Privacy Policy

Updated: Effective as of February 03, 2025

Welcome to the website of TOMS.com, LLC (together with any of its subsidiaries or corporate affiliates, "TOMS," "we," "us" or "our")! At TOMS®, our goal is to protect the privacy and security of your personal information.

To achieve that goal, this Privacy Policy describes the types of information we may collect from you, how this information may be used, disclosed and safeguarded, and how you can control its use.

This Privacy Policy governs your experience on this website (and any associated webpages, including use of any of our services through a mobile device, mobile application or otherwise) (the "Website") unless otherwise indicated.

In conjunction with this Privacy Policy, you should also review our Terms of Use & Terms of Sale for a more complete understanding of the rules governing our Website, products and services.

PLEASE NOTE: IF ANY PROVISIONS OF THIS POLICY ARE INCONSISTENT WITH, OR CONFLICT WITH, THE PROVISIONS UNDER THE CAPTION "INFORMATION ABOUT CALIFORNIA PRIVACY RIGHTS AND THE CALIFORNIA CONSUMER PRIVACY ACT OF 2018, AS AMENDED BY THE CALIFORNIA PRIVACY RIGHTS ACT" BELOW, THE PROVISIONS UNDER SUCH CAPTION SHALL GOVERN. ANY TERMS USED UNDER SUCH CAPTION, HAVE THE SAME MEANING AS DEFINED IN CAL. CIV. CODE SECTION 1798.140.

Information Collection

Information we collect from or about you may vary depending on how you use the Website, and information you may choose to provide to us and to other sources.

Information You Provide to Us:

TOMS® collects information from you when you choose to provide it to us. This includes, but is not limited to, individually identifiable information, such as your full name, a username and password, email address, phone number, physical address, credit card information and other billing information.

Examples of ways in which we may collect such information from you include the following:

• Registration and Ordering: Before using certain parts of this Website or ordering products or services, you must complete a registration form and/or create an account. This will require you to provide certain personal and billing information.
• If you create an account using your login from a third- party service, like Facebook or Twitter, we will access and collect the information that your privacy settings on that third- party service permits us to access so that we can create your account for you. Additionally, if you choose to connect your contacts and address book information with your account, we will also collect the contact information of your friends so that you can connect with your friends when you use our Website.
• Marketing Emails: We may send marketing and or promotional emails to the email address you provide to us. You may unsubscribe at any time from receiving these marketing messages by clicking on the "Unsubscribe" link contained in any promotional email or contact us at customerservice@toms.com (and put "Unsubscribe" or "Opt Out" in the subject line). (Please note that despite unsubscribing from such marketing communications, we may still contact you in relation to your order(s) or any issues relating any business you conduct with us.)
• Live Support: If you choose to contact us via Live Chat on the Website, we collect your name and e-mail address and any other information you choose to provide to us to help better serve you. Please note that we store all chat information and transcripts for a period of time, as determined by TOMS®. These transcripts are only accessed by TOMS® for training and customer service purposes.
• Written Reviews: TOMS® will require a valid registered e-mail address and a review name when it comes to completing the review form on the Website in relation to a specific TOMS® product. Following the moderation process, your review, alongside your review name and date, may be posted on the Website.

You can choose not to provide us with Personal Information, but then you may not be able to fully take advantage of certain features of our Website and we may not be able to provide you with certain products and/or services.

Information We Automatically Collect:

We may use cookies, web beacons, pixel tags or other technologies to automatically collect certain information when you use our Website or interact with our emails on or from our Website or other websites. This information may include your IP address, browser type, geolocation data, unique user ID, cell phone model, operating system and carrier, and Internet Service Provider. We also may collect information about your use of our services, such as the number of times you return or visit the Website, whether you click-through, open, or forward links, emails, and ads, the URLs and webpages you've visited, sections of or content on pages of the Website on which you click or in which you are interested, the number of times you visit each webpage, what downloads and/or search queries you have made, how long you spent on particular sections of the Website and on the Website generally, and other Website usage data. These technologies (including cookies on the Website) allow us to keep track of your order as you shop on our Website, recognize registered users when they visit, and provide registered customers with information and advertising that is more relevant to them. If you register with or order from us, we may use cookies or other technology to monitor and maintain information about how you use our Website and what you buy. If you do not register with or order from us, we may monitor and maintain information about your use of the Website in order to improve your shopping experience and provide you with more relevant products, content and advertising.

TOMS may collect your email address or other identifiers via cookies and pixels on the Website through the use of trusted third-party partners. These partners may combine your identifiers with other information they have access to such as mailing address so that TOMS may serve relevant marketing offers to you via direct mail. If you do not want TOMS to collect information, opt out of non-necessary cookies via the Cookie Settings option. If you do not want to receive marketing communications from TOMS, please contact TOMS to opt out.

