Privacy Policy
Privacy Policy
Last updated: December 8, 2025
9FIVERS LLC d/b/a 9FIVE ("9FIVE," "we," "us," or "our") operates this store and website at www.9five.com, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). 9FIVE is powered by Shopify, which enables us to provide the Services to you. This Privacy Policy describes how we collect, use, and disclose your personal information when you visit, use, or make a purchase or other transaction using the Services or otherwise communicate with us. If there is a conflict between our Terms of Use and this Privacy Policy, this Privacy Policy controls with respect to the collection, processing, and disclosure of your personal information.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you acknowledge that you have read this Privacy Policy and understand the collection, use, and disclosure of your information as described in this Privacy Policy.
For information specifically about our email and text messaging programs, including SMS and RCS messaging, please also see our Messaging & Email Privacy Policy and Section 6 of this Privacy Policy.
Personal Information We Collect or Process
When we use the term "personal information," we are referring to information that identifies or can reasonably be linked to you or another person. Personal information does not include information that is collected anonymously or that has been de-identified, so that it cannot identify or be reasonably linked to you. We may collect or process the following categories of personal information, including inferences drawn from this personal information, depending on how you interact with the Services, where you live, and as permitted or required by applicable law:
• Contact details including your name, address, billing address, shipping address, phone number, and email address.
• Financial information including credit card, debit card, and financial account numbers, payment card information, financial account information, transaction details, form of payment, payment confirmation and other payment details.
• Account information including your username, password, security questions, preferences and settings.
• Transaction information including the items you view, put in your cart, add to your wishlist, or purchase, return, exchange or cancel and your past transactions.
• Communications with us including the information you include in communications with us, for example, when sending a customer support inquiry, email, or text message.
• Device information including information about your device, browser, or network connection, your IP address, and other unique identifiers.
• Usage information including information regarding your interaction with the Services, including how and when you interact with or navigate the Services, pages viewed, links clicked, and other similar activities.
• Messaging information including your mobile phone number, mobile carrier, device type, messaging preferences, opt-in and opt-out status, message delivery and engagement data, and information related to your interactions with our SMS and RCS messaging programs.
Personal Information Sources
We may collect personal information from the following sources:
• Directly from you including when you create an account, visit or use the Services, make a purchase, communicate with us, subscribe to our messaging programs, or otherwise provide us with your personal information;
• Automatically through the Services including from your device when you use our products or services or visit our websites, and through the use of cookies and similar technologies;
• From our service providers including when we engage them to enable certain technology, such as our messaging platform providers, and when they collect or process your personal information on our behalf;
• From our partners or other third parties.
How We Use Your Personal Information
Depending on how you interact with us or which of the Services you use, we may use personal information for the following purposes:
Provide, Tailor, and Improve the Services. We use your personal information to provide you with the Services, including to perform our contract with you, to process your payments, to fulfill your orders, to remember your preferences and items you are interested in, to send notifications to you related to your account, to process purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, to facilitate any returns and exchanges, to enable you to post reviews, and to create a customized shopping experience for you, such as recommending products related to your purchases. This may include using your personal information to better tailor and improve the Services.
Marketing and Advertising. We use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message (including SMS and RCS), or postal mail, and to show you online advertisements for products or services on the Services or other websites, including based on items you previously have purchased or added to your cart and other activity on the Services. For more information about our email and text messaging programs, see our Messaging & Email Privacy Policy and Section 6 of this Privacy Policy.
Security and Fraud Prevention. We use your personal information to authenticate your account, to provide a secure payment and shopping experience, detect, investigate or take action regarding possible fraudulent, illegal, unsafe, or malicious activity, protect public safety, and to secure our services. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password or other access details with anyone else.
Communicating with You. We use your personal information to provide you with customer support, to be responsive to you, to provide effective services to you and to maintain our business relationship with you. This includes communicating with you via SMS and RCS messaging where you have provided consent.
Legal Reasons. We use your personal information to comply with applicable law or respond to valid legal process, including requests from law enforcement or government agencies, to investigate or participate in civil discovery, potential or actual litigation, or other adversarial legal proceedings, and to enforce or investigate potential violations of our terms or policies.
How We Disclose Personal Information
In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:
• With Shopify, vendors and other third parties who perform services on our behalf (e.g. IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
• With email and messaging service providers including Redo Tech (our messaging platform provider), Telnyx (underlying messaging infrastructure for SMS and RCS delivery), and email marketing platforms that help us deliver promotional and transactional communications to you. These providers may process your phone number, message content, delivery status, and engagement data to facilitate message delivery and improve our messaging services. For more details, see our Messaging & Email Privacy Policy and Section 6 of this Privacy Policy.
