Privacy is important to Outliers, Inc. The terms “Outliers”, “us”, “we” or “our” refer to Outliers, Inc., the owner of the Services. The terms “you” or “your” refer to the user or viewer of the Services. (“Outliers” or “Thesis” or “Company” or “Us”). This privacy policy (this “Privacy Policy”) describes how your personal information is collected, used, and shared when you visit or make a purchase from or utilize our services available through our website, https://takethesis.com/, (the “Site”) and engaging with our services (collectively, the “Services”), you are consenting to the collection, use, sharing, and storage of your personal information, as described below. This Privacy Policy supplements and is incorporated into our Terms of Service which, together with this Privacy Policy, govern your use of the Services. We have endeavored to make this Privacy Policy as clear as possible. If, however, you have any questions, comments or concerns about this Privacy Policy, please send us an email at hello@takethesis.com

For purposes of this Privacy Policy, “Personal Information” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal data” under applicable data privacy laws, rules, or regulations, including the definition set forth under the California Privacy Rights Act (CPRA). 

For users of the Services, Personal Information may include the following: 

• full name, login credentials, email address, physical address, and phone number;
• credit card and payment information; and
• interests, comments, requests, and other information you may offer.

We may also automatically collect other information as you interact with the Services. We collect data relating to the use of our Site, traffic logs, user conduct, or the results of Site usage. We may collect and maintain data about your usage of the Site and/or Services, your Internet Protocol (“IP”) address, Site and/or Services visits, page response times, download errors, length of visits to certain pages, and page interaction information (such as swipes, share lists, and recommendations). We also may automatically collect information from cookies that are placed throughout the Services. Generally, this information is collected in aggregate form, which means we cannot personally identify you through these mechanisms. 

The above information may also be collected by third-party service providers, such as Shopify.

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

“Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

We use Personal Information to facilitate the provision of your requested services, such as to fulfill orders. We also use Personal Information to track user behavior, improve our products and services, communicate with you regarding the Services, and generate statistics and trend data for internal and external business purposes, such as marketing campaigns and social media advertising. We also will use Personal Information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.

We do not share your information for commercial purposes. 

We may share your information in the following ways:

• With service providers: We may share your information with third parties that perform tasks on our behalf and that help us better provide our Services to you.
• To protect us, our users, or to law enforcement officials: We may share your information to comply with legal processes (including to comply with the law, to enforce our Terms of Service, or to respond to subpoenas, discovery requests, or similar legal processes or proceedings), cooperate with law enforcement or when we believe it is prudent to share information with legal authorities, and investigate and prevent fraud or imminent harm to you, our users, or to us. We may also share your information to ensure the security of our network and services.
• In the event of a business transfer: We may share your information with another entity as a result of a corporate sale, merger, consolidation, asset sale, or in the unlikely event of bankruptcy or we go out of business. User information is generally considered an asset that is transferred in one of these types of corporate transactions.
• With your consent: We may also share your information in other circumstances when we have obtained your consent.

We share your Personal Information with third parties, and/or Subprocessors, to help us use your Personal Information, as described above. For example, we use Klaviyo to process and send emails; and Tatari for streaming services. 

Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of our Services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. 

Your information may be held by third parties, or we may link to other sites or applications not affiliated, owned, or controlled by us. When you click on a link or an advertisement, you will be directed to that third party’s website. The fact that we link to a third party’s website or advertisement does not in any way create a relationship between us and that third party. We do not endorse or represent any third parties. The privacy practices of any third parties are outside the scope of this Privacy Policy and their use or disclosure of your information (including your personal information) will be governed by their own privacy practices or policies. We encourage you to review the privacy practices or policies of those third parties.

As described, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Prior to engaging any third party service providers or sub-processors, we perform due diligence to evaluate their privacy, security and confidentiality practices, and execute an agreement with them that implements their obligations. If you have any questions about our subprocessing activities, please contact hello@takethesis.com.

Our sub processors include:

TikTok

https://www.tiktok.com/legal/page/us/privacy-policy/en

Meta

https://www.facebook.com/privacy/policy/

Tatari

https://www.tatari.tv/privacy-policy

Pinterest

https://policy.pinterest.com/en/privacy-policy

Google Search

https://policies.google.com/privacy

Klaviyo

https://www.klaviyo.com/legal/privacy/privacy-notice

Whether you are a resident of the United States, the European Economic Area, or any other global jurisdiction, we may send and store your personal information outside of the country in which you reside. We currently store your data in the United States. By using our Services and consenting to this Privacy Policy, you agree and hereby consent to the storage and processing of your Personal Information in the United States. We ensure compliance with all applicable laws regarding the subject of this Privacy Policy and take appropriate measure to keep your Personal Information protected, especially, to comply with GDPR requirements regarding lawful transfer mechanisms. 

