to service providers.

Third Party Sales and Sharing

Although we do not directly monetize your personal information, we may disclose it to third parties who are not our service providers in limited situations or allow third parties to collect it from our Sites. These disclosures may qualify as a sale or a sharing (for targeted or cross-context behavioral advertising purposes) under certain privacy laws. Relevant categories of third parties include:

• Affiliates. We may disclose personal information to affiliates for their own use. In the past year, we disclosed the following categories of personal information: Identifiers, Commercial information, and personal information as described in Cal. Civ. Code § 1798.80(e).

Other Third-Party Disclosures

We may disclose your personal information to third parties who are not our service providers for business purposes that do not constitute the sale or sharing (for targeted advertising or cross-contextual advertising purposes). For example:

• Publicly. If you choose to participate in a survey, product review or rating, or rate a review as helpful or not helpful, you may be providing information to a third party whom we use to process product ratings and reviews. Product ratings and reviews that comply with the Customer Ratings and Reviews Terms of Use, which can be found by clicking on “write a review” for any product, may be published on topoathletic.com, in emails, on television, and on social media platforms. Published ratings and reviews may identify the author’s review nickname and locale. In these situations, you are using and directing us to intentionally disclose personal information (including personal identifiers) so your product ratings and reviews can be available to the public.
• Legal and similar disclosures. We may disclose personal information about you with law enforcement, the courts, our advisors, attorneys, and others who participate in the legal process, if necessary to do so by law or based on our good faith belief that it is necessary to enforce or apply our Website Terms of Use, conform or comply with the law or is necessary to protect Topo, the users of topoathletic.com or others.
• Merger, sale, or other asset transfers. In the event of a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another business unit (whether by private sale, through operation of law, as part of a divestiture plan, or otherwise), we will provide any personal information and transaction history associated with each such business unit to the persons and/or entities assuming control of such business unit and our advisors or as otherwise necessary to complete the transaction as permitted by law or contract.
• With your consent. For additional purposes with your consent.

In the past twelve months we may have disclosed each category of personal information to the categories of third parties listed above.

Visitors From Outside the U.S.

If you are visiting our Sites from a location outside of the U.S., your orders placed through the Sites will be accepted and fully processed in and shipped from the U.S. All information you provide will be maintained in Web servers and/or internal systems located within the U.S. and protected as noted in this Policy.

Updating Your Personal Information

We prefer to keep your personal information accurate and up-to-date. To do this, we provide you with the opportunity to update or modify certain personal information including billing and shipping information by logging into your topoathletic.com account.

Privacy of Children On Our Website

Our Sites are general audience sites, and it is our intention that our Sites should be used only by persons over the age of 16. To ensure compliance with applicable laws, we do not knowingly collect or maintain information provided by children under the age of 16. If a parent provides us with the name and birthday of family members under the age of 16, we may collect and maintain that information as described in the “Information We Collect" and "How We Use Personal Information” sections; however, we do not sell or share it (for targeted or cross-context behavioral advertising purposes).

Links To and From Other Websites and Services

For your convenience, our website may contain links to other websites. Links that appear on topoathletic.com should not necessarily be deemed to imply that we endorse or have any affiliation with the linked websites. Topo is not responsible for the privacy practices or the content of such websites. We encourage you to review the separate privacy policies of each website you visit.

In addition, Topo may partner with certain unrelated companies, known as influencers or affiliate marketers, who will link you to our website. We will report to them aggregate purchase conversion information about the total number of purchases made by visitors who arrived from their online services. The information will not include personal information. Topoathletic.com is not responsible for the privacy practices of such third parties providing these links and we encourage you to review the privacy policy of each of these third parties.

Security Statement

We employ reasonable security measures to secure the information we receive. For example, we take the following types of security measures: use of technologies and policies such as limited access data-centers, firewall technology, and secure socket layer certificate authentication. Any credit card/debit card information will be encrypted by the use of a “token” for security purposes.

We designed topoathletic.com to accept orders only from Web browsers that accept cookies and permit communication through Secure Socket Layer (SSL) technology. SSL is encryption technology that provides security while information is being transmitted over the Internet.

While we implement the above security measures on this website, you should be aware that 100% security is not always possible.

We encourage you to take steps to help protect the confidentiality and security of your topoathletic.com account and personal information by periodically reviewing your topoathletic.com account and immediately reporting any unexpected activity or unrecognized information; installing the latest security updates and anti-virus software on your computer to help prevent malware and viruses; using complex and diverse passwords; keeping your password private; password protecting your computer and mobile device; and signing out of your topoathletic.com account before closing your internet browser.

Notice of Financial Incentives

Topo provides special offers and benefits to customers who provide us their contact information such as email address or phone number (“Programs”). This program qualifies as permissible financial incentives under applicable privacy laws.

Customers who participate in the Program receive the stated benefit (typically a promotional discount) in exchange for providing their contact information to receive marketing communications. The value of this benefit varies based on the promotion and the amount of the purchase. You may opt-out of marketing communications, and by extension the Program, by following the instructions provided in connection with those communications. For example, you may opt-out of promotional emails by following the instructions located at the bottom of each email. We do not sell personal information in connection with the Program beyond the general scenarios described above. We may use the following categories of personal information for targeted advertising purposes in connection with the Program: Identifiers, personal information as described in Cal. Civ. Code § 1798.80(e).

