PRIVACY POLICY AND TERMS OF USE

€œAll references to our Web Site in this Policy means offthewallclothing.com

Last updated: 12 Feb, 2009

Your Acceptance Of These Terms

By using OFF THE WALL’s Web Site, you signify your acceptance of this OFF THE WALL Online Privacy Policy. If you do not agree to this policy, please do not use our Web Site. Visitors are encouraged to review this policy from time to time. Your continued use of the OFF THE WALL Web Site following the posting of changes to these terms will indicate you accept those changes.

Our Privacy Commitment

OFF THE WALL knows how important it is to protect your personal information. Whether you are visiting us online or shopping with us in person we want to make every visit an enjoyable, safe and secure experience. In keeping with that commitment, we have developed this Privacy Policy to demonstrate our guiding principles in the collection and use of personal information by OFF THE WALL.

Information OFF THE WALL Collects and How Is It Used

At OFF THE WALL, we collect two types of information: personal information and non-personal information.

With your consent we may collect your personal information through a number of different ways, for example:

• When you have entered one of our contest promotions;
• When you have signed up in our subscribers section.

We may collect and summarize customer information in a format that no longer identifies the individual for statistical purposes.

Personal information typically includes your name, address, phone number, and e-mail address. You can always choose to not provide us with any of your personal information. However, if you make this choice we may not be able to provide you with the product, service, or information that you requested.

Non-personal information does not identify you as an individual. For example, we may ask you for your postal code to assist us with planning our flyer distribution.

Your Implied Consent

In some cases, your consent is implied if we ask you to provide personal information with a stated purpose. For example, we can only reply to you in the event of a customer service issue if you provide us with your address and phone number.

Your Express Consent

By subscribing you give your consent and are automatically €œopted-in to receive promotional content from OFF THE WALL.

Withdrawing Your Consent

If you have “opted in” as a subscriber of OFF THE WALL, we will always provide you with the opportunity to “opt out” or unsubscribe. For example, each e-mail we send you will tell you how to decline further e-mail.

Information OFF THE WALL Collects From You

Listed here are some examples of the ways that we collect information about you and how we use it.

In-Store PurchasesWhen you purchase a OFF THE WALL product or service, you may need to provide us with contact and payment information (such as credit card information) so that we can process your request. In some instances we may require a photo ID. This information is not retained by OFF THE WALL. We do not require your information for Debit card transactions.

Participation In A Contest, Promotion, Or SurveyFrom time to time we may run contests, promotions or surveys. If you participate, you may be asked for contact information as well as additional optional survey information. Information from contest entries will be used to contact you if you win. We may also summarize survey information in a manner that no longer identifies the contest entrants for analysis, but will not share personal information from entries. All contests are subject to rules that will be available with each particular contest.

Information OFF THE WALL Collects Automatically

Like many other Web sites, we automatically collect certain non-personal information regarding Web site users that does not identify you. Examples include the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access the Web Site, the Internet address of the Web site from which you linked directly to the Web Site, the operating system you are using, the sections of the Web Site you visit, the Web Site pages read and images viewed, and the content you download from the Web Site.

What Is An IP Address?Every computer that communicates over the Internet is assigned an IP address that uniquely identifies the device and distinguishes it from other computers on the Internet. It is a form of address just like your street address.

For example, the IP address 168.213.225.205

This non-personal information is used for Web Site and system administration purposes and to improve the Web Site.

What “Cookies” Are and How They Are Used“Cookies” are simple text files that web browsers place on computer hard drives when a Web Site is visited. The cookie, by itself, doesn’t tell us your email address or who you are. When you participate in our activities, we do not store any personal information within cookies.OFF THE WALL uses cookies to help us measure the number of visits, average time spent, page views, and other statistics relating to use of our Web Site.

Please note certain features on our Web Site may not function if you do not accept cookies.

Tracking Information

We may use non-personal information to compile tracking information reports regarding Web Site user demographics, Web Site traffic patterns, and then provide those reports to advertisers and others. None of the tracking information in the reports can be connected to the identities or other personal information of individual users. We may also link tracking information with personal information voluntarily provided by Web Site users. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy.

Links To Other Web Sites

Our Web Site may contain links to other Web sites or Internet resources. When you click on one of those links you are contacting another Web site or Internet resource. OFF THE WALL has no responsibility or liability for or control over other Web sites or Internet resources or their collection, use and disclosure of your personal information.

We encourage you to read the privacy policies of other web sites to learn how they collect and use information about you.

