Wayward LLC (“Wayward,” “we,” “us,” and “our”) respects your privacy and is committed to protecting it through compliance with this Privacy Notice (“Privacy Notice”). This Privacy Notice describes the types of Information we may collect from you when you visit the website at https://www.wayward.com/ (the “Site”), and that you may provide in electronic messages to Wayward. It also describes our practices for collecting, using, maintaining, protecting, and disclosing that Information (as defined below).
Please read this Privacy Notice to understand our policies and practices regarding your Information and how we will handle it. If you do not agree with our policies and practices, do not use the Site. By accessing or using the Site, you agree to this Privacy Notice.
Wayward may change this Privacy Notice at any time, at its discretion. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the Privacy Notice periodically for updates.
2. The Types of Information that Wayward Collects About You and How Wayward Collects Information About You
Wayward may collect two types of information from you when you visit the Site: Personal Information and Non-Personal Information (collectively “Information”).
- “Personal Information” refers to data by which you may be personally identified, such as name, phone number, address (for e.g., shipping and billing) and email address.
- “Non-Personal Information” means data that is about you but does not identify you specifically. If you do nothing during your visit to our Site but browse, read pages, or view content, we will gather and store Information about your visit that does not identify you personally.
We collect Information:
- Directly from you when you provide it to us.
- Through our communications with you, such as through the chat feature.
- From second and third parties, including third-party sellers (“Product Sellers”).
- Automatically as you navigate through the Site.
- Through analytics.
Information You Provide Directly to Wayward. The Information that you provide us directly through our Site may include:
- Information that you provide when you subscribe to our mailing and phone contact list.
- Information that you provide by filling in forms on the Site or creating an account on the Site.
- Financial information, payment data (including credit card number), and other similar data that you provide when making payment for purchases.
- Information that you provide when you report a problem with our Site. We may ask you for additional Information to resolve the problem.
- Information that you provide in connection with an inquiry.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys, contests, or other marketing campaigns.
- Information that you provide when you complete a transaction through the Site.
Information Automatically Collected from You. The Information that Wayward may automatically collect and store about you when you visit the Site may include:
- Your location.
- The Internet Protocol Address and domain name used. The Internet Protocol address is a numerical identifier assigned either to your internet service provider or directly to your computer. We use the Internet Protocol address to direct internet traffic to you.
- The type of browser and operating system you used.
- The date and time you visited the Site.
- The web pages or services you accessed at the Site.
- The website you visited prior to coming to the Site.
- Cookies, which are small text files that a web server (such as Wayward’s or its chosen web hosting company’s server) places on a user's computer. When accessing a cookie, the Wayward server reads a number associated with a browser but is unable to determine any data about a user. With that number, our web server can tailor its content to the needs of the specific browser, and we can optimize the Site for your use.
Google Analytics Advertising Features and Similar Services. We may have the following Google Analytics Advertising Features Implemented: Demographics and Interest reporting, Remarketing, GDN Impression Reporting and Double Click Campaign Manager. These features collect data using Google advertising cookies and anonymous identifiers. We also use similar services from other providers. Wayward and third party vendors use these first-party cookies to access the success of online marketing campaigns, inform future campaigns and improve usability on the Site. To learn how to opt-out of the Google Analytics Advertising Features we use, please see Google Analytics’ currently available opt-outs for the web at https://tools.google.com/dlpage/gaoptout.
3. How Wayward Uses Information It Collects About You and the Purpose for the Collection and Use
We use Information that we collect about you or that you provide to us, including any Personal Information, for the following purposes:
- To fulfill and manage your orders, payments, returns, and exchanges made through the Site.
- To communicate with you regarding your orders, payments, returns and exchanges, including but not limited to sending you an automated email message confirming receipt of your orders.
- To provide you with the products or services that you request from us. For example, if you inquire regarding our products, we will use the contact information you give us to communicate with you about the products we provide.
- To provide customer support.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Site or any products or services we offer or provide through it.
- To communicate with you regarding our products and services, including for marketing purposes.
- To personalize your experience and our advertising to you.
- In any other way we may describe when you provide the Information.
- To fulfill any other purpose for which you provide it.
- For any other purpose with your consent.
- To improve our Site, products, and services and to develop new products, and services.
Site statistics are compiled into traffic reports, which help Wayward understand, anticipate, and respond to user needs. If we learn, for example, of heightened interest in certain aspects of the Wayward website, we are likely to highlight that information on the Site home page. This Information helps us create a better overall experience for Site users.
Wayward will retain your Information for as long as necessary to provide the services you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and achieve other business purposes.
4. How Wayward Protects Your Information
We have implemented measures designed to protect your Information from accidental loss and from unauthorized access, use, alteration, and disclosure. The internet is not completely secure. Although we are working to protect your Information, we cannot guarantee the security of your Information either in transmission or when stored. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
5. When Wayward Shares Your Information
We may use and disclose Non-Personal Information about our users without restriction. We may disclose Personal Information that we collect or you provide as described in this Privacy Notice:
- To our parent company, subsidiaries, and affiliates.
