Last Updated: October 12, 2020
You are encouraged to read this Policy carefully before using the Site, as it describes: (a) what information we gather from you when you access and/or use the Site, (b) how we collect, use, transfer, share, or sell (if applicable) and store that information, and (b) your choices and rights relating to your information.
Table of Contents1. Categories of Information We Collect
2. How Information Is Collected
3. How We Use Your Information
4. Our Information Sharing and Selling Practices
5. How We Store and Protect Your Information
6. Your Choices Relating To Your Information
7. Additional Information For California Residents
8. Additional Information For Nevada Residents
9. Additional Information For European Union Residents
10. Children’s Privacy
11. Exercising Your Rights Under Other Privacy Laws
13. Privacy Questions and Contact Information
- 1. CATEGORIES OF INFORMATION WE COLLECT
The categories of information collected are generally described in this section. We collect specific categories of your information in order to provide you with our products and services, to communicate with you, and to improve your experience when visiting and using our Site.
Information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household is defined as “Personal Information”. Personal Information does not include: (a) publicly available information from government records; (b) de-identified or aggregated consumer information; and/or (c) information otherwise considered excluded from Personal Information by law.
In particular, the Site, or third-parties with whom we work, collects the following categories of information from you, some of which may be considered Personal Information as defined above. While you may decline to provide this information as described in more detail below, this may affect or limit the ability to purchase our products and/or use our Site.
Your name, mailing address, email address, telephone number(s), account or user name, password, social media profile, or other similar identifiers.
Device Identifiers and Usage Data.
Browser type, browser version, and other diagnostic data.
Purchase and financial information.
Transaction details and other information needed to process and fulfill a purchase order, including credit card type, credit card number, expiration date, security code, billing address, and delivery address.
Product and Service Feedback and Reviews.
Your name, user name, email address, and any other content included in any communication provided by you to us.
Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
IP address based on location of device, location data (e.g., city, state, country, zip code).
Inferences drawn from other Personal Information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
- 2. HOW INFORMATION IS COLLECTED
The information listed above is collected in several ways and is described in this section. In short, information is: (a) provided by you directly; (b) collected automatically; and (c) provided by third-parties.
- Information You Provide to Us Directly.
When you visit the Site without creating an account, you can browse without submitting information about yourself. In general, we collect information that you submit to us in the process of creating or editing your account and user profile on the Site, or that you submit to us voluntarily through your use of the Site.
We may also collect information that you provide us when purchasing a product, or communicating with us directly via email or other means.
- Information Collected Automatically.
Please note: If you restrict, disable, or block certain Cookies from your web browser or mobile or other device, the Site may not operate properly, and you may not have access to certain services or parts of the Site. We will not be liable for any interruption in, or inability to use, the Site or our services or degraded functioning thereof, where such are caused by your settings and choices regarding Cookies.
- Information Received From Third-Party Sources.
We also may receive information about you from other, third-party, sources, as described below.
- Social Media Sites. We may collect information from your use of, and interactions with us and others on, social media sites including, but not limited to, Facebook®, Instagram®, Twitter®, Snapchat®, and YouTube® (collectively, “Social Media”). In such cases, please be aware that: (a) the Personal Information that you submit by and through such Social Media can be read, collected and/or used by us (depending on your Social Media privacy settings) as described in this Policy, and (b) where we respond to any interaction with you on Social Media, your account name/handle may be viewable by any and all members or users of our own Social Media accounts. We are not responsible for the Personal Information that you choose to submit or link on any Social Media. Social Media operates independently from us, and we are not responsible for Social Media interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of any Social Media with which you interact to help you understand their privacy practices. If you have questions about the security and privacy settings of any Social Media that you use, please refer to the applicable privacy notices or policies.
- Payment Processors. If you purchase or pay for products or services via the Site, the transaction may be handled by our service providers or third party vendor(s) responsible for processing your payment (“Payment Processors”). These entities have their own privacy policies and those terms will apply to you. Please be sure to review them at the links provided during payment processing.
- Other Third-Parties Analytics Tools. In order to provide you with more tailored recommendations, we may obtain information about you from publicly and commercially available sources, such as third-party publishers, advertising networks, payment processors, product vendors, and service providers that we use to manage our ads on other sites, and other third parties as permitted by law. For more information about the data that we obtain from these providers, please contact us at firstname.lastname@example.org. See also Section 3.3 below concerning interest-based advertising.
- 3. HOW WE USE YOUR INFORMATION
The ways in which we use your information is generally described in this section.
3.1 General “Business Purpose” Uses.
We process Personal Information to operate, improve, understand and personalize our Site, and provide you with products and services (collectively “Business Purposes”). Specifically, the Business Purposes for which we use your Personal Information are as follows:
- To meet or fulfill the reason you provided the information to us.
- To communicate with you about the Site, including product announcements, updates or offers.
- For marketing and promotions, including to check your eligibility for giveaways and competitions and to contact you in the event that you win, and to administer our various promotional programs.
- To personalize your experience and to deliver content and product and service offerings, products, and services relevant to your interests, including offers and advertisements through third-party sites, and via email (with your consent, where required by law).