Cookies & Other Online Trackers: The Website automatically use cookies to track your use of the Website in order to facilitate and enhance the user experience on the Website and for other purposes as described below. Cookies are small pieces of information that are stored on your device's hard drive by your web browser. We use cookies to learn and track how you access and use the Website, including when and how users visit the Website and how popular particular Website pages are and aren't. We also use cookies to recognize Website users, to help display information on the Website, and to improve your enjoyment and the usefulness of the Website, for example, by remembering and displaying certain information. The Website may use both cookies that we implement and cookies implemented by our suppliers and other third parties. "First-party" cookies allow your browser to talk to the actual website that you are visiting, whereas "third-party" cookies allow your browser to talk to third-party websites, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. Our suppliers may use cookies and tracking technologies to track Website users across the Internet to understand how you get to the Website and for the analytics purposes disclosed in this Privacy Policy. We do not have access or control over these cookies and this Privacy Policy does not cover the use of third-party cookies. Click here for information on the cookies used by Meta. Click here and here for information on the cookies used by Google.

A cookie can either be a "session" cookie or a "persistent" cookie. Session cookies exist only for so long as you are visiting the applicable website. Session cookies are typically deleted or removed when you exit or quit your browser application. Persistent cookies exist for a set period of time, for example, six (6) months or one (1) year. Each time you visit a website that has implemented a persistent cookie, that cookie will remain active until its predetermined expiration date. You can also manually delete persistent cookies as discussed above.

The types of information collected by a cookie and the purposes for which that information is used depends on the type of cookie. By way of illustration, the types of cookies used, the types of information collected by those cookies, and the purposes for which that information are used are described below. We may combine information collected by cookies with other collected information.

• Operationally necessary cookies (also called essential cookies). These are cookies that are required for the operation of the Website. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Website to make use of its functions. Without these cookies, features and services you have requested will not be able to be provided.
• Functional cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Website. This may include to remembering choices you make, for example, remembering your preferences or settings, remembering if you reacted to something on or through the Website so that you are not asked to react to it again, remembering if you have used any feature of the Website before, and enabling social media components. If functional cookies are disabled, various functions of the Website may be unavailable to you or may not work the way you want them to.
• Performance cookies (also called analytical cookies). These cookies assess the performance of the Website, including as part of our analytic practices to help us understand how visitors use and interact with the Website, for example, which pages on our websites users visit most often. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way our websites work and provide a better, personalized user experience.
• Advertising or targeted cookies. These cookies record your visits to the Website, the pages you visit on our websites, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a particular website. TOMS and its third-party advertising platforms or networks may use this information to make the Website and its content more relevant to your interests (this is sometimes called "behavioral" or "targeted" advertising and is further discussed above). These cookies are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. To find out more about interest-based ads and your choices, please visit the Digital Advertising Alliance, the Network Advertising Initiative, the Interactive Advertising Bureau (IAB) Europe, http://www.allaboutcookies.org, and http://www.youronlinechoices.com.

For more information about cookies, including about advertising cookies and your choices regarding cookies, we suggest you visit the following websites: https://www.consumer.ftc.gov/articles/0042-online-tracking; http://www.allaboutcookies.org; and http://www.youronlinechoices.eu. Most browsers automatically accept cookies. Browsers generally also allow users to manage cookies in the browser's settings. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete previously stored cookies. Some browsers also give you the option of being notified every time a cookie is sent to your browser by a website. You can disable or limit cookies but doing so may impact your use and enjoyment of the Website and other websites. For example, the Website may not be able to be personalized for you, may no longer capture or remember your preferences or other choices you have made on the Website in the past, and may not remember your name or contact information or other information you have entered using the Website, and our website may not recognize the device(s) you use to access the Website. Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new device, install a new browser, upgrade an existing browser, or alter or delete a browser's cookie file.

The Website may also use the following types of tracking technologies: web beacons (also called clear GIFs), flash cookies, and pixels (also called pixel tags). Web beacons are tiny graphics with unique identifiers that function similar to how cookies function but, in contrast to cookies, web beacons are embedded invisibly on websites. Flash cookies collect and store information about your use of a website and are commonly used for advertisements and videos. Cookie management tools provided by your browser will not remove and cannot be used to manage Flash cookies. Click here for information on how to manage Flash cookies. Pixel tags can be placed on websites or within emails to track your interactions with those websites and when emails are opened.