• With business and marketing partners to provide marketing services and advertise to you. For example, we use Shopify to support personalized advertising with third-party services based on your online activity with different merchants and websites. Our business and marketing partners will use your information in accordance with their own privacy notices. Depending on where you reside, you may have a right to direct us not to share information about you to show you targeted advertisements and marketing based on your online activity with different merchants and websites. You can exercise your rights to opt-out of those uses here: [INSERT OPT-OUT LINK].
• When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations.
• With our affiliates or otherwise within our corporate group.
• In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service or policies, and to protect or defend the Services, our rights, and the rights of our users or others.
Relationship with Shopify
The Services are hosted by Shopify, which collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide and improve the Services for you. In addition, to help protect, grow, and improve our business, we use certain Shopify enhanced features that incorporate data and information obtained from your interactions with our Store, along with other merchants and with Shopify. To provide these enhanced features, Shopify may make use of personal information collected about your interactions with our store, along with other merchants, and with Shopify. In these circumstances, Shopify is responsible for the processing of your personal information, including for responding to your requests to exercise your rights over use of your personal information for these purposes. To learn more about how Shopify uses your personal information and any rights you may have, you can visit the Shopify Consumer Privacy Policy at https://www.shopify.com/legal/privacy. Depending on where you live, you may exercise certain rights with respect to your personal information at the Shopify Privacy Portal at https://privacy.shopify.com/en.
SMS and RCS Messaging Privacy
This section describes our privacy practices specific to our Short Message Service (SMS) and Rich Communication Services (RCS) messaging programs. By opting into our messaging programs, you acknowledge and agree to the collection, use, and disclosure of information as described in this section.
Information We Collect Through Messaging
When you participate in our SMS or RCS messaging programs, we may collect the following information:
• Your mobile phone number
• Your mobile carrier information
• Device type and operating system
• RCS capability status of your device
• Date, time, and method of your opt-in consent
• Message delivery status and timestamps
• Your interactions with messages (such as link clicks)
• Opt-out requests and preferences
RCS-Specific Data
If your device and carrier support RCS messaging, we may additionally collect:
• Read receipts: Information indicating whether and when you have viewed a message
• Typing indicators: Signals that you are composing a response
• Rich media interactions: Your interactions with images, carousels, buttons, and other interactive elements within RCS messages
• Delivery confirmations: Enhanced delivery status information available through RCS
How We Use Messaging Information
We use information collected through our messaging programs to:
• Deliver transactional messages such as order confirmations, shipping updates, and delivery notifications
• Send promotional messages, special offers, and marketing communications (with your consent)
• Respond to your inquiries and provide customer support
• Maintain records of consent and opt-out requests as required by law
• Analyze message engagement to improve our communications
• Ensure proper message delivery and troubleshoot delivery issues
• Comply with legal and regulatory requirements
Sharing of Messaging Information
We may share information collected through our messaging programs with:
• Redo Tech: Our messaging platform provider, which facilitates the delivery and management of our SMS and RCS messaging programs
• Telnyx: The underlying telecommunications infrastructure provider that enables SMS and RCS message transmission
• Mobile carriers: Your wireless carrier may have access to message metadata as part of delivering messages to your device
• RCS platform providers: For RCS messages, Google or other RCS platform operators may process message data to enable rich messaging features
We do not sell your phone number or messaging data to third parties for their own marketing purposes.
Consent and Opt-Out
Your participation in our messaging programs is entirely voluntary. You must provide express consent to receive messages from us. You may withdraw your consent and opt out of our messaging programs at any time by:
• Replying "STOP," "UNSUBSCRIBE," "CANCEL," "END," or "QUIT" to any message
• Emailing us at info@9five.com
• Calling us at 1-833-858-1955
• Managing your preferences in your account settings
After opting out, you will receive a single confirmation message. We will process your opt-out request promptly, typically within 24 hours. Please note that opting out of promotional messages will not affect transactional messages related to your orders unless you specifically request to stop all messages.
Data Retention for Messaging
We retain messaging-related data, including consent records and opt-out requests, for as long as necessary to comply with legal requirements, resolve disputes, and enforce our agreements. Consent records are typically retained for at least four (4) years from the date of consent or opt-out to comply with applicable regulations, including the Telephone Consumer Protection Act (TCPA).