We secure any Personal Information collected and shared, and have taken all precautions and technical and physical safeguards necessary to comply with this Privacy Policy and any other applicable data security and data privacy laws and regulations such as GDPR, CCPA, and CPRA. We have also taken industry standard precautions and implemented safeguards necessary to preserve the security and confidentiality of Personal Information by our third parties, and in particular to prevent any Personal Information from being lost, distorted, damaged, or disclosed to unauthorized persons. We limit access to your Personal Information only to employees or technical service providers who reasonably need to come into contact with that Personal Information to provide Services to you or Outliers. We also use encryption (HTTPS/TLS) to protect data transmitted to and from our Sites and tools. However, no data transmission over the Internet is fully secure, so Outliers cannot guarantee the total and complete security of Personal Information transmitted in this way.

Personal Information is retained for an appropriate period of time depending on the purposes of processing your Personal Information and we will securely destroy your Personal Information once there is no longer a need to keep it, in accordance with applicable laws and regulations, unless and until you ask us to delete this information.

You can exercise the following rights by contacting Outliers at hello@takethesis.com: (i) the right to be informed; (ii) the right of access; (iii) the right to rectification and correction; (iv) the right to erasure; (v) the right to restrict processing and sharing; and (vi) the right to object. 

Before processing the request, we may need to ensure the identity of the person making the request to avoid sharing data with an unauthorized person and may request additional information from you. As a European or United Kingdom Citizen, you have the right to file a complaint with a European Union supervisory authority, (or the Information Commissioner’s Office (ICO) if you are a resident of the United Kingdom), in the event you have reasonable doubt that we are not processing your Personal Information in compliance with applicable law and GDPR, or UK-GDPR. In such a case, we are asking you to contact us first by sending to hello@takethesis.com and we will make our best efforts to reply promptly.

If you would like to access, modify, or delete your personal information, you may submit a request to hello@takethesis.com. For more information or to see if these rights apply to you, please contact us. We will promptly review all such requests in accordance with applicable laws.

If you are a California, Colorado, Connecticut, Nevada, Utah or Vermont resident, the law may provide you with additional rights regarding our use of your Personal Information. Please review our Supplemental Privacy Notice, attached hereto and made a part hereof as Exhibit A, to learn more about these rights.

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your web browser may allow you to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked.

Third parties that have content embedded on Outlier’s websites such as segment.com or google.com/analytics/ may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific Outliers Inc. website from a certain IP address. Third parties cannot collect any other personally identifiable information from Outliers Inc.’s websites unless you provide it to them directly.

This Privacy Policy may be revised periodically, and this will be reflected by the date above. Please revisit this page to stay aware of any changes. Your continued use of the Services constitutes your agreement to this Privacy Policy and any future revisions.

The Site is not intended for individuals under the age of eighteen (18). Outliers is highly sensitive to the privacy of children. Therefore, we will not knowingly collect Personal Information from children. 

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at hello@takethesis.com or by mail using the details provided below:

Outliers, Inc.
Attn: Thesis
30 W 24th Street
Floor 11
New York, NY 10010
1 (646) 647-3599

FDA Inspections of Website Content

FDA investigations are limited to informing the soundness of agency decision making. See FDA Investigations Operations Manual, Chapter 8, available at https://www.fda.gov/media/75268/download#page=4. Pursuant to Chapter 4 of the FDA Investigations Operations Manual, the FDA can conduct investigations using publicly-accessible information without needing to supply a Form 482, notice of inspection. See e.g. https://www.fda.gov/media/96838/download. 

However, under the Investigations Operations Manual, “if during a sample collection, [the FDA investigators] begin to conduct an inspection (examining storage conditions, reviewing records for compliance with laws and regulations, etc.), issue an FDA 482 and continue your activities.” FDA Investigations Operations Manual, Subchapter 4.1.1.1 (2021), available at https://www.fda.gov/media/75243/download#page=4. Pursuant to subchapter 4.1.4.2 of the FDA Investigations Operations Manual, the FDA’s collection of a documentary (“DOC”) sample from an Internet website of a regulated article constitutes an inspection for which a Form 482 must be issued. Id., available at https://www.fda.gov/media/75243/download#page=5.

