Website Privacy Policy

JC Commerce (DBA: 39 & Main, 39 & Main Shoes), a Utah LLC (“39 & Main,” “we,” “us,” or “our”), owns and operates the websites www.39andmain.com, including mobile versions (collectively, the “Site”) offering footwear, apparel, and accessories, and related goods and related services. This Privacy Policy is incorporated into the Terms of Use and explains how 39 & Main collects, uses, maintains, shares, and protects information that we collect about you and other users of the Site.

This Privacy Policy applies to information we collect through:

  • your use of the Site;
  • your interactions with us and the Site;
  • email, text, and other electronic communications with you; and
  • through other software, including any mobile application, we may offer from time to time.

This Privacy Policy does not apply to information collected by third party websites through links or advertisements accessible on or from the Site, which are subject to their own privacy policies.

By accessing or using the Site, you agree to this Privacy Policy. Please read this policy carefully to understand how we may use your information. If you do not agree with these policies and practices, you should cease all use of the Site. This Privacy Policy may change from time to time and your continued use of the Site after such changes is deemed to be acceptance, so please check this policy periodically.

Children Under The Age Of 13

The Site is not intended for children under 13 years of age. No one under the age of 13 should provide any personal information to us or the Site. We do not knowingly collect personal information from children under 13. If you are under 13, (i) you should not provide any personal information to us, including your name, address, telephone number, email address, or any screen name or username and (ii) you should not create an account. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at conatct@39andmain.com.

Information We Collect About You And How We Collect It

We collect a variety of information about you and other Site users, including information by which you may be personally identified, such as your name; address; e-mail address; telephone number; birthdate; payment information; and other information defined as personal or personally identifiable information under applicable laws (collectively, “personal information”).

We may also collect information about how you access our Site and your activities on the Site.

We may collect information:

  • directly from you when you provide it to us;
  • automatically as you navigate the Site, including through cookies and other technologies; and
  • from third parties that we have relationships with, such as product suppliers.

Information You Provide to Us. You may provide us information that we collect, including:

  • personal information that you provide to us by filling out a form, creating or logging into an account, purchasing any products or services, submitting any content, or contacting us or requesting information using forms on our Site or other electronic communications;
  • records and copies of your correspondence with us;
  • your responses to sweepstakes, contests or surveys on our Site, including for marketing purposes;
  • personal information that you provide to us in ordering products or services such as your shipping, billing and payment information;
  • personal information from your reviews, posts or comments; and
  • your search queries on the Site.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including page views, time on site, location, engagement, conversions, age, gender, and interests

  • Site visit details such as traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.

  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is statistical data and may not include personal information, but we may maintain it or associate it with personal information we collect in other ways.

The technologies we may use for automatic data collection as you navigate the Site may include the following technologies or other technologies that are developed in the future:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain content or features of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to any of our Site.
  • Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to count users who have visited those pages or and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Credit And Payment Card Information

We use third party payment processors to process payments made for purchases through the Site. These processors have represented to us that all online payments will be conducted in accordance with Payment Card Industry (PCI) data security standards and your billing information will be encrypted before being communicated to them. We do not store or maintain your payment information on our servers but it is stored and maintained by our ecommerce provider.

How We Use Your Information

We use information that we collect, including personal information, for the following purposes:

  • to maintain and improve our Site;
  • to administer our Site and for internal operations, including troubleshooting, data analysis, research, testing, statistical, and survey purposes;
  • to operate our business and provide you with information, services, and products you request;
  • to administer and provide you with notices about your account;
  • to carry out our obligations and enforce our rights arising from any contracts between you and us, including for billing and collection;
  • to notify you about changes to our Site, our products, our Terms of Use, this Privacy Policy and any other applicable policy;
  • to provide you, or permit selected third parties to provide you, with information about products and services that may interest you (where you have consented to receiving such communications);
  • to allow you to participate in any interactive features on our Site that we may offer from time to time; and
  • for any other purpose communicated to you at the time you provide the information.

Disclosure And Use Of Your Information

We may disclose aggregated information about you and other users without restriction.

We may disclose personal information that we collect or you provide as described in this Privacy Policy:

  • to our subsidiaries and affiliates, if any;
  • to contractors, service providers, and other third parties we use to support and carry out certain business functions, such as order fulfillment, manufacturing, shipping, payment processing, e-mail delivery, or marketing;
  • to a buyer of our company or other successor in the event of 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;
  • to fulfill the purpose for which you provide it; and
  • for any other purpose in accordance with this Privacy Policy.

We may also disclose your personal information:

  • to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • to cooperate with an investigation of activities claimed to be unlawful;
  • to enforce or apply our Terms of Use and other agreements and policies, including for billing and collection purposes; and
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of 39 & Main, our customers, or others.

Choices About How We Use And Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. As noted above, you can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Disclosure of Your Information for Third-Party AdvertisingWe do not provide your information to any third-party provider of products or services other than as necessary to fulfill orders you place with us
  • Promotional Offers or Targeted Advertising from the Company. If you do not wish to have your email address used by us to promote our own or third parties' products or services, you can opt-out by checking the relevant box through which we collect your data or by adjusting your user preferences in your account profile. If we have sent you a promotional email, you may unsubscribe or send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to us as a result of a product purchase, warranty registration, product service experience or other transactions.

Accessing And Correcting Your Information

If you create an account, you can review and change your personal information by logging into your account and visiting your account profile page.

You may also send us an email at contact@39andmain.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete any contributions, such as reviews, form the Site, copies of your contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users of our Site.

Third-Party Use Of Cookies And Other Tracking Technologies.

Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

If you click on any third-party advertisement, you will leave our Site and will be subject to the privacy policies of those advertisers.

Special Note For Users From Outside The United States

The information that we collect from the Site is transferred to and processed in the United States for the purposes described in this Privacy Policy. We also may subcontract the processing of your data to, or otherwise share your data with, affiliates or third parties in the United States or countries other than your country of residence. The data-protection laws in these countries may be different from, and less stringent than, those in your country of residence. By using the Site, you expressly consent to the transfer, processing and storage of your personal information in countries outside of your country of residence.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us using the notice information on our Site.

Mobile

39 & Main uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Data Security

We maintain physical, electronic, and procedural safeguards reasonably necessary to ensure the protection of your personal information against loss, misuse, disclosure and alteration. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Changes To Our Privacy Policy

We may post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users' personal information, we may notify you by email. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Email us: contact@39andmain.com

Or call: (435) 705-5165

Last updated September 14, 2022