If you are a resident of a state that provides privacy rights and you request that we delete your personal information, you cannot participate in the Program or receive the corresponding benefits because we will no longer be able to communicate discount offers to you.

Although we do not directly tie Program benefits to the value of customers' personal information, the aggregate customer benefits are reasonably related to the value of customers' personal information based on the following considerations:

• Participants receive tangible benefits such as price discounts and free shipping
• Participants receive intangible benefits such as timely updates on new products and promotions
• We derive value from the financial incentive programs because participants typically spend more money than nonparticipants; however, we do not sell personal information for money
• We incur direct and indirect expenses in connection with administering the programs

Additional State Privacy Rights

If you are a resident of California, Colorado, Connecticut, Utah, or Virginia, you have additional privacy rights, as outlined further below. Exemptions may apply. Consumer privacy rights for residents of these states include:

Right to Know

You have the right to request twice per 12-month period that we provide you (i) the categories or specific pieces of personal information we collected about you; (ii) the categories of sources from which we collected your personal information; (iii) the business or commercial purpose for which we collected, sold, or disclosed your personal information; and (iv) the categories of third parties to whom we sold, share, or disclosed your personal information, including the categories of personal information disclosed to each and the purposes for doing so. We are not permitted to provide access to specific pieces of sensitive personal information or other information that creates a high risk of potential harm from disclosure to an unauthorized person.

Right to Delete

You have the right to request that we delete any personal information we collected about you. We may deny your request if an exemption applies such as if we need the information to complete a requested or reasonably anticipated transaction, prevent security incidents or fraud, enable internal uses that are reasonably aligned with your expectations, or comply with legal obligations.

Right to Correct

You may update your contact information and other personal information by logging into your topoathletic.com account.

If you are unable to correct certain personal information on your own, you may request that we correct information you believe to be inaccurate. When you make your request, please be sure to provide us with the specific information that you believe is inaccurate and the correct information. You should also provide us with any documentation you believe supports your proposed correction, and we will take that documentation into consideration. We will only correct the information if we determine, based on the totality of the circumstances, that your correction is more likely than not accurate. We may also choose to delete the allegedly inaccurate information instead of correcting it.

Right to Opt-Out of Sales and Sharing

Although we do not directly monetize your personal information, we may disclose it to third parties or allow third parties to collect it in situations that qualify as a sale or a sharing scenario under applicable privacy laws. For purposes of this section, “sharing” means disclosures made for targeted or cross-context behavioral advertising purposes. We do not knowingly sell or share personal information of individuals under the age of 16.

Right to Limit Use of Sensitive Personal Information

If you are a California resident, you have the right to request that we limit the use of your Sensitive Personal Information as defined under California law. We may deny your request if an exemption applies such as to provide the goods and services reasonably expected by the average consumer who requests such goods and services, to prevent fraud, and to verify or maintain the quality or safety of goods or services we provide.

Non-Discrimination Notice

We will not discriminate against individuals who are entitled to exercise any of the rights listed above for exercising those rights.

Submitting a Privacy Request

You have the right to control your information and opt-out of receiving promotional communications. To unsubscribe from our mailing list and no longer receive emails about upcoming promotions, you can easily do so by following the instructions included within those emails.

We also understand the importance of data privacy. You can request to access, correct, or delete your personal information on file. Additionally, you have the right to opt-out of having your information shared with third-party service providers we work with. It’s important to note, however, that opting out of such information sharing may impact our ability to fulfill your orders.

If you wish to exercise any of these rights, please contact our Customer Service Department at info@topoathletic.com or (888) 994-9750.

Right to Appeal

You have the right to appeal our decision to deny, in full or in part, one or more of your privacy requests. We will process appeal requests within 45 days of receipt, subject to applicable exemptions and extensions permitted by law. If we deny your appeal, we will provide you with a written explanation of the reasons for our decision. If you are not satisfied with our explanation for the denial of your appeal, you may have an additional right under certain laws to contact your state Attorney General to submit a complaint about the appeal results. In such case, we will provide you with instructions for doing so.

Questions or Concerns?

If you have questions or concerns with respect to our Policy, please feel free to contact us.

Topo Customer Service
Topo Athletic, LLC
1 Grant Street, Ste 150
Framingham, MA 01702

(888) 994-9750
info@topoathletic.com

Topo Athletic California Privacy Policy

Scroll to Topo Athletic Privacy Policy

This California Privacy Notice (the “Privacy Notice” or “Notice”) provides limited information to California residents only about how Topo Athletic LLC (“Topo”) collects, uses, and discloses personal information. For more details about our privacy practices, see our Privacy Policy.

