S&M BARGAIN CITY, INC.

IMPORTANT: By providing your mobile phone number and opting in to receive text messages from S&M Bargain City, Inc., you agree to the terms described in this Privacy Policy. Standard message and data rates may apply.

1. Introduction and Scope

S&M Bargain City of Texas, Inc., doing business as S and M Family Outlet ("Company," "we," "us," or "our"), is committed to protecting your privacy. This Privacy Policy describes how we collect, use, disclose, and safeguard personal information we receive from visitors to our website at sandmfamilyoutlet.com (the "Site"), customers of our retail store, and individuals who opt in to our SMS/text messaging program.

This Policy applies to all personal information collected through: (a) the Site; (b) in-store transactions and communications; (c) SMS/text messaging opt-in and communications; and (d) any other interactions you have with us. By using our Site or providing your contact information, you acknowledge and agree to the practices described in this Privacy Policy.

2. Information We Collect

2.1 Information You Provide Directly

We collect personal information that you voluntarily provide to us, which may include:

Full name
Mailing or billing address
Email address
Mobile phone number (when you opt in to our SMS program)
Purchase history and transaction records
Communications you send to us (emails, inquiries, feedback)
Preferences, interests, or other information you voluntarily share

2.2 Information Collected Automatically

When you visit our Site, we may automatically collect certain technical data, including:

IP address and approximate geographic location
Browser type, version, and operating system
Pages visited, time spent on pages, and referring URL
Device type and screen resolution
Cookies and similar tracking technologies (see Section 7)

2.3 Information from Third Parties

We may receive information about you from third-party service providers, advertising partners, or publicly available sources, which we may combine with information we collect directly. We use such combined information only in accordance with this Privacy Policy.

2.4 SMS Opt-In Data

When you opt in to our SMS/text messaging program, we collect your mobile phone number and a record of your opt-in consent, including the date, time, method of opt-in, and the disclosure language presented to you. This information is maintained to demonstrate compliance with applicable law.

IMPORTANT — SMS DATA SHARING: Mobile phone numbers collected through our SMS opt-in program, and any information derived from your text message interactions with us, will NOT be shared with third parties for their own marketing purposes.

3. How We Use Your Information

We use the information we collect for the following purposes:

3.1 Business Operations

Process and fulfill orders and transactions
Respond to your questions, comments, and requests
Maintain your account and purchase records
Provide customer service and support
Administer warranties, returns, and exchanges

3.2 Marketing and Communications

Send you promotional offers, sale announcements, and weekly deals (by email or SMS, with your consent)
Send transactional messages related to your purchases or account
Conduct surveys or request feedback
Notify you of new products, store events, or policy changes

3.3 Site Improvement and Analytics

Analyze how visitors use our Site to improve its functionality and content
Monitor and prevent fraud, abuse, or unauthorized access
Perform research, analytics, and reporting for internal business purposes

3.4 Legal Compliance

Comply with applicable federal, state, and local laws and regulations
Enforce our Terms of Use and other agreements
Respond to legal process, court orders, or government requests
Protect the rights, property, or safety of our company, customers, or others

4. SMS / Text Messaging Privacy Practices

4.1 Collection of Phone Numbers

We collect your mobile phone number only when you expressly and voluntarily provide it for the purpose of receiving text messages from us. We do not collect phone numbers for SMS purposes through passive means, data purchases, or without your knowledge.

4.2 Use of Phone Numbers

Your mobile phone number is used exclusively to:

Send you the promotional, informational, or transactional text messages you consented to receive
Process your STOP, HELP, and other keyword commands
Maintain records of your opt-in and opt-out status for compliance purposes

4.3 No Sale or Sharing of SMS Data

We do not sell, rent, lease, or share your mobile phone number or SMS opt-in data with any third party for their own independent marketing purposes. Period.

We may share your phone number with our SMS platform provider and messaging service operators solely to facilitate the delivery of text messages on our behalf. These service providers are bound by confidentiality obligations and are prohibited from using your data for any other purpose.

4.4 Opt-Out and Data Retention for SMS

When you reply STOP to any message we send, your number is removed from our active send list within 10 business days. We will retain a record of your opt-out (but not actively message you) as required by law to demonstrate compliance with the Telephone Consumer Protection Act (TCPA) and CTIA guidelines. You may request deletion of all your data by contacting us as described in Section 10.

5. How We Share Your Information

We do not sell your personal information. We may share your information in the following limited circumstances:

5.1 Service Providers

We share personal information with third-party vendors and service providers who perform services on our behalf, such as: website hosting, SMS/email delivery platforms, payment processing, analytics, and customer support. These providers are authorized to use your information only to perform services for us.

5.2 Business Transfers

If we are involved in a merger, acquisition, asset sale, or other business transition, your personal information may be transferred as part of that transaction. We will notify you via email or a prominent notice on our Site of any change in ownership and any choices you may have regarding your information.

