Privacy policy

Soma (defined below) respects privacy and the security of your personal information is important to us. We protect your personal information by maintaining physical, organizational and technological safeguards appropriate to the sensitivity of your personal information. Except as stated herein, personal information may only be accessed by persons within our organization and other authorized third parties who require such access to provide you with the services indicated below.

This Privacy Policy describes how Soma, Inc. and its affiliates (“we,” “us,” or “Soma”), process personal information that we collect through the Soma Platform

1. DEFINITIONS

Undefined terms in this Privacy Policy have the same definition as in our Terms of Service (“Terms”).

2. PERSONAL INFORMATION WE COLLECT

2.1 Information needed to use the Soma Platform.

We collect personal information about you when you use the Soma Platform or when you provide it to us through other means (such as when you contact us, place an order or purchase Products on the Soma Platform). Without this information, we would be unable to provide you with all the services provided by the Soma Platform. This information includes:

• Contact Information and Checkout Information. Such as your first name, last name, phone number, billing address, shipping address (if different than the home address) and email address, some of which will depend on the services you use.
• Identity Verification and Payment Information. Such as any background checks relevant to your use of the Soma Platform, and bank account or payment account information. 

2.2 Information voluntarily provided to us. 

You may choose to provide us with additional personal information. This information may include:

• Additional Customer Information. Such as preferred language(s) or any other field that is not a required field during your Soma checkout process, in the process of initiating a return, exchange or refunds, or when contacting Soma for any other reasons (please see our Term for additional information). Please be advised that this information will not be publicly visible.
• Other Information. Such as when you fill in a form, respond to surveys, participate in promotions, communicate with us, or share your experience with us.

2.3 Automatically Collected Personal Information

When you use the Soma Platform and Payment Services, we automatically collect personal information that is sent to us by your web browser. We use this information to better understand how Customers use the Soma Platform, and to improve the Soma Platform to better meet your needs. The amount of information sent to us by your web browser depends on the browser and the settings you use. Please refer to the instructions provided by your browser if you want to learn more about what information it sends to websites you visit, or how you may change or restrict this. This information may include:      

• Geo-location Information. Such as precise or approximate location determined from your IP address or mobile device’s GPS depending on your device settings.
• Usage Information. Such as the pages or content you view, searches for Products, and other actions on the Soma Platform.
• Log Data and Device Information. Such as details about how you’ve used the Soma Platform (including if you clicked on links to third party applications or vendors), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Soma Platform. We may collect this information even if you haven’t created a Soma account or logged in.
• Cookies and Similar Technologies. Such as text files with small pieces of data – like checkout details – that are used to identify your computer as you access the Soma Platform or make orders.
• Payment Transaction Information. Such as payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, email address, your address and other related transaction details. 

2.4 Personal Information Collected From Third Parties.

We collect personal information from other sources, such as:

• Third-Party Services. If you link, connect, or login to the Soma Platform with a third-party service (such as Google or Facebook), you direct the service to send us information such as your registration, friends list, and profile information as controlled by that service or as authorized by you via your privacy settings at that service.
• Background Information. To the extent permitted by applicable laws and with your consent where required, we may obtain the local version of background or registered business registration checks. We may use your information, including your full name and date of birth, to obtain such reports for purposes related to fraud prevention.
• Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as references, demographic data or information to help detect fraud and safety issues from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results or fraud warnings from identity verification service providers for use in our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Soma Platform, or about your experiences and interactions from our partners. We may receive health information, including but not limited to health information related to contagious diseases.
  
  

3. HOW WE USE INFORMATION WE COLLECT

3.1 Provide, Improve, and Develop the Soma Platform. We use personal information to:

• enable you to access the Soma Platform,
• supply you with requested Services,
• enable you to communicate with us,
• perform analytics, debug and conduct research,
• provide customer service and respond to your inquiries,
• send you messages, updates, security alerts, and account notifications,
• for fraud detection and prevention,
• personalize and customize your experience based on your interactions with the Soma Platform, your search and Product purchase history, your profile information and preferences, and other content you submit, and
• to carry out any other purposes that are disclosed to you and to which you consent.