Does OFF THE WALL Disclose The Information It Collects?

In some instances, we use outside parties to administer contests, promotions and other online activities on our behalf. This may involve the collection of personal information. In such cases, we ensure that the way in which any outside party collects and retains personal information conforms to our privacy policy and that they conform to the new Privacy Act.

We may share your information with third parties acting on our behalf or as permitted or required by law. Such instances include emergency situations, or where required by governmental or other legal order.

Other than as indicated above, we will not sell, rent, share or otherwise make available your personal information to any outside parties without your consent. In such a case, we will tell you for what purpose such information will be disclosed and we will ask for your consent to “opt-in”. If you want to share your personal information, you will have to respond affirmatively. If you do not respond, by default, we will assume that you do not want to be involved and your information will not be sold, rented, shared with or otherwise made available to outside parties.

Legal Disclosure

OFF THE WALL may disclose your information as permitted or required by law; for example:

• to a government institution or other person or entity that has asserted its lawful authority to obtain the information;
• to comply with a subpoena or warrant or an order made by a court, person or entity with jurisdiction to compel the production of information;
• to comply with court rules regarding the production of records and information; and
• to our legal counsel.

How Does OFF THE WALL Protect My Information?

The security of your personal information is a high priority for OFF THE WALL. We maintain appropriate safeguards and current security standards to protect your personal information, whether recorded on paper or captured electronically, against unauthorized access, disclosure, or misuse.

Although we cannot take responsibility for any misuse due to theft, unauthorized disclosure, loss, alteration or destruction of data by a third party illegally, we take reasonable precautions to prevent such unfortunate occurrences.

How To Unsubscribe / Remove Your Information

At any time, you may remove your personal information from our database by emailing us at news@offthewallclothing.com with “remove me” in the subject line.

How To Update or Access Your Information

For OFF THE WALL Web Sites that have a password system, you may access, or update your personal information by logging into the mailing list section, at www.offthewallclothing.com

How OFF THE WALL Protects the Privacy of Children

We encourage and support the efforts of parents and legal guardians of children to monitor their children’s internet usage and to caution them against providing personal information to any Web Site without their permission.

When Is My Information Removed?

We keep your information only as long as we need it for the products and services you’re using and for a reasonable time thereafter or to meet any legal requirements. We have retention standards that meet these requirements. We securely destroy your information when it is no longer needed, or we remove your personally identifiable information.

You can also request that we remove your information from our records as indicated previously in our Policy. Subject to our requirements for continued retention of your information, for example, for billing, audit, or warranty purposes, we will make every reasonable effort to honour your request.

Privacy Officer

You can ask to review any of the information that we have retained, how we have used it and to whom we have disclosed it at any time by contacting us at privacyofficer@offthewallclothing.com. Subject to certain exceptions prescribed by law, and provided we can authenticate your identity, you will be given reasonable access to your personal information, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate in certain circumstances. We may be required to charge a minimum fee for this service.

You can also ask us to change your preferences regarding how we use or disclose your information, or let us know that you do not wish to receive any further communication from us.

How Can I Contact OFF THE WALL Regarding My Information?

We will respond to your request or investigate your concern as quickly as we can.

OFF THE WALL is responsible for all personal information under its control. Our Privacy Officer is accountable for OFF THE WALL’s compliance with the principles described here. If you have any questions, concerns or complaints about the privacy policies stated here, you can:

Send us an email at: privacyofficer@offthewallclothing.com

Call us at: (905)336-5454 ext.221

Write us at: Off The Wall

Attention: Privacy Officer

1100 Burloak Drive, Suite #200

Burlington, ON L7L 6B2

For more information on The Personal Information Protection and Electronic Documents Act (PIPED) write to: :

Office of the Privacy Commissioner of Canada

112 Kent Street

Ottawa, Ontario K1A 1H3

Will This Privacy Policy Change?

To accommodate changes in our service, technology and legal developments, this Policy may change over time. We may add, change, or remove portions of this Policy when we feel it is appropriate to do so. Whenever we update this Policy we will change the date on the Policy to indicate when the changes were made.

Legal Notice

OFF THE WALL stands behind its website information and policies as they were written at the time, however, as in all electronic media it is possible for mistakes to be made. Also, information is constantly subject to new or changing information such as government regulation and industry standards, so we ask that you verify with us before using the information. We have made every effort to present and maintain the information provided on this Web Site. We do not warrant that it is complete or accurate unless verified by us. The information and materials contained herein should not be considered legal advice.