- To provide support and assistance for your use of the Site and purchase of our products.
- To create and manage your account or other user profiles.
- To personalize website content and communications based on your preferences, including targeted offers and ads served through the Site.
- To process orders or other transactions.
- To respond to user inquiries and fulfill user requests.
- To improve and develop the Site, including testing, research, analysis and product development.
- To protect against or deter fraudulent, illegal or harmful actions and maintain the safety, security and integrity of our Services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our users is among the assets transferred or liquidated.
- For any other Business Purpose stated when collecting your Personal Information, or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act (the “CCPA”).
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
3.2 Account-Related Emails.
When you create an account with us and provide us with your email we may, subject to applicable law, use your email address to send you Site-related notices (including any notices required by law, in lieu of communication by postal mail), updates, news, and marketing messages. For example, when you register, you will receive a welcome email. If the Site or our services are temporarily unavailable, we may also send you an email notice.
Email communications you receive from us will generally provide an unsubscribe link or instructions allowing you to opt out of receiving future emails or to change your contact preferences. If you have an account with us, you can also change your contact preferences by updating your contact information within your account settings. Please remember that even if you opt-out of receiving marketing e-mails, we may still send you important service information related to your account and the Site. If you correspond with us by email, we may retain the content of your email messages, your email address, and our responses.
3.3 Interest-Based Advertising.
To opt out of third-party interest-based advertising technologies, please see the sub-section titled “Opting Out of Interest-Based Advertising” below. And if you would like more information about Advertisers’ practices, please visit http://optout.aboutads.info/#!/.
3.3 Customer Testimonials or Reviews.
We may display personal testimonials of satisfied customers on our Site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at email@example.com.
3.4 Non-Personally Identifiable Information.
We may use non-personally identifiable information, such as anonymized and/or aggregated Site usage data, in any manner that does not identify individual users for the purpose of improving the operation and management of the Site, including to develop new features, functionality, and services, to conduct internal research, to better understand Site usage patterns, to resolve disputes, to troubleshoot problems, to fulfill user requests, or for security and compliance purposes. Any non-personally identifiable information that is combined with Personal Information will be treated by us as Personal Information.
- 4. OUR INFORMATION SHARING AND SELLING PRACTICES
4.1 Sharing of Personal Information.
We may share your Personal Information with one or more of the following entities, and for the following corresponding reasons:
- With Other Third-Parties at Your Consent or at Your Direction. We may disclose your Personal Information to third-parties with your consent, which may be obtained in writing, online, or orally. We may also share your Personal Information with third-parties when you direct us to do so or when you use our products or services to intentionally interact with third-parties (if applicable). Use of the information you agree to share will be subject to those third-parties’ separate privacy policies.
- With Service Providers. We may share your Personal information with certain third-party service providers to provide services to us on our behalf, such as support for the internal operations of our Site, online stores (including payment processors and third-parties we use for sending your orders to your home address), services (e.g., technical support processing), as well as related offline product support services, data storage and other services.
- With Affiliates. We may share your Personal Information with our affiliates, in which case we will require those affiliates to honor this Policy. Affiliates may include any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
- With Certain Business Partners. We may share your Personal Information with our business partners to offer you certain products, services or promotions.
- With other users. When you share Personal Information or otherwise interact in the public areas with other users (e.g., Social Media), such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a Social Media service, your contacts on that Social Media service may see specific Personal Information, such as your name, profile, pictures and description of your activity. Similarly, other users will be able to view descriptions of your activity and view your profile, and further may be able to communicate with you.
- With Law Enforcement or Other Government Entities. We may also disclose your Personal Information if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe necessary or appropriate to disclose Personal Information to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy, to respond to any claims against us, and to protect the rights, property, or personal safety of us, our customers, or the public.
4.2 Sharing of Aggregate / De-Identified Information.
Notwithstanding anything else in this Policy, we may share aggregate or de-identified information with third-parties for research, marketing, analytics and other purposes, provided such information does not identify a particular individual.
- 5. HOW WE STORE AND PROTECT YOUR INFORMATION
We use certain physical, managerial, and technical safeguards designed to preserve the security of your Personal Information that we maintain in connection with your use of the Site. For example, we encrypt all data with secure sockets layer (SSL) or similar technologies when we transmit your data. This, however, does not guarantee that your Personal Information may not be accessed, disclosed, altered, or destroyed by any breach of our physical, technical or managerial safeguards. In the event that any of your Personal Information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and will notify you, as appropriate, in accordance with pertinent laws and regulations.
We, or our third-party hosting providers, store Personal Information in operating environments that are safeguarded against public or unauthorized access and protected from internal access with physical and technical security measures. While these measures are helpful to safeguard your Personal Information after we receive it, no transmission of data over the internet is 100% secure.
- 6. YOUR CHOICES RELATING TO YOUR INFORMATION
Depending on where you reside and the types of information that we collect from you, you have various rights and choices surrounding the collecting, processing, sharing and selling of your Personal Information. Within this section is a list of general rights that you have, with additional rights listed in this