3.2 Create and Maintain a Trusted and Safer Environment. We use personal information to:

• detect and prevent fraud, spam, abuse, security and safety incidents, and other harmful activity,
• conduct security investigations and risk assessments,
• verify or authenticate information provided by you,
• conduct checks against databases and other information sources, including background or business registration checks,
• comply with our legal obligations, protect the health and well-being of our Customers and members of the public,
• enforce our agreements with third parties,
• comply with law, respond to legal requests, prevent harm and protect our rights (see section 4.3),
• enforce our Terms and other policies, and
• in connection with the activities above, we may conduct profiling based on your interactions with the Soma Platform, your personal information and other content you submit to Soma, and information obtained from third parties.

3.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing. We may use personal information to:

• send you promotional messages, marketing, advertising, and other information based on your preferences and through various mediums (email, phone, direct mail and text messaging) and social media advertising through social media platforms,
• personalize, measure, and improve our advertising,
• administer promotional programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Soma or its third-party partners,
• send text notifications to any phone number submitted to Us for messages related to your shopping cart or Accepted Orders, and other text marketing messages, provided that text marketing messages will not exceed 10 messages per month,
• analyze characteristics and preferences to send you promotional messages, marketing, advertising and other information that we think might be of interest to you, and
• invite you to events and relevant opportunities.

3.4 Provide Payment services. Personal information is used to enable or authorize third parties to use Payment Services:

• Detect and prevent money laundering, fraud, abuse, security incidents.
• Conduct security investigations and risk assessments.
• Comply with legal obligations.
• Enforce our Terms and other payment policies.
• With your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences.
• Provide and improve the Payment Services.

3.5 Information Submitted to Us. You acknowledge that consent is not a condition for any purchase. If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

4. SHARING, DISCLOSURE & RETENTION

4.1 Sharing With Third Parties.

We may share your information with third parties, such as when authorizing a third-party application or website to access your Soma Account or participating in promotional activities by Soma partners or third parties.

Where permissible with applicable law, we may use certain information about you, such as your email address, de-identify it, and share it with social media platforms, to generate leads, drive traffic to Soma or otherwise promote our products and services.

4.2 Sharing Between Third-Parties.

To help facilitate the purchase and order of Products, we may need to share certain information such as:

• When an order is placed, certain information may be shared between us and our suppliers and distributors, including first name, last name, shipping address, phone number, email address and other information required to fulfil your order.
• When an order has been shipped, additional information is shared to assist with coordinating the deliver of your Products, such as your first name, last name, shipping address, phone number, Products ordered and other related information.
• When an Order Modification Request is made, certain additional information may be shared with the manufacturer to confirm whether or not a manufacturing defect was applicable to the Improper Order, such as pictures and videos that you have shared which show the defect.

4.3 Complying with Law.

We may disclose your information to courts, law enforcement, governmental or public authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or where disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with a valid legal request or to respond to claims asserted against Soma, (iii) to respond to a valid legal request relating to a criminal investigation to address alleged or suspected illegal activity, or to respond to or address any other activity that may expose us, you, or any other of our Customers to legal or regulatory liability, (iv) to enforce and administer our agreements with Customers, or (v) to protect the rights, property or personal safety of Soma, its employees, its Customers, or members of the public. For example, if permitted due to the forgoing circumstances, Customer tax information (if applicable) may be shared with tax authorities or other governmental agencies.

Where appropriate, we may notify Customers about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon or harm to Soma, our Customers, or expose Soma to a claim of obstruction of justice.

Some or all of the personal information we collect may be stored or processed in jurisdiction outside of Canada. As a result, this information may be subject to access requests from courts, law enforcement, governmental or public authorities, tax authorities or authorized third parties in those jurisdictions according to laws in those jurisdictions.

4.4 Retention of Personal Information.

We retain personal information that we collect only as long as necessary for the purposes for which it was collected or to meet legal requirements (see Article 6). We destroy personal information when it is no longer needed.

4.5 Soma Service Providers.

We may share personal information with affiliated and unaffiliated service providers to help us run our business, including service providers that help us: (i) verify your identity or authenticate your identification or verification of your Business Entity, (ii) check information against public databases, (iii) conduct background checks, business registration checks, fraud prevention, and risk assessment, (iv) perform platform development, maintenance and debugging, (v) allow the provision of the Soma Services through third-party platforms and software tools (e.g. through the integration with our APIs), (vi) provide customer service, advertising, or payments services, or (vii) process, handle or assess claims against Soma. These providers have access to your personal information to perform these tasks.