Contact for Messaging Privacy Questions
If you have questions about our messaging privacy practices, please reply "HELP" to any message or contact us at info@9five.com.
Cookies and Tracking Technologies
We use cookies and similar tracking technologies to collect information about your browsing activities and to distinguish you from other users of our Services. This helps us provide you with a good experience when you browse our Services and also allows us to improve our Services.
What Are Cookies?
Cookies are small data files that are placed on your computer or mobile device when you visit a website. Cookies are widely used by website owners to make their websites work, or to work more efficiently, as well as to provide reporting information.
Types of Cookies We Use
• Essential Cookies: Required for the operation of our Services. They include, for example, cookies that enable you to log into secure areas, use a shopping cart, or make use of e-billing services.
• Analytical/Performance Cookies: Allow us to recognize and count the number of visitors and to see how visitors move around our Services. This helps us improve the way our Services work.
• Functionality Cookies: Used to recognize you when you return to our Services and to remember your preferences.
• Targeting/Advertising Cookies: Record your visit to our Services, the pages you have visited, and the links you have followed. We will use this information to make our Services and the advertising displayed on it more relevant to your interests.
Your Cookie Choices
Most web browsers allow you to control cookies through their settings preferences. However, if you limit the ability of websites to set cookies, you may worsen your overall user experience.
Third Party Websites and Links
The Services may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.
Children's Data
The Services are not intended to be used by children, and we do not knowingly collect any personal information about children under the age of majority in your jurisdiction. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted. As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined in applicable law) personal information of individuals under 16 years of age.
Security and Retention of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." In addition, any information you send to us may not be secure while in transit. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide you with Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.
Your Rights and Choices
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
Right to Access / Know. You may have a right to request access to personal information that we hold about you.
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 a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
Right to Opt out of Sale or Sharing for Targeted Advertising. Depending on where you reside, you may have a right to opt out of the "sale" or "share" of your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined in applicable privacy laws. You can exercise your rights to opt-out of those uses here: [INSERT OPT-OUT LINK]. Please note that if you visit our website with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt-out for the device and browser that you use to visit the website. If we are able to associate the device sending the signal to a Shopify account, we will apply the opt out request to the account as well. To learn more about Global Privacy Control, you can visit https://globalprivacycontrol.org/. Other than the Global Privacy Control, we do not recognize other "Do Not Track" signals that may be sent from your web browser or device.
Managing Communication Preferences. We may send you promotional emails and text messages (including SMS and RCS), and you may opt out of receiving these at any time:
• Email: Use the unsubscribe link in any promotional email we send you
• Text Messages (SMS and RCS): Reply "STOP" to any promotional text message from 9FIVE
• Account Settings: Manage your messaging preferences in your account settings
If you opt out, we may still send you non-promotional communications, such as those about your account or orders that you have made. For more information, see our Messaging & Email Privacy Policy and Messaging & Email Terms of Use.
If you reside in the UK or European Economic Area, and subject to exceptions and limitations provided by local law, you may exercise the following rights in addition to the rights outlined above:
Objection to Processing and Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information for certain purposes.
Withdrawal of Consent: Where we rely on consent to process your personal information, you have the right to withdraw this consent. If you withdraw your consent, this will not affect the lawfulness of any processing based on your consent before its withdrawal.
You may exercise any of these rights where indicated on the Services or by contacting us using the contact details provided below. To learn more about how Shopify uses your personal information and any rights you may have, including rights related to data processed by Shopify, you can visit https://privacy.shopify.com/en.
We will not discriminate against you for exercising any of these rights. We may need to verify your identity before we can process your requests, as permitted or required under applicable law. In accordance with applicable laws, you may designate 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. We will respond to your request in a timely manner as required under applicable law.
Complaints
If you have complaints about how we process your personal information, please contact us using the contact details provided below. Depending on where you live, you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority. For the EEA, you can find a list of the responsible data protection supervisory authorities at https://edpb.europa.eu/about-edpb/board/members_en.
International Transfers
Please note that we may transfer, store and process your personal information outside the country you live in.
If we transfer your personal information out of the European Economic Area or the United Kingdom, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on this website, update the "Last updated" date and provide notice as required by applicable law.
Contact
Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call or email us at info@9five.com or contact us at:
9FIVE Eyewear
2163 Logan Ave
San Diego, CA 92113
United States
For the purpose of applicable data protection laws, we are the data controller of your personal information.