Last Updated: August 13, 2024
THIS POLICY DESCRIBES HOW NEW ERA CAP, LLC AND ITS AFFILIATED ENTITIES ("NEW ERA," "WE," "OUR," “US”) COLLECTS, USES, AND DISCLOSES PERSONAL INFORMATION ABOUT INDIVIDUALS WHO 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 (COLLECTIVELY, THE “SERVICES”). FOR THE PURPOSES OF THIS PRIVACY POLICY, “YOU” AND “YOUR” MEANS YOU AS THE USER OF THE SERVICES, WHETHER YOU ARE A CUSTOMER, WEBSITE VISITOR, MOBILE APPLICATION USER, OR ANOTHER INDIVIDUAL WHOSE INFORMATION WE HAVE COLLECTED PURSUANT TO THIS PRIVACY POLICY. 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.
Please read this Privacy Policy carefully. By using any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not use or access the Services.
You can access specific topics in this Privacy Policy by clicking on the relevant links below:
The types of personal information we collect about you depends on how you interact with us. “Personal information” refers to information that identifies, relates to, describes, or can be associated with you. The following table describes the type of personal information (and sensitive personal information, as defined by the California Consumer Privacy Act, denoted by *) that we collected and disclosed for a business purpose in the preceding 12 months, and how we use the information.
| DATA TYPE | DETAILED CATEGORY OF PERSONAL INFORMATION | HOW WE USE IT | CATEGORIES OF RECIPIENTS |
|---|---|---|---|
| Account Data | Basic identifying information such as your name, and email address, in connection with your account. We also collect information relating to the actions that you perform while logged into your account. | To provide and improve our products and Services and to create, maintain and secure your account with us. If you choose to register an account, you are responsible for keeping your account credentials safe. We recommend you do not share your access details with anyone else. If you believe your account has been compromised, please contact us immediately. |
Affiliates Service Providers |
| Mailing List | When you sign up for one of our mailing lists we may collect your email address and postal address. | To provide and improve our products and Services, including to communicate offers, promotions, and other materials to you. |
Affiliates Service Providers Third Party Applications/Websites |
| Cookies and First Party Tracking | We collect information about your interactions with our websites and mobile applications, from cookies, web beacons, clear GIF, pixels, internet tags, and other similar tracking technologies (collectively “tracking technologies”). Such information may include which links you click on, or identifying information about your device or browser (e.g., IP address). | We use tracking technologies to monitor how you interact with our websites, mobile applications, and other Services. See our “Cookies and Similar Tracking Technologies” section below for more information. |
Affiliates Service Providers Third Party Applications/Websites Social Media Platforms and Networks |
| Cookies and Third Party Tracking | We collect information about your internet activity via tracking technologies. | To provide advertising about products and Services tailored to your interests on our websites and applications, or on other websites or applications. See our “Cookies and Similar Tracking Technologies” section below for more information. |
Affiliates Service Providers Third Party Applications/Websites Social Media Platforms and Networks |
| Commercial Information | Basic identifying information such as your name, billing address, shipping address, email address, phone number, and payment information such as your credit card number (via our third party payment processor) 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 in connection with return transactions. | To provide and improve our products and Services, including processing your payments, communicating information and offers to you, and to maintain and secure your account with us. |
Affiliates Service Providers Third Party Applications/Websites Social Media Platforms and Networks |
| 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. | To provide and improve our products and Services. In some contexts our use is also based upon your consent to provide us with geolocation information. |
Affiliates Service Providers Third Party Applications/Websites Social Media Platforms and Networks |
| 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. | To provide and improve our products and Services, including to communicate with you. |
Affiliates Service Providers |
| Feedback/Support | If you provide us feedback or contact us for support we may 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. | To provide and improve our products and Services, including to communicate with you. |
Affiliates Service Providers |
| User-Generated Content (“UGC”) | Such as messages, photos, and recordings, submitted by you to our social media accounts. | This information is used in connection with the provision of Services. |
Affiliates Service Providers Third Party Applications/Websites Social Media Platforms and Networks |
| 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. | To provide and improve our products and Services, including to communicate with you. |
Affiliates Service Providers Third Party Applications/Websites Social Media Platforms and Networks. |
| 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, contact (e.g., email address, phone number, and postal address) and payment information, as well as the name, email address, and shipping address of the gift recipient. | To provide and improve our products and Services, including to communicate offers, promotions, and other materials. |
Affiliates Service Providers Third Party Applications/Websites Social Media Platforms and Networks |
| Partner Promotion | We collect information that you provide, such as your name, email address, age, and gender as part of a co-branded promotion with another company. | To provide and improve our products and Services, including to communicate with you. |
Promotional Partners Affiliates Service Providers Third Party Applications/Websites Social Media Platforms and Networks |
| 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. | To provide and improve our products and Services. | Affiliates |
| 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. | To provide and improve our products and Services. |
Affiliates Service Providers |