Analytics: The Website use third-party analytics tools (e.g., Google Analytics) to collect and process data about your use of the Website, including when you visit the Website, URLs of the websites that you visit prior to visiting the Website and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this data, and your web browser will automatically send data collected by those cookies to our analytics providers. Our analytics providers use this data to provide us with reports that we will use to improve the Website's structure and content. For more information on how Google uses this data, visit Google's Privacy Notice and Google's page on How Google uses data when you use our partners' sites or apps. To prevent this data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each browser you use. Using the Google Analytics Opt-out Browser Add-on will not prevent TOMS from using other analytics tools and will not prevent data from being sent to the Website itself or to Google. For more information about how Google Analytics uses cookies to measure user interactions on websites, visit Google Analytics Cookie Usage on Websites. You may disable cookies as discussed below, but that may impact your use and enjoyment of the Website.

Online Behavioral Advertising: We may partner with third party ad network(s) to either display advertising on our Website or to manage our advertising on other websites. Our ad network partner(s) may use cookies, heat maps and/or web beacons to collect non-personally identifiable information about your activities on our Website and other websites to provide you with targeted advertising based upon your interests and to help us better understand how users are engaging with content on our Website. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer's interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer's specific interests. This practice is often referred to as "online behavioral advertising." For example, a third-party advertising network might collect the type of web browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Website and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website. Through Google Ads, Google uses your Internet searches, cookies, and similar identifiers (e.g., pixel tags) to collect information about your visits to the Website and your interaction with our products and services to generate targeted advertisements to you on other websites that you visit across the Internet. We may also enable and implement Google Analytics Advertising Features on the Website. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google's collection or use this information, visit Google's Safety Center and Google's Ad Settings and follow Google's personalized ad opt-out instructions. Opting out will not affect your use of the Website. Our system may not respond to Do Not Track requests or headers from some or all browsers. To learn more about the use of cookies or other technologies to deliver more relevant advertising and your choices about not having this information used by certain service providers, please click here. To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, please visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Please remember that changing your settings with individual web browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads from time to time. Your device may also include a feature ("Limit Ad Tracking" on iOS or "Opt Out of Interest-Based Ads" on Android) that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes.

Do Not Track & Global Privacy Control: Due to the automatic collection of data using cookies as described above, we do not honor "do not track" requests. For this reason, your selection of the "Do Not Track" option provided by your browser may not have any effect on our collection of information using cookies and tracking technologies. However, residents of certain U.S. states may opt out by broadcasting an Opt-Out Preference Signal under applicable law, including the Global Privacy Control (GPC), depending on which browsers and/or browser extensions you use that may support such a signal. To look at extensions and browsers supporting the GPC browser signal, visit here: https://globalprivacycontrol.org/. Note that if you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Social Media: The Website may implement widgets, tools, or applications provided by social media platforms and the Website may otherwise allow for interaction, integration, or content sharing with third-party social media platforms and companies. We may be required to implement cookies, plug-ins, and APIs provided by those social media platforms in order to facilitate those communications and features. By choosing to use any third-party social media platform or choosing to share content or communications with any social media platform, you allow us to share information with the designated social media platform. Interactions, integrations, and content sharing with a social media platform and their features may require or allow the social media company to collect information from or about you, whether through cookies, registration information, or otherwise. Social media companies may track your online activity even when you do not choose to interact with the social media platform or its widgets or other features. We encourage you to review the privacy policy of any social media platform that you use or visit in connection with the Website, as those platforms' respective privacy policies will govern their collection, use, and disclosure of information they collect from you. We cannot control any policies or terms of such third party platform. As a result, we cannot be responsible for any use or disclosure of your information or content by third-party platforms, which you use at your own risk.

The Website may also use the advertising services and networks offered by social media platforms to deliver advertising content. Use of these services requires social media platforms to implement cookies or pixel tags to deliver ads to you while you are logged into the applicable social media platform.

If you do not want social media platforms to collect information relating to you via the Website or to link information collected via the Website to your social media accounts, we suggest that you: (a) do not connect to or share information with social media platforms using the Website; (b) hide social media platform plug-ins using an ad blocker; (c) always log off completely from social media platforms before visiting the Website or other websites and delete all related cookies; and, (d) where the option is made available by a social media platform, disable the advertising services and networks operated by that platform. You hereby acknowledge that TOMS makes no guarantee that exercising the foregoing options is guaranteed to prevent applicable social media platforms from tracking you and, further, you acknowledge that TOMS is not responsible for a social media platform's tracking of you.

Our Social Media Pages: TOMS is active on social media. You may have the opportunity to comment on social media platforms regarding, as well as send us reviews and testimonials regarding, TOMS and the products and services we offer and/or to submit or upload related photos and other materials. TOMS reserves the right to post on the Website, other websites, and social media pages any comments, photos, or content that you post on our social media pages or provide to us (whether through social media or otherwise) to the extent permitted by applicable law.

Information Collected From Other Sources: We may obtain information about you from other sources, including commercially available sources, such as social networks, data aggregators and cooperatives and public databases. This information may include name, demographic information, interests, and publicly observed data, such as from social media and shopping behavior. We may combine the information we receive from and about you, including the information you provide to us, information we receive from third parties, information we automatically collect (as explained above) and information provided or collected offline.