5.3 Legal Requirements

We may disclose your personal information if required to do so by law, court order, or governmental authority, or if we believe in good faith that such disclosure is necessary to: (a) comply with applicable law; (b) protect our legal rights or defend against legal claims; or (c) protect the safety of our customers, employees, or the public.

5.4 With Your Consent

We may share your information with additional third parties when you give us explicit consent to do so.

6. Data Retention

We retain your personal information for as long as necessary to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law. Specifically:

Customer transaction records are retained for a minimum of 7 years for tax and accounting purposes
SMS opt-in records and consent documentation are retained for a minimum of 5 years to demonstrate TCPA compliance
SMS opt-out records are retained indefinitely to ensure we honor your opt-out choice
Website analytics data is retained for up to 26 months

When personal information is no longer needed, we securely delete or anonymize it.

7. Cookies and Tracking Technologies

Our Site may use cookies, web beacons, and similar tracking technologies to enhance your browsing experience, analyze traffic, and personalize content. Cookies are small data files stored on your device.

We may use the following types of cookies:

Essential Cookies: Required for the Site to function properly
Analytics Cookies: Help us understand how visitors interact with the Site (e.g., Google Analytics)
Marketing Cookies: Used to deliver relevant advertisements and track campaign performance

You may control cookies through your browser settings. Note that disabling certain cookies may affect Site functionality. We do not currently respond to "Do Not Track" browser signals, but you may opt out of analytics tracking by using the Google Analytics Opt-Out Browser Add-on.

8. Data Security

We implement reasonable administrative, technical, and physical safeguards designed to protect your personal information from unauthorized access, use, disclosure, alteration, and destruction. Our security measures include:

Encryption of sensitive data in transit using SSL/TLS protocols
Access controls limiting employee access to personal data on a need-to-know basis
Regular review of our data collection, storage, and processing practices
Contractual security obligations imposed on third-party service providers

No method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee absolute security. In the event of a data breach that affects your rights, we will notify you as required by applicable law.

9. Children's Privacy

Our Site and SMS program are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe we have inadvertently collected information from your child, please contact us immediately at the address in Section 10 and we will promptly delete it.

10. Your Privacy Rights and Choices

10.1 Access and Correction

You have the right to request access to the personal information we hold about you and to request correction of any inaccurate or incomplete information. To do so, contact us using the information in Section 12.

10.2 Deletion

You may request that we delete your personal information. We will honor deletion requests to the extent permitted by law. Note that we may be required to retain certain information for legal, tax, or compliance purposes even after receiving a deletion request.

10.3 Opt-Out of Marketing Communications

You may opt out of marketing communications at any time:

Email marketing: Click the "unsubscribe" link in any marketing email we send
SMS marketing: Reply STOP to any text message from us
Direct request: Contact us at the information in Section 12

Opting out of marketing communications does not affect our ability to send you transactional or legally required communications.

10.4 Texas Privacy Rights

Texas residents may have additional rights under the Texas Data Privacy and Security Act (TDPSA) or other applicable Texas law, including the right to: know what personal data we collect, process, or share; opt out of the sale of personal data; opt out of targeted advertising; and request correction or deletion of personal data. To exercise these rights, please submit a verifiable request using the contact information in Section 12. We will respond within 45 days, with an option to extend by an additional 45 days if necessary.

10.5 Do Not Sell My Information

We do not sell personal information as defined under applicable privacy laws. We do not share mobile phone numbers or SMS opt-in data with third parties for their marketing purposes.

11. Third-Party Links and Services

Our Site may contain links to third-party websites, social media platforms, or services not operated by us. We are not responsible for the privacy practices of those third parties. We encourage you to review the privacy policies of any third-party sites you visit. This Privacy Policy applies solely to information collected by us.

12. Changes to This Privacy Policy

We reserve the right to update or modify this Privacy Policy at any time. When we make material changes, we will update the "Last Updated" date at the top of this document. Where appropriate, we will notify you of significant changes by posting a notice on our Site or, for SMS subscribers, via text message. Your continued use of the Site or our SMS program following any changes constitutes your acceptance of the revised Policy.

13. Contact Us

If you have questions about this Privacy Policy, wish to exercise your privacy rights, or need to report a privacy concern, please contact us:

S and M Family Outlet

Legal Name: S&M Bargain City of Texas, Inc.

Address: [Store Address], [City], TX [ZIP]

Email: info@sandmfamilyoutlet.com

Website: sandmfamilyoutlet.com

To opt out of SMS messages at any time, reply STOP to any text from us. For help, reply HELP or email info@sandmfamilyoutlet.com. We will never sell your phone number or share it with third parties for their marketing.

This Privacy Policy was last reviewed and updated on May 26, 2026.