This US Supplemental Privacy Notice (“Supplemental Notice”) applies only to information collected about consumers in the following states: (1) California, (2) Colorado, (3) Connecticut, (4) Nevada, (5) Utah, and (6) Virginia. This Supplemental Notice our practices regarding the collection, use, and disclosure of Personal Information and provides instructions for submitting data subject requests. 

Some portions of this Supplemental Notice apply only to consumers of particular states. In those instances, we have indicated that such language applies only to those consumers.

To the extent terms used in this Supplemental Notice are defined terms under the applicable US State Privacy Law, they shall have the meanings afforded to them in those statutes, whether or not capitalized herein. As there are some variations between such definitions in each of the state statutes, the definitions applicable to you are those provided in the statute for the state in which you are a consumer. For example, if you are a Virginia consumer, terms used in this Supplemental Notice that are defined terms in the VCDPA shall have the meanings afforded to them in the VCDPA as this Supplemental Notice applies to you.

Supplemental Notice for California Residents.
This Supplemental Notice for California Residents applies to our processing of Personal Information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”) as amended by the California Privacy Rights Act (“CPRA”), effective as of January 1, 2023 (collectively, the “California Privacy Laws”). The California Privacy Laws provides California residents with the right to know what categories of Personal Information Outliers has collected about them, the right to have Personal Information deleted, the right to opt out of the sale of Personal Information (if applicable), the right to opt in of the sale of Personal Information of consumers under the age of 16 (if applicable), the right to nondiscriminatory treatment for exercising any rights, the right to initiate a private cause of action for data breaches, the right to correct inaccurate Personal Information and the right to limit use and disclosure of sensitive Personal Information.

Disclosure for California Consumers: 

Unless specifically stated, we have not sold or shared Personal Information about California consumers to third parties for their own use in the past twelve (12) months. Relatedly, we do not have actual knowledge that we sell or share Personal Information of California consumers under 16 years of age. However, we may share your Personal Information with our affiliates and trusted partners in arrangements that may meet the broad definition of “sale” or “share” under California law. In these arrangements, use of the information we share is limited by policies, contracts, or similar restrictions. That said, we may share information with third-party advertising partners or analytics providers for the purpose of promoting our Services as described above, including for cross-context behavioral advertising. To the extent that such sharing is considered a “sale” under the CCPA, you may opt-out of having your Personal Information shared with such advertising partners or analytics providers by emailing us here: hello@takethesis.com. For purposes of California law, a “sale” is the disclosure of Personal Information to a third party for monetary or other valuable consideration, and a “share” is the disclosure of Personal Information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.

Additional Privacy Rights for California Residents:

• Right to Access. If you are a California consumer, you have the right to ask us to send you the following information up to two times in a twelve-month period: (i) categories of Personal Information we have collected about you; (ii) categories of sources from which we collected the Personal Information; (iii) our business or commercial purpose for collecting Personal Information; (iv) categories of third parties with whom we share Personal Information; (v) categories of Personal Information we disclose about you for business purposes; (vi) categories of Personal Information we sell or exchange for consideration about you; and (vii) the specific pieces of Personal Information we have collected about you.
• Right to Delete. If you are a California consumer, you have the right to ask us to delete the Personal Information about you we have collected. We may deny the request if the information is necessary to: (i) complete a transaction, including providing a requested or reasonably anticipated good or service, or fulfill a contract between the consumer and Thesis ; (ii) detect and protect against security incidents, malicious, deceptive, fraudulent, or illegal activity, or take against those responsible for such activity; (iii) debug to identify and repair errors impairing intended functionality; (iv) comply with the California Electronic Communications Privacy Act; (v) engage in research in the public interest adhering to applicable ethics and privacy laws where the consumer has provided informed consent; (vi) enable solely internal uses reasonably aligned with the consumer’s expectations based on the consumer’s relationship with Thesis; (vii) comply with a legal obligation; or (viii) otherwise use the information internally in a lawful manner compatible with the context in which the consumer provided the information.
• Right to portability. A consumer has the right to request Personal Information about the consumer be disclosed in a common file format.
• Right to Opt-in or Opt-out of the sale of Personal Information. If a business sells Personal Information to third parties, California consumers have the right, at any time, to opt in or out of the sale or disclosure of their Personal Information to third parties. 
• Right to designate an authorized agent. You have the right to designate an authorized agent to make a request under the CCPA on your behalf. To designate an authorized agent, please contact us. Right to non-discrimination. The CCPA grants California consumers the right not to be discriminated against for exercising your privacy rights. If you exercise your privacy rights, we will not discriminate against you, for example, by denying you access to our shop or charging you different rates or prices for the same Services, unless that difference is reasonably related to the value provided by your data.