Information We Collect

We collect information that identifies, relates to, or describes, or is capable of being associated with you (“personal information”) such as:

• Identifiers. We collect personal identifiers such as name, phone number, email address, billing address, shipping address, password, device id, and IP address. We will also create a client number when you make a purchase.
• Audio, electronic, and visual information. We collect audio, electronic, and visual information such as the messages you submit through keds.com, emails and texts you send us, messages to delivery recipients, delivery instructions, digital photos you submit through keds.com, and call recordings.
• Internet or other and network activity information. We collect information such as IP address, browsing or search history, your interactions with our emails, and data collected through cookies and similar technologies.
• Commercial information. We collect and generate commercial information such as records of merchandise and services purchased, product interests, and payment information (credit/debit card number, expiration date, and bank account information).
• Characteristics of protected classifications under California or federal law. We collect information such as age (including date of birth), gender or gender identity, race, ethnicity, and religion.
• Personal characteristics and demographic information. We collect personal characteristics such as your footwear size.
• Professional or employment-related information. We may collect information such as your job title or promotion status.
• Education information. We may collect information related to your education such as highest degree earned.
• Inferences from the information listed above. We use the information listed above to draw inferences about your preferences (such as your preferred brands and styles).
• Personal information as described in Cal. Civ. Code § 1798.80(e). We collect this information to the extent collected under another category of personal information above.

Some of the personal information listed above may be considered sensitive personal information under relevant privacy laws, including account login credentials. Each type of sensitive personal information may overlap with a category of personal information listed above.

How We Use and Disclose Information (Purposes of Collection)

We may use personal information, including sensitive personal information, for general business purposes, including:

We may also use personal information and/or sensitive personal information as described to you at the point of collection, with your consent, to fulfill our legal obligations and seek legal advice, or as otherwise required by applicable laws.

Third-Party Disclosures

Although we do not directly monetize your personal information, we may disclose it to third parties who are not our service providers in limited situations or allow third parties to collect it from our Sites. These disclosures may qualify as a sale or a sharing (for targeted or cross-context behavioral advertising purposes) under certain privacy laws. We do not knowingly sell or share personal information of individuals under the age of 16.

Relevant categories of third parties include:

• Affiliates. We may disclose personal information to affiliates for their own use. In the past year, we disclosed the following categories of personal information: Identifiers, Commercial information, and personal information as described in Cal. Civ. Code § 1798.80(e).

Right to Know

You have the right to request twice per 12-month period that we provide you (i) the categories or specific pieces of personal information we collected about you; (ii) the categories of sources from which we collected your personal information; (iii) the business or commercial purpose for which we collected, sold, or disclosed your personal information; and (iv) the categories of third parties to whom we sold, share, or disclosed your personal information, including the categories of personal information disclosed to each and the purposes for doing so. We are not permitted to provide access to specific pieces of sensitive personal information or other information that creates a high risk of potential harm from disclosure to an unauthorized person.

Right to Delete

You have the right to request that we delete any personal information we collected about you. We may deny your request if an exemption applies such as if we need the information to complete a requested or reasonably anticipated transaction, prevent security incidents or fraud, enable internal uses that are reasonably aligned with your expectations, or comply with legal obligations.

Right to Correct

You may update your contact information and other personal information by logging into your topoathletic.com account.

If you are unable to correct certain personal information on your own, you may request that we correct information you believe to be inaccurate. When you make your request, please be sure to provide us with the specific information that you believe is inaccurate and the correct information. You should also provide us with any documentation you believe supports your proposed correction, and we will take that documentation into consideration. We will only correct the information if we determine, based on the totality of the circumstances, that your correction is more likely than not accurate. We may also choose to delete the allegedly inaccurate information instead of correcting it.

Right to Opt-Out of Sales and Sharing

Although we do not directly monetize your personal information, we may disclose it to third parties or allow third parties to collect it in situations that qualify as a sale or a sharing scenario under applicable privacy laws. For purposes of this section, “sharing” means disclosures made for targeted or cross-context behavioral advertising purposes. We do not knowingly sell or share personal information of individuals under the age of 16.

Right to Limit Use of Sensitive Personal Information

If you are a California resident, you have the right to request that we limit the use of your Sensitive Personal Information as defined under California law. We may deny your request if an exemption applies such as to provide the goods and services reasonably expected by the average consumer who requests such goods and services, to prevent fraud, and to verify or maintain the quality or safety of goods or services we provide.

Submitting a Privacy Request

You have the right to control your information and opt-out of receiving promotional communications. To unsubscribe from our mailing list and no longer receive emails about upcoming promotions, you can easily do so by following the instructions included within those emails.

We also understand the importance of data privacy. You can request to access, correct, or delete your personal information on file. Additionally, you have the right to opt-out of having your information shared with third-party service providers we work with. It’s important to note, however, that opting out of such information sharing may impact our ability to fulfill your orders.

If you wish to exercise any of these rights, please contact our Customer Service Department at info@topoathletic.com or (888) 994-9750.

How Long We Retain Your Data

We retain each category of personal information for as long as we have a relationship with you. We may also retain your personal information for a period of time after our relationship ends due to ongoing business needs to retain it. This includes retention to comply with our legal, regulatory, tax, and/or accounting obligations and for other internal purposes such as marketing and analytics.