The Privacy Policy replaces and supersedes all prior versions.

1. Introduction

This Privacy Policy describes how CLO Virtual Fashion, LLC and its affiliates (“CLO”,  “we”, “us” or “our”) collects, uses, stores, and discloses the personally identifiable information individuals who use our websites (and/or any websites that we may later own or operate), software and services such as CLO 3D and Marvelous Designer (the “Software”), CLO-SET, CLO-SET Connect, swatchbook, APIs, instruction sets and related documentations, other applications, services, tools and features, the installation and use of any software that we include as part of the our services, or who use or purchase our products or otherwise interact with us (collectively, the “Service(s)”).  

In this Privacy Policy, any data processed by us or through the Services and qualifies as personally identifiable information under applicable law is referred to interchangeably as “Personal Information” or “Personal Data”. Capitalized terms not defined here have the same meaning as those terms defined in the General Terms. 

For the purposes of this Privacy Policy, we are the data controller, and “you” and “your” means you as the user of the Services, whether you are a customer, website visitor, job applicant, representative of a company with whom we do business, or another individual whose information we have collected pursuant to this Privacy Policy. 

Please read this Privacy Policy carefully. By using any of the Services, you agree to the collection, use, storage, and disclosure of your information as described in this Privacy Policy. If you do not want your information processed in accordance with this Privacy Policy in general or any part of it, you should not use our Services. This policy applies to all users of the Services.

Table of Contents:

• Section 2 - Personal Information We Collect

• Section 3 - How We Use Personal Information

• Section 4 - Cookies and Other Tracking Technologies

• Section 5 - Disclosure of Your Information

• Section 6 - Data Security and Retention of Personal Information

• Section 7 - Your Privacy Rights

• Section 8 - Children’s Privacy

• Section 9 - Third Party Websites and Links

• Section 10 - U.S. Residents 

• Section 11 - Data Transfers

• Section 12 - Changes to This Privacy Policy

• Section 13 - Contact Information

  
  

2. Personal Information We Collect

We may collect different types of Personal Information depending on how you interact with us and/or our Services. This section describes the categories of information we collect and the sources of that information.

1. Information You Provide Us

Some features of the Services may require you to directly provide us with certain information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features. Information that you may choose to directly provide us with includes:

• Account, Contact and Profile Information: Your first and last name, email address, username, password, mailing address, telephone number, profile photo, birthdate, profession, employer, transaction history and any other information you choose to include in your profile or when you register an account with us, make sales inquiries, request support, participate in events and/or training organized by us, or make a purchase or payment. 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 at contact information listed in Section 13 below. 

• Payment and Transaction Information: Credit or debit card details, billing address, purchase history, and other information needed to process payments. Payment information is processed by our payment providers and we do not store full credit card numbers. 

• Communications and Support: Contents of your communications with us, including emails, support requests, and responses to surveys or messages we sent to you, or any other information you choose to include in communications with us. 

• Community Interactions: User feedback, forum posts, comments, chats, and other interactions within our community spaces. 

• Applicant Information: Employment application details, such as information included in your resume or CV, references, and job history. 

• Content You Upload or Create: We may receive content that you create within the Services or media that you provide or upload, such as designs, images, documents, videos, inputs, output, metadata, or other content. We may also receive your inputs, prompts, outputs and other content that you chose to provide, input, upload, submit to, or create with, the Services, and the output that you create. Such data may constitute personal information to the extent that any personal information is included in any content you input, upload, or otherwise submit to the Services. If you make content publicly available or share content with third parties, please note that it may be stored, displayed, reproduced, published, or otherwise used or disclosed without your permission, and may or may not be attributed to you. You are solely responsible for any data that you input into our machine learning / AI features and the resulting generated content. We do not guarantee the accuracy, legality, or appropriateness of any output.

• Optional and Other Information You Provide: Cryptocurrency wallet address or other information you choose to provide; and any information you voluntarily share with us via customer support, feedback, forms, or email.

2. Information Collected Automatically 

We and certain third parties also automatically collect certain information about your interaction with our Services through the use of cookies, clear gifs, web beacons, pixels, tags and other tracking technologies. This information may include:

• Device information, such as device type, operating system, unique device identifier, internet protocol (IP) address, MAC Address, browser, settings, version, language settings, and configuration.