| 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. | To provide and improve our products and Services. | Affiliates |
| Sweepstakes or contests | When you participate in a sweepstakes or contest we collect information about you which may include your basic contact information (e.g., email address, phone number, and postal address). | To provide and improve our products, Services, and programs, including to communicate results, offers, promotions, and other materials or information to you. |
Affiliates Service Providers Third Party Applications/Websites Social Media Platforms and Networks |
| Web logs | We may collect information from you, including your browser type, operating system, IP address, domain name, click-activity, referring website, and/or a date/time stamp for visitors. | To provide and improve our products and Services. |
Affiliates Service Providers Third Party Applications/Websites |
In addition to the purposes and uses described above, we use personal information in the below ways. We only use and disclose sensitive personal information for the purposes specified in the California Consumer Privacy Act. The criteria we use to determine how long to retain your personal information is described in the “How Long Do We Keep Your Personal Information” section below.
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 an 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 interest in conducting our business.
We collect your personal information in the following ways:
Any information we receive from outside sources will be treated in accordance with this Privacy Policy. We are not responsible for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices.
We may disclose your personal information subject to this Privacy Policy, including in the following situations:
Affiliates and Acquisitions. We may disclose your information to 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 may also disclose your personal information with that company, including at the negotiation stage.
Other Disclosures with Your Consent. We may disclose other information upon your consent.
Compliance with Law or Other Legal Process. We may disclose your information in response to subpoenas, warrants, or court orders, or in connection with any regulatory inquiries or other legal process, or to cooperate or comply with law enforcement or relevant laws. We may also disclose your information in order to establish or exercise our rights, to enforce any applicable terms of service, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety and security 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.
Promotional Partners. 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 may help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfilment of orders. Service providers might also include professional advisors such as auditors, law firms, or accounting firms.
Third Party Applications/Websites. We may provide links to third-party websites or platforms. Additionally, New Era may otherwise share personal information with certain third-party 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). Additionally, if you follow links to sites or platforms that we do not control and are not affiliated with us, you should review the applicable privacy policy, policies and other terms. We are not responsible for the privacy or security of, or information found on, websites or applications that we do not own. Information you provide on public or semi-public venues, such as third-party social networking platforms, may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators.
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 (including Instagram, Facebook, Twitter, Google, YouTube, and Pinterest) in connection with our websites or mobile applications (“Social Features”), both we and the social media platform may have access to information about you and your use of both the social media platform, and also our Services. Additionally, if you use Social Features, information you post or make accessible may be publicly displayed by such third party. 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 deidentify or anonymize your information such that it cannot reasonably be used to infer information about you or otherwise be linked to you (“deidentified information”) (or we may collect information that has already been deidentified/anonymized), and we may use such deidentified information for any purpose. To the extent we possess or process any deidentified information, we will maintain and use such information in deidentified/anonymized form and not attempt to re-identify the information, except solely for the purpose of determining whether our deidentification/anonymization process satisfies legal requirements.
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.
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. New Era does currently respond to certain 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. You can opt-out of certain of these tracking technologies by following the instructions in the “Your Rights and Choices” section below. Please note, some features of our websites may not be available to you as a result.
Where available to you in accordance with applicable data protection law, you may make certain choices, including those listed below, regarding your personal information. However, we may decline such requests as permitted by 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, such as your email address; 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 under applicable law, please contact us at Privacy.Requests@neweracap.com, call us at 1-(877)-NEC-5950, or visit our Privacy Requests page.
No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts designed to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. We recommend that you do not use unsecure channels to send us sensitive or confidential 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 by law.
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 the “Contact Information” section.
We retain information about you and your relationship with us for as long as is reasonably necessary for the 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.
The following additional information relates to our privacy practices:
This section applies to you only if you are a California resident (“resident” or “residents”). For purposes of this section, references to “personal information” shall include “sensitive personal information,” as these terms are defined under the California Consumer Privacy Act (“CCPA”).