- To Product Sellers and other third-party suppliers in connection with our services.
- When it is reasonably necessary to achieve ours or a third party’s legitimate business interests.
- To contractors, service providers, and other third parties we use to support our business, as described further below, including third-party payment facilitators.
- To fulfill the purpose for which you provide it, including but not limited to purchasing goods and services through Product Sellers.
- To a buyer or other successor (potential or actual) in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Wayward’s assets, including any related due diligence.
- For any other purpose disclosed by us when you provide the Information.
- With your consent.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Wayward or others.
Wayward does not sell any of your Personal Information.
Wayward is one of several subsidiaries and affiliates (“Affiliates”) that are part of a corporate group. Wayward may share your Information with its Affiliates, which may use your Information as described in this Privacy Notice and the privacy notices available on their websites. This may include using your Information to send you marketing communications regarding those other Affiliates, the products and services they provide, and their websites.
6. Third Parties Providing Services on Our Behalf
We use third parties to host the Site, design, and operate the Site features, and to perform administrative, analytics, and payment processing. Services these third parties provide include providing information to Wayward about the use of the Site and viewing of our content. We may disclose your Information to these companies so they can carry out these services. These companies are bound by contractual obligations to keep Information confidential.
7. Information from Children
We do not knowingly collect, use, or disclose Information from children under 16. If we learn that we have collected the Personal Information of a child under 16—or the equivalent minimum age depending on the jurisdiction, such as 13 in the United States per the Children’s Online Privacy Protection Act—we will take steps to delete the information as soon as possible. If you are under 16, do not provide any Information about yourself to Wayward including your name, address, telephone number or email address. If you become aware that child below these ages has been provided, please contact us at the address below.
8. Links to Other Websites and Services
9. Do Not Track
Some browsers incorporate a "Do Not Track" (“DNT”) feature that, when turned on, signals to websites and online services that you do not want to be tracked. At this time, the Site does not respond to DNT signals.
10. Residents of the European Economic Area (“EEA”) and the United Kingdom (“UK”)
If you are located in the EEA or UK, you may have certain rights under European and UK law with respect to your Personal Information that are described below.
Controller of Personal Information. Wayward is the Controller of your Personal Information. Wayward’s primary place of business is 929 108th Ave NE, Suite 1410, Bellevue, WA 98004.
Processing. Wayward may process your Personal Information on one or more of the following legal bases:
- as necessary to enter into a contract with you or a legal entity you represent, to perform our contractual obligations, to provide services, to respond to requests from you, or to provide support;
- where we have a legitimate interest, as described in this Privacy Notice (see “How Wayward Uses Information It Collects About You and the Purposes for Collection and Use”);
- as necessary to comply with relevant law and legal obligations, including to respond to lawful requests and orders; or
- with your consent.
Your Rights. Subject to applicable law, you may have the right to:
- ask whether we hold Personal Information about you and request copies of such Personal Information and information about how it is processed;
- request that inaccurate Personal Information is corrected;
- request deletion of Personal Information that is no longer necessary for the purposes underlying the processing, processed based on withdrawn consent, or processed in non-compliance with applicable legal requirements;
- request us to restrict the processing of Personal Information where the processing is inappropriate;
- object to the processing of Personal Information;
- request portability of Personal Information that you have provided to us (which does not include information derived from the collected information), where the processing of such Personal Information is based on consent or a contract with you and is carried out by automated means; and
- lodge a complaint with the appropriate data protection authorities.
You can exercise your rights of access, rectification, erasure, restriction, objection, and data portability by contacting us at the address in Section 13 below.
When you consent to our processing your Personal Information for a specified purpose, you may withdraw your consent at any time, and we will stop any further processing of your data for that purpose.
The categories of Personal Information that Wayward collects are identified in Section 2, “The Types of Information That Wayward Collects about You and How Wayward Collects Information About You.” Additional information about how long Wayward will retain your Information and how it shares your Information is found in Section 3, “How Wayward Uses Information It Collects About You and the Purpose for the Collection and Use,” and Section 5, “When Wayward Shares Your Information” above.
11. Your Choices About Information
If you choose not to provide Information, you may be unable to access all or portions of the Site. If you no longer wish to receive marketing or promotional communications from us, click on the “unsubscribe link” provided in such communications or contact us at the address below.
If you opt out of receiving marketing/promotional emails, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. Please report your concerns about collection or use of Personal Information through the Site to the address below.
12. Your California Privacy Rights
California's “Shine the Light” law (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 at the physical address or email address included below.
13. How to Contact Us About this Privacy Notice
To ask questions about this Privacy Notice and our privacy practices, contact us at:
Wayward LLC Attn: Legal 929 108th Ave NE, Suite 1410 Bellevue, WA 98004
EFFECTIVE DATE: April 20, 2023