• Activity information, such as date/time stamp, log files generated during usage of the Services, program or system error messages, your activity on a page or screen, access times and duration of access, interactions with marketing emails, and ad impressions.

• Location information, such as your time zone and country, and system information. 

For more information on how we use these tracking technologies and your choices, see the Section 4 below, Cookies and Other Tracking Technologies.

3. Information from Other Sources

We may receive Personal Information about you from outside sources or CLO affiliates, including information from third parties that you choose to share with us, such as information we receive from:

• Authentication Providers: We may receive information from single-sign on third parties, if you choose to sign into our Services with them, such as Google, Apple, or other single sign-on providers.

• Enterprise or Team Administrators: We may receive information from your employer or organization if you use an account provided by them.

• Analytics, Marketing and Service Providers: We may receive information from analytics providers such as Google Analytics, marketing partners, or other vendors that support our operations.

• Business Partners: We may receive information from one of our independent resellers or in cases where one of our customers invites you to collaborate via our Services.

• Social Media: If you communicate with us via social media, including Instagram, Facebook or TikTok and choose to share your user generated content with us, we may receive information such as videos you’ve created, your profile photo, account name and comments about CLO. 

• Employment Information: Information we receive from career websites, such as LinkedIn, Monster, or Indeed.

• Sharing by Users: If someone invites you to a team or shares content with you.

4. Information You Make Public

If you choose to make personal information publicly viewable through the Services, that information may be visible to others and may be collected or used by third parties outside our control. We are not responsible for how others use information you choose to make public. We may also obtain information about you from third-party public sources.

In respect of Sections 2(c) and 2(d), 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. For more information, see Section 9 - Third Party Websites and Links, below.

3. How We Use Personal Information

We use the above information in our legitimate interests, including for the following purposes:

• Provision of Services: Provide, operate, maintain, and optimize the Services and/or perform our contract with you, personalize the Services, further develop, customize, expand, and improve our Services (including machine learning and our AI models), and conduct research and development. 

• Relationship Management: Maintain our business relationship with you, including to create and manage accounts and process payments, provide ongoing customer assistance and technical support, communicate with you about updates, features, and promotions (where permitted), and send other service and non-marketing communications.

• Security: Enhance, detect, prevent, and respond to fraud or security issues (e.g., troubleshooting, data analysis, testing, system maintenance, and reporting), maintain security and prevent fraud.

• Analytics, Advertising and Marketing: Run analytics, monitor and analyze trends to measure and understand your interaction with, and, customize and provide, and improve the provision and performance of our Services, advertising and marketing to you.

• Output: Generate and output content as part of the Services and to personalize output for you.

• Aggregated Information: Create aggregated statistical data and other aggregated and/or inferred information, which we may use to provide and improve our Services.

• Compliance with Law: Comply with any applicable laws, regulations, and binding authority requests, enforce any applicable terms of service, protect the Services, our rights, and the rights of our employees, users or other individuals.

• Employment: To process your application for employment and to evaluate your candidacy. To enhance our recruitment process, we may use Artificial Intelligence and machine learning (AI) tools to assist our recruiting team in screening and evaluating your application. These tools analyze the professional qualifications, skills, and experience provided in your resume to determine how well they align with the requirements of the role. We do not use "solely automated decision-making" that would result in a definitive rejection of your application without human intervention. These tools are used to support, not replace, our hiring team. All AI-generated recommendations are reviewed by our hiring team who make all final decisions. 

• Consent: For matters that you have specifically consented to.

We may permit third parties to use such data for the purposes listed above. For more information see Section 4 - Cookies and Other Tracking Technologies, and Section 5 - Disclosure of Your Information.

We may also, in our legitimate interests, deidentify or anonymize your information such that it cannot reasonably be used to infer information about you or otherwise be linked to you (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 reidentify the information, except solely for the purpose of determining whether our deidentification/anonymization process satisfies legal requirements.

To the extent the laws in your jurisdiction do not recognize the legal basis of legitimate interest or another legal basis specified above for a particular purpose, you consent to the processing of your personal information for that purpose through using the Services.