Processing of Personal Information:The specific business or commercial purposes for which we collected your personal information over the preceding 12 months, and the categories of sources from which we collected your personal information are described respectively in the above sections: “Types of Information We Collect” and “Sources of Information.” We only use and disclose sensitive personal information for the purposes specified in the CCPA. The criteria we use to determine how long to retain your personal information is described in the “How Long Do We Keep Your Personal Information” section above.
Disclosure of Personal Information:We disclosed personal information over the preceding 12 months for the business or commercial purposes listed above in the “Use and Processing of Information” section.
Selling and Sharing of Personal Information:We do not have actual knowledge that we “sell” or “share” (as those terms are defined under the CCPA and used throughout this section) personal information of residents under 16 years of age. However, we do sell and share certain categories of personal information and, in the preceding 12 months, we have sold and/or shared the below categories of personal information, including sensitive personal information (denoted by *) about residents:
| CATEGORY OF PERSONAL INFORMATION SHARED OR SOLD | DETAILED CATEGORY OF PERSONAL INFORMATION | CATEGORIES OF RECIPIENTS |
|---|---|---|
| Account Data | Basic identifying information such as your name and email address when you create an account or register for a program. We also collect information relating to the actions that you perform while logged into your account. |
Third Party Applications/Websites; Promotional Partners |
| Mailing List | When you sign up for one of our mailing lists we may collect your email address and postal address. |
Third Party Applications/Websites; Promotional Partners |
| Cookies and First Party Tracking | We collect information about your interactions with our websites and mobile applications, from cookies, web beacons, clear GIF, pixels, internet tags, and other similar tracking technologies (collectively “tracking technologies”). Such information may include which links you click on, or identifying information about your device or browser (e.g., IP address). | Third Party Applications/Websites |
| Cookies and Third Party Tracking | We collect information about your internet activity via tracking technologies. | Third Party Applications/Websites |
| Commercial Information | Basic identifying information such as your name, billing address, shipping address, email address, phone number, and payment information such as your credit card number (via our third party payment processor) 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. | Third Party Applications/Websites |
| 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. | Third Party Applications/Websites |
| 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, contact (e.g., email address, phone number, and postal address) and payment information, as well as the name, email address, and shipping address of the gift recipient. | Third Party Applications/Websites |
| Partner Promotion | We collect information that you provide, such as your name, email address, age, and gender as part of a co-branded promotion with another company. |
Third Party Applications/Websites; Promotional Partners |
| Sweepstakes or Contests | When you participate in a sweepstakes or contest we collect information about you which may include your basic contact information (e.g., email address, phone number, and postal address). |
Third Party Applications/Websites; Promotional Partners |
Your California Privacy Rights: As a California resident, you may have the below rights (explained in greater above in the “Your Rights and Choices” section) in relation to personal information that we have collected about you. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law.
In addition, California law permits residents to request certain details about how their personal information is shared with third parties for their direct marketing purposes. Residents may, under certain circumstances, obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year. If you would like such information, please submit a written request to us using the information above, at the bottom of the “Your Rights and Choices” section above. Please note that we are only required to respond to one request per resident each year.
We offer certain loyalty and rewards programs that may be considered financial incentives under the CCPA, such as New Era Rewards and exclusive offers and promotions via email. When you sign up for and participate in these programs, we may ask you to provide us with contact information and identifiers such as your name and email address, and commercial information such as your purchase history and interactions with our Services. Participation in these programs is voluntary, and no purchase is required to become a New Era Rewards member (you can join the New Era Rewards here and review the terms of the program here). While we cannot calculate the precise value of your information, our programs generally reflect the value of the relationships that we have with the individuals who participate in them. You may withdraw from our loyalty programs at any time by contacting us using the designated method set forth in the applicable rules, such as by closing your New Era Rewards account or opting out from our email, push notifications, and SMS communications.
If you have any questions, comments, or complaints concerning our privacy practices or this Privacy Policy, please contact us at the mailing address, email address, or telephone number below.
Attention: Customer Care and Legal Department
160 Delaware Ave.
Buffalo, New York 14202
Phone: +1 (877) NEC-5950
Email: Privacy.Requests@neweracap.com
If you are looking to exercise your rights under applicable law, please contact us using the methods set forth at the bottom of the “Your Rights and Choices” section above. If you are not satisfied with our response, you may have a right to lodge a complaint with your local supervisory authority.