4.6 Business Transfers.

If Soma undertakes or is involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may sell, transfer or share some or all of our assets, including your information in connection with such transaction or in contemplation of such transaction (i.e., due diligence). In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.

5. OTHER IMPORTANT INFORMATION

5.1 Analyzing your Communications.

We may review, scan, or analyze your communications on the Soma Platform for reasons outlined in Article 3 of this policy, including fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, advertising, analytics, enforcing our Terms and customer support purposes. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand Product offerings. We use automated methods where reasonably possible. Occasionally we may need to manually review communications and transactions, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools.

5.2 Third-Party Partners & Integrations.

Parts of Soma may integrate with or link to third-party services, not owned or controlled by Soma, such as Apple Pay, Shop Pay and Google Pay for payment processing, social media integrations to facilitate identification and expedite the checkout process, and Shopify integrations for Site management. Use of these services is subject to the terms of service and privacy policies of those providers. Soma does not own or control these third parties and when you interact with them you are providing your information to them.

6. YOUR RIGHTS

You can exercise any of the rights described in this section consistent with applicable law. Please note that we may ask you to verify your identity and request before taking further action on your request.

6.1 Data Access and Corrections.

You can update some of your personal information by contacting us. You are responsible for keeping your personal information up to date. You can request a correction to your personal information if you believe it is inaccurate. If you submitted personal information and would like to have access to it, or if you would like to have it corrected, please contact us using the contact information provided below.

6.2 Data Erasure.

In certain jurisdictions, you can request that your personal information be deleted. Please note that if you request the erasure of your personal information:

• We may retain your personal information as necessary for our legitimate business interests, such as prevention of money laundering, fraud detection and prevention, and enhancing safety. For example, if we suspend you for fraud or safety reasons, we may retain information about you to prevent you from making additional orders or using the Soma Platform or any parts thereof.
• We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Soma may keep information for tax, legal reporting and auditing obligations.
• Some copies of your information (such as purchase and order records) may remain in our database.
• Because we take measures to protect data from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

6.3 Opting-Out of Marketing Communications.

You can only opt-out or unsubscribe from receiving marketing messages and notifications in the following ways:

• If opting-out or unsubscribing from any text marketing messages or other notifications, by sending a text message with the words “STOP” to any telephone number that has sent you a text marketing message or other notification on behalf of Us, or
• If opting-out or unsubscribing from any other type of marketing message or communication, by visiting the unsubscribe link that is attached to any marketing message or communication that is sent to you.

You hereby acknowledge and agree that any other attempts to opt-out or unsubscribe from any Soma’s marketing messages, notifications or communications may not function to successfully opt-out or unsubscribe from such messages, notifications or communications. For additional information related to any text marketing messages or notifications, you can text HELP to the number that you received the message or notification from or you may contact us for more information at hello@somathebrand.com. Standard message and data rates may apply to all text marketing messages and notifications.

7. SECURITY

While no organization can guarantee perfect security, we are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration.

8. CHANGES TO THIS PRIVACY POLICY

Soma reserves the right to modify this Privacy Policy at any time in accordance with this provision. If we make changes to this Privacy Policy, we will post the revised Privacy Policy on the Soma Platform. Changes to this Privacy Policy shall be effective upon posting, and you understand and agree that if you use the Soma Platform after the date on which the Privacy Policy has changed, Soma will treat your access to or use of the Soma Platform as acceptance of the revised Privacy Policy. If you disagree with the revised Privacy Policy, you may cancel your Soma Account. If you do not cancel your Soma Account, your continued access to or use of the Soma Platform will constitute acceptance of and be subject to the revised Privacy Policy.

9. CONTACT INFORMATION AND RESPONSIBLE SOMA ENTITIES

If you have any questions regarding this Privacy Policy or Soma’s handling of your personal information, please contact our Privacy Officer at 2130 King Road, King City, Ontario L7B 1L5.