4. Cookies and Other Tracking Technologies

When you visit the Services, we (and our third-party partners) will create online identifiers and collect information using cookies and similar technologies. We use cookies for various purposes including to help recognize and remember you when you are logged into our Services to maintain your settings and preferences, analyze the performance of our Services, maintain the integrity of our Services, and for other lawful bases. We also use "web beacons" to help deliver cookies and gather usage and performance data. Our website may include web beacons, cookies, or similar technologies from third-party service providers. These tools help us analyze and learn how to make our Services better and customize our communications with you. We may also use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients, to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

You can control or reset your cookies and similar technologies through your web browser, which will allow you to customize your cookie preferences and to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Services may not function properly if the ability to accept cookies is disabled. For more information, please review our Cookie Policy. If you have questions regarding the specific information about you that we process or retain, as well as your choices regarding our collection and use practices, please contact us using the information listed below.

5. Disclosure of Your Information

We may disclose your information with our affiliates and third party service providers subject to this Privacy Policy, for the purpose of providing the Services to you, to facilitate our legitimate interests or if you consent. These parties include the following categories:

• Company Group: Our affiliates or others within our corporate group, in accordance with our contract with you, for internal administration or support purposes, in our legitimate interest to run a successful business and in order to provide our Services.

• Service Providers: Vendors or other service providers who help us provide the Services, including for: billing, payment processing, customer transaction facilitation, customer support and customer relationship management, system administration, email, hosting and storage, data and predictive analytics, data labelling and machine learning, generative AI and content creation, security, advertising and marketing, and delivery of physical products.

• Business Partners: We may share your personal information with our authorized independent resellers and business partners for the purposes of fulfilling your orders, providing localized technical support, and offering relevant product updates. 

• Business Transactions: We may share personal information with a prospective buyer, seller, or other relevant third party as necessary while negotiating, or in relation to, a change of corporate control such as a restructuring, merger, asset sale or purchase, bankruptcy or other business transaction or re-organization. We do this in our legitimate interest to run a successful and compliant business, and as required by applicable law.

• Advertising Partners: Third parties, such as Google, Meta, and LinkedIn, who display advertising to potential new users or otherwise assist us with advertising. This Privacy Policy does not apply to, and we cannot control the activities of, third party advertisers. Please consult the respective privacy policies of such advertisers or contact such advertisers for more information.

• Legal Compliance: We may also disclose your information to comply with applicable law or any obligations thereunder or to cooperate with law enforcement, judicial orders, and regulatory inquiries, or where we have a good-faith belief that it is necessary to detect, prevent or address fraud, breaches of our terms of service, security issues, harmful or illegal activity, to protect us (our rights, property or intellectual property), you or others, including as part of investigations or regulatory enquiries or to prevent death or imminent bodily harm. We do this in our legitimate interest to protect our Services and business and to comply with applicable law.

• Other Third Parties, including Other Users: Third parties to whom you request or direct us to disclose information, or otherwise choose to share or make output or other information visible to others, including other users. We do this as necessary for the performance of a contract, or in our legitimate interest to provide you with access to the Services and integrations with third parties, or with your consent. These third-parties are not controlled by us, and this Privacy Policy does not cover how third parties use your information. You should review the terms and conditions of any third parties before using them. If you object to information about you being shared with these third parties, do not use the Services.

6. Data Security and Retention of Personal Information

CLO maintains appropriate safeguards to preserve the integrity and security of information collected through the Services. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from CLO, at all times. Personal Information collected by CLO is stored in secure operating environments that are not available to the public and that are only accessible by authorized employees. Despite our reasonable efforts to protect your information, no security measures are impenetrable, no data transmission over the internet or any wireless network can be guaranteed to be secure, and we cannot guarantee “perfect security”. We recommend that you do not use unsecure channels to send us sensitive or confidential information. CLO is not responsible for the functionality or security measures of any third party.

We retain Personal Information only for as long as it is reasonably necessary for the purposes specified in the Privacy Policy, comply with our legal obligations, resolve disputes, enforce our agreements, ensure security, backup and archival purposes. When determining the length of time to retain your information, we consider various criteria, including whether we need the information to continue to provide you the Services, our obligation to comply with applicable law, resolve a dispute, enforce our contractual agreements, prevent harm, promote safety, security and integrity, or protect ourselves, including our rights, property or products. We retain information that has been irreversibly anonymized or aggregated, and this information cannot be linked back to you.

