The90 Privacy Policy

Effective Date: May 1, 2026

The90’s Commitment to Privacy

At The90, Inc. ("The90," "we," "us," "our"), we value your privacy. Our goal is to provide you with information about our products, offers, and developments. We understand the importance of your personal data and believe you should be in control of it. This Privacy Policy (“Policy”) explains how we handle the limited personal data we collect through our informational and prerelease website www.the90.com ("Site").

About This Policy

This Policy applies when you visit our Site and voluntarily provide us with your email address. It describes what information we collect, why we collect it, and how you can manage it.

What Personal Data Does The90 Process and what is the Source? 

  • What We Collect: Currently, the only personal data The90 collects is your email address and phone number for optional SMS messaging.

  • Data Source: We collect your email address and phone number, directly from you when you choose to provide it to us through a sign-up form on our Site.

Why Does The90 Process Your Personal Data?

We collect and process your personal data for the following specific and limited purposes:

  • To Communicate with You: To send you emails and texts you requested, such as newsletters, updates about The90, information about upcoming products or services, and marketing communications related to our brand.

  • To Improve Our Site: We may process anonymized or aggregated data about Site visits to understand how users interact with our Site and improve its functionality and personalize your user experience. (See "Use of Cookies" below).

  • To Comply with Legal Obligations: We may process data if we believe its reasonably required by applicable laws or regulations, or to respond to valid legal requests.

Legal Basis for Processing

  • Consent: We process your email address based on the consent you provide when you voluntarily sign up through our Site to receive communications from us. You can withdraw this consent at any time (see "Your Rights" below).

  • Legitimate Interest: We may rely on legitimate interest for activities like analyzing website traffic (using anonymized data) to improve our Site or managing the technical aspects of our email list, while always respecting your privacy rights.

Data Sharing and Transfers

  • Service Providers: We may share your email address with third-party service providers who help us operate our business and Site, specifically for purposes like:

    • Operating our Site 

    • Developing or improving our services and products

    • Sending emails (e.g., using an email marketing platform like Mailchimp, Klaviyo, SendGrid).

    • Hosting our Site.

    • Analyzing website traffic (often using aggregated or anonymized data).


  • Legal Requirements: We may disclose your data if we believe it’s reasonably required by law, response to valid legal processes, or to protect the property and interests of The90 and its users and customers.

  • Business Transfers: We may also disclose your data to a third party as part of reorganization, a sale of our assets, insolvency or bankruptcy. 

  • International Transfers: Our service providers may be located outside of your country of residence. If or when we transfer data internationally, we rely on appropriate safeguards as required by law (such as standard contractual clauses or the provider's participation in recognized data transfer frameworks) to protect your information.

Third Party Links and Social Plugins

We may use third party links or social plugins on our Site that allow you to interact with third-party social networks such as Google, Meta, or Apple, or other third-party websites. These interactions are governed by the privacy policies of the social media networks and third-party websites visited and not by our Policy.

Marketing Emails 

If you no longer want to receive marketing-related emails or newsletters from us, you can opt-out by clicking the “unsubscribe” link at the bottom of any marketing email you receive from us. You may still receive other emails and non-marketing related messages from us that are necessary for our services, like sending you an order confirmation or launch date for our products. If you are having difficulty unsubscribing from our marketing emails using the above method, please contact us directly by email. 


By providing your phone number, you consent and agree to receive SMS text customer services and marketing messages from The90. Message frequency depends on the offers we provide. Reply HELP for help, and STOP to cancel. Messaging and Data Rates May Apply. 


We may disclose your SMS opt-in or consent status, with third parties that help us provide our messaging services and send the text messages. We will not share or sell your phone number, your opt-in to the SMS with unaffiliated third parties for their direct marketing purposes or for purposes unrelated Site. You may opt out of receiving SMS text marketing messages by texting “STOP” at the end of any message you receive, or you can contact us at privacy@the90.com.


Safeguarding Your Data

The90 uses reasonable technical and organizational measures designed to protect the email addresses we collect. This includes working with reputable service providers who implement security safeguards. Access to your email address is limited to personnel who need it to perform their job functions (e.g., sending newsletters).

Data Retention

We retain your email address for as long as you remain subscribed to our communications or as long as needed to fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law (e.g., for legal record-keeping). You can request deletion of your email address at any time (see "Your Rights").

Use of Cookies

Our Site may use cookies (small text files stored on your device) or similar technologies. These may be used for:

  • Essential Functionality: To make the Site work properly.

  • Analytics: To help us understand how visitors use our Site including which pages you visit, and whether you experience any errors.  (e.g., using Google Analytics). This is typically done using aggregated or anonymized data.

  • Advertising Marketing: We may use cookies for advertising or marketing purposes, subject to applicable laws and consent requirements. These cookies help us customize your experience on the Site and to tailor marketing to your interests. This information may be shared with third parties for marketing purposes.

You can usually manage cookie preferences through your web browser settings. You may also opt out by clicking on the cookie settings.  Refusing some cookies may affect Site functionality. 

Do Not Track Signals

The Site does not respond to browsers’ Do Not Track signals. We honor the Global Privacy Control signal.

Your Rights as a Data Subject

Depending on your location, you may have certain rights regarding your personal data:

  • Right to Access: You can ask us what personal data we hold about you.

  • Right to Data Portability: You can ask that we provide your personal data in a portable readily usable format (to the extent possible). 

  • Right to Rectification: You can ask us to correct your email address if it's inaccurate.

  • Right to Erasure (Deletion): You can request that we delete your email address. We will comply unless we have a legal reason to keep it.

  • Right to Opt Out: You can opt out of targeted advertising, the sale of your personal data or limited sharing of your personal data, and profiling in furtherance of decisions that produce legal or similarly significant effects.

  • Right to Appeal. If you make a privacy rights request and we deny it, you have the right to appeal that decision. 


We respect your privacy and will never discriminate against you for exercising your privacy rights.

To exercise these rights, please contact us using the information below or submit a request via this cookie opt-out form. We will respond to verifiable requests as required by applicable law.

Additional Rights for California Residents

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@the90.com.

Children's Privacy

Our Site is not intended for nor targeted to children under the age of 13, and we do not knowingly collect, maintain or use personal data from children under the age of 13. If we learn that a child under the age of 13 has provided us with personal data, then, we will take reasonable steps to delete that information as quickly as possible.

Changes to This Policy

We may update this Policy from time to time. We will post any changes on this page with a new effective date. If the changes are significant, we may provide more prominent notice (like via email to our subscribers). Your continued use of our Site or subscription after changes means you accept the revised Policy. We encourage you to read this Policy periodically.

Our Contact Information

If you have any questions about our Policy, please contact us at privacy@the90.com.