Information Use

We may use the information we collect from and about you for the following purposes:

1. To personalize and improve our services on the Website and allow you to set up a user account and profile that can be used to personalize your experience in using our services;
2. To provide you with a streamlined checkout experience;
3. To process and fulfill your order(s)/purchase(s), contact you concerning the status of an order/purchase, answer questions, respond to your inquiries or requests, or otherwise contact and communicate with you when necessary;
4. To provide you with targeted offers and advertising, including on the Website, via direct mail, e-mail, text message, or push notifications, and to contact you about upcoming TOMS® sales, promotions, offers and product information. You may receive these offers in advertising that is directed to you via third party websites and media properties, including in social media.
5. To help us learn more about our visitors and customers, and to improve their shopping experience and our business;
6. To develop new products and services;
7. To research and address any problems with our Website, Stores, business, and our products and services;
8. To protect the security or integrity of the Website, Stores and our business; and
9. Otherwise, as described to you at the point of collection.

Information Disclosure

We do not share, sell, lease or rent information about our customers to unaffiliated third parties, except in the following circumstances:

1. We may share aggregate, anonymous or summary information regarding our customers and their behaviors with partners, advertisers or other third parties. This data is not personal information and so will not identify you personally.
2. The information that you provide to us, including information that we automatically collect about you (as explained above) and information we receive from third parties may be used to make TOMS’ marketing efforts more efficient. The information that you provide to us, including information that we automatically collect about you (as explained above), may also be shared with third parties for their own marketing purposes. If you prefer that we do not share your information with these third parties, please email us at unsubscribe@TOMS.com with “Opt Out” in the subject line along with your full name, address and email address in the body of the email.
3. We also may share your email address with a third-party, such as a media agency, to send email and other communications, including interest-based advertising to you on our behalf. We may also share aggregated or de-identified information about you, including based on your email address, with our advertising and marketing partners, and third-party media properties, including social media sites, to allow them to send targeted advertising messages on our behalf. If you wish to stop receiving promotional communications from these third parties, please email us at unsubscribe@TOMS.com with “Opt Out” in the subject line along with your full name, address and email address in the body of the email. In addition, you may be able to opt out of these ads by clicking on an icon in the ad or through the privacy settings in each media property.
4. We may share information with companies that provide support services to us, such as a printer, mailing house, fulfillment company, credit card processor, email service provider or web host, amongst others. These parties may need personal information about you in order to perform their functions. However, these parties may not use any personal information we share with them about you for any other purpose other than in connection with performing supporting functions for us.
5. We may publicly disclose the name, city, and state of the winner of any sweepstakes and contests.
6. We may be required to disclose such information in order to comply with legal requests and processes, enforce our Terms of Use & Terms of Sale, otherwise protect or assert the rights, property, interests or personal safety of TOMS® (including its employees, directors, suppliers, distributors, service providers, users of the Website or others), or if we are otherwise required to disclose such information by law. Any such release decisions may be made by us in our sole discretion.
7. We may need to keep records of certain personal information you have provided to us or which we have obtained from you in accordance with this Privacy Policy and applicable law for business or legal purposes.
8. As with any business, it is possible that as our business develops, we might sell or buy businesses or assets. In such transactions, information about customers often is among the transferred assets. Accordingly, in the unlikely event that our company or substantially all of our assets are acquired by a third party, such information may be one of the transferred assets. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through the Website in a manner that is consistent with this Privacy Policy.
9. We may use your written and/or video reviews on our Website and/or within TOMS® for product improvement, product development, customer experience improvement, and possible communication/PR purposes.
10. From time to time, we may enable you to send emails, comments and other types of messages to us and to participate in forums, blogs, interactive areas, social media website(s) operated by TOMS® or a partner, in which case your name or other personal information you provide in connection with the communication may be available to the public (please see our Terms of Use & Terms of Sale for more details on this, including our ownership of your messages, Comments, etc.).

Protecting Your Information & Retention

Shopping with TOMS® is easy and we strive to ensure that your information is safe and secure. As a result, TOMS® has implemented certain physical, administrative, and technical security measures to protect against the loss, misuse or alteration of the information you provide.

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 our security measures. We are not responsible for circumvention of any privacy settings or security measures. When using the Website, you should ensure that there is no unauthorized access to your account information by limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account.

When using the Website, you should ensure that there is no unauthorized access to your account information by limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account.

We will retain your personal information for as long as it's needed to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law (e.g., tax, accounting, or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it; if that is not possible (e.g., because your personal information has been stored in back-up archives), we will securely store your personal information and isolate it from any further processing until deletion is possible.