7. Your Privacy Rights

Depending on where you reside, you may have some or all of the rights listed below 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: 

• Right to Notice and Access / Know:  You may have a right to request access to Personal Information that we hold about you, or to request information about our collection, use and disclosure of your Personal Information, such as the categories of Personal Information we have collected or disclosed for a business purpose. 

• Right to Request a List of Third-Party Recipients: You may request a list of specific third parties to which we have disclosed personal information. Some areas also allow you to obtain a list of the categories of third parties to which we have disclosed personal information. You can find that information in the table below under Section 10 - U.S. Residents.

• Right to Delete: You may have a right to request that we delete personal information we maintain about you.

• Right to Correct: You may have a right to request that we correct inaccurate personal information we maintain about you. 

• Right of Portability: You may have the right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party.

• Restriction of Processing: You may have the right to ask us to stop, suspend or restrict our processing of personal information.

• Objection: You may have the right to object to our processing of personal information.

• Opt-Out: (i) Opt-Out of Website Targeted Advertising: You can opt-out of sharing your personal data for targeted advertising to promote our products and services, and we will honor global privacy controls.  See section 4 - Cookies and Other Tracking Technologies, and our Cookies Policy for more information; (ii) Opt-Out of Collection of your Information Through Tracking Technologies: Please see Section 4, Cookies and Other Tracking Technologies, above for more information; (iii) Opt-Out of Marketing Communications: You may choose to stop receiving personalized advertising or marketing promotions from us when using the Services by contacting us at our email address listed below. However, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices); (iv) Opt-Out of Collection: You can opt out of CLO collecting more data about you from third-party providers, or sharing your information. If you wish to do so, please contact us at privacy@clo-set.com. 

• Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent at any time by contacting us at privacy@clo-set.com. Please note that the withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal, and that where you withdraw your consent, we may not be able to deliver the expected service to you.

• No Sale of Information: We do not sell your personal information to third parties for monetary compensation. 

• Rights Regarding Automated Screening and Evaluation in Employment Application: You have the right to obtain information about the logic used by the system, contest a decision, or and to request a manual review of your application by a recruiter. You may exercise these rights by contacting us at privacy@clo-set.com. 

You may exercise any of these rights by contacting us using the information provided below. We will not discriminate against you for exercising any of these rights. We may need to collect additional information from you to verify your identity, such as your email address and government issued ID, before providing a substantive response to the request. You may designate, in writing or through a power of attorney document, an authorized agent to make requests on your behalf to exercise your rights. Before accepting such a request from an agent, we will require that the agent provide proof you have authorized them to act on your behalf, and we may need you to verify your identity directly with us. If we deny your request, you may appeal our decision by contacting us using the information provided below. You may opt out of information collection for AI (which would prohibit us from using your personal information to improve our AI models) in your settings page for the applicable Service where provided by contacting us at privacy@clo-set.com. You may also request to delete your account through the account page or by contacting us at privacy@clo-set.com. If you delete your account, we aim to delete your personal information from our servers within 30 days. Please contact us at privacy@clo-set.com to request deletion.

8. Children’s Privacy

Our websites and services are not directed at children. We do not knowingly collect Personal Information from children under the age of 13 or in the case of a region where the minimum age for processing personal information differs, such different age. We do not knowingly collect Personal Information for children between 13 and the age below which you are able to consent to the processing of their personal information, unless we have obtained consent from a parent or guardian; in such cases, please obtain your parent or guardian’s consent prior to using the Services.

If we become aware that we have unknowingly collected information about a child under 13 years of age or the relevant minimum age in your jurisdiction, we will make commercially reasonable efforts to delete such information. If you are a parent or guardian and believe your minor child has provided us with Personal Information without your consent, please contact us using the below information  to request that it be deleted.

9. Third Party Websites and Links

Our Services may from time to time contain links to third party websites, products or services. CLO does not control or is affiliated with such third parties, and is not responsible for the privacy practices or the content of such sites or services. Our Privacy Policy does not apply to third party websites or services. Your browsing and interaction on any third party website or service are subject to that third party’s own rules and policies. You should review the privacy policy, policies and other terms of such third parties. We are not responsible for the privacy or security of, or information found on, these sites or platforms. In addition, you acknowledge that we are not responsible for and we do not exercise control over any third parties that you authorize to access your content. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Services.