California Privacy Rights Act. In addition to the rights provided by the CCPA, California residents are provided with the following rights through the California Privacy Rights Act: (i) the right to request that incorrect or outdated Personal Information be corrected but not deleted; (ii) the right to restrict a business’s ability to process sensitive data about the consumer; and (iii) prohibition against a business making decisions about a consumer based solely on an automated process without human input.

California Shine the Light. The California “Shine the Light” law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties.

Disclosure About Direct Marketing for California Residents. California Civil Code § 1798.83 permits California residents to annually request certain information regarding our disclosure of Personal Information to other entities for their direct marketing purposes in the preceding calendar year. We do not distribute your Personal Information to other entities for their own direct marketing purposes.

Supplemental Notice for Colorado Residents. The Colorado Privacy Act provides Colorado residents with the following rights: (i) the right to opt out of the processing of Personal Information concerning the consumer; (ii) the right to confirm whether a business is processing Personal Information concerning the consumer and to access the consumer's Personal Information; (iii) the right to correct inaccurate Personal Information collected from the consumer; (iv) the right to delete Personal Information concerning the consumer; (v) the right to restrict a business’s ability to process Personal Information about the consumer, specifically to opt-out of processing for profiling/targeted advertising purposes; (vi) a prohibition against a business making certain decisions about a consumer based solely on an automated process without human input; and (vii) the right to data portability.  When exercising the right to access Personal Information, a consumer has the right to obtain the Personal Information in a portable, and to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another entity without hinderance. A consumer may exercise this right no more than two times per calendar year. 

Supplemental Notice for Connecticut Residents. The Connecticut Data Privacy Act provides Connecticut residents with the following rights: (i) the right to confirm whether a business is processing Personal Information concerning the consumer and to access the consumer's Personal Information; (ii) the right to request that incorrect or outdated Personal Information be corrected but not deleted; (iii) the right to delete Personal Information concerning the consumer; (iv) the right to restrict a business’s ability to process sensitive data about the consumer- specifically to opt-out of processing for profiling/ targeted advertising purposes; (v) the right to request Personal Information about the consumer be disclosed in a common file format; (vi) the right to opt out of the sale of Personal Information about the consumer to third parties; and (vii) prohibition against a business making certain decisions about a consumer based solely on an automated process without human input.

Supplemental Notice for Nevada Residents. We generally do not disclose or share Personal Information for profit. If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. To exercise this right, if applicable, you or your authorized representative may submit a request to hello@takethesis.com. If you have any questions, please contact us at hello@takethesis.com. We will respond to your verified request as soon as reasonably practicable, but no later than sixty (60) days after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.

Supplemental Notice for Utah Residents. The Utah Consumer Privacy Act provides Utah residents with the following rights: (i) the right to confirm whether a business is processing Personal Information concerning the consumer and to access the consumer's Personal Information; (ii) the right to delete Personal Information concerning the consumer; (iii) the right to restrict a business’s ability to process sensitive data about the consumer- specifically to opt-out of processing for profiling/ targeted advertising purposes; (iv) the right to request Personal Information about the consumer be disclosed in a common file format; and (v) the right to request to opt out of the sale of Personal Information about the consumer to third parties.

Supplemental Notice for Virginia Residents. The Consumer Data Protection Act provides Virginia residents with the following rights: (i) the right to confirm whether or not a controller is processing the consumer's Personal Information and to access such Personal Information; (ii) the right to delete Personal Information provided by or obtained about the consumer; (iii) the right to obtain a copy of the consumer's Personal Information that the consumer previously provided to the business in a portable and, to the extent technically feasible, readily usable format; (iv) the right to opt out of the processing of the Personal Information for purposes of, targeted advertising, the sale of Personal Information, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer; and (v) the right to restrict a business’s ability to process Personal Information about the consumer, specifically to opt-out of processing for profiling/targeted advertising purposes.

Disclosure for Colorado, Virginia, Utah, and Connecticut Consumers: Unless specifically stated, we do not sell or share Personal Information to third parties for their own use. However, we may share or process one or more of the above categories of Personal Information with our affiliates and trusted partners in arrangements for purposes of targeted advertising, as the terms “sell,” “share,” “process,” and “targeted advertising” are defined in the CPA, VCDPA, UCPA, and CTDPA. In these arrangements, use of the information we share is limited by policies, contracts or similar restrictions.

Changes to this Supplemental Notice: We reserve the right to amend this Supplemental Notice at our discretion and at any time. When we make material changes to this Supplemental Notice, we will notify you by posting an updated Supplemental Notice on our website and listing the effective date of such updates.