10. U.S. Residents 

This section applies to residents of California and other U.S. states with similar comprehensive privacy laws. It supplements our general Privacy Policy to meet the specific requirements of the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”).

In the preceding 12 months, we have collected the following categories of personal information (as defined by the CCPA/CPRA). For additional information we collect, please refer to Section 2 - Personal Information We Collect of this Privacy Policy:

Depending on where you live and subject to applicable exceptions, you may have specific rights regarding your personal information. For a detailed description of these rights (including the Right to Know, Delete, and Correct) and how to exercise them, please refer to Section 7 - Your Privacy Rights of this Privacy Policy. These rights include:

• Opt-Out of Sharing and Limit Use: We may “share” (as defined by California law) your information with third-party advertisers to show you relevant ads. You can opt-out of this by following the instructions in Section 7 - Your Privacy Rights. You also have the right to direct us to limit the use of your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected.

• No Sale of Information: We do not sell your personal information to third parties for monetary compensation. 

• Verification: To protect your privacy, we will verify your identity before fulfilling a request. 

• Authorized Agents: You may designate an authorized agent to make a request on your behalf. We may require written proof of their authority and direct verification of your identity.

• Retention: We determine retention periods based on legal requirements, the nature of our relationship with you, and the necessity of the data for security and fraud prevention.

11. Data Transfers

Data Transfer and International Processing:

The personal information that we collect may be transferred to, stored at/processed in, or accessed from countries outside the jurisdiction in which you are based in, for the purposes described in this Privacy Policy. Specifically, the Services are provided through and managed on servers located and operated within the United States, where our main infrastructure and certain service providers are located, and South Korea. We also have support, engineering and other teams who may support the Service, including from the United States and South Korea.

We may process the personal information that you provide to us by creating an account and using our Services in countries outside the relevant jurisdiction you reside in, in order to perform our contract with you (to provide you with our Services). By using the Services and acknowledging the Privacy Policy, you acknowledge and, if necessary in your jurisdiction, consent to the transfer of your personal information to third parties (if any), which may include the cross-border transfer of your information to any country or region where we have databases or affiliates and, in particular, to the jurisdictions specified herein.

For EU and UK users:

For such transfers of data outside the relevant jurisdiction, we implement applicable safeguards to ensure an adequate level of protection for individuals’ rights and freedoms for their personal information.

We rely on the European Commission’s model contracts for the transfer of personal information to third countries (the “Model Clauses”), or any equivalent contracts issued by the relevant competent authority of the UK, as relevant. These clauses bind us and our service providers to European data protection standards.

Where applicable, we also take into account the use of infrastructure and service providers that have certified their adherence to the EU-U.S. Data Privacy Framework and the UK Extension to the EU-U.S. DPF (collectively, the “DPF”). For transfers to such third parties, we rely on their certification under the DPF as an additional layer of protection, alongside the Model Clauses, unless the data transfer is to a country that has been determined by the European Commission or the relevant UK authorities to provide an adequate level of protection.

12. Changes to This Privacy Policy

We may modify this Privacy Policy from time to time at our sole discretion. If we make material changes to the way in which we use or disclose information we collect, we will use reasonable efforts to notify you as consistent with applicable law. If you do not agree to any updates to this Privacy Policy, please do not continue using or accessing the Services.

13. Contact Information

If you have any questions about this Privacy Policy or our privacy practices, or if you wish to submit a request to exercise your rights as detailed in this Privacy Policy, please contact us at privacy@clo-set.com, legal@clo3d.com and/or your local representative's contact details as set out below: 

CLO Virtual Fashion LLC.

285 Fulton St, FL 58 STE T

New York, NY 10007 

U.S.A

Email: privacy@clo-set.com

CLO Virtual Fashion SAS

34 rue Laffitte, 

75009 Paris 

FRANCE

Email : privacy@clo-set.com

CLO Virtual Fashion GmbH

Briennerstr. 45 a-d

80333 Munich

Germany

privacy@clo-set.com

If you are from the United Kingdom or the European Economic Area, you may also contact our Privacy Lead at privacy@clo-set.com.

If you believe our processing of your personal information infringes data protection laws, you have the right to lodge a complaint with the supervisory authority in the country where you live, work, or where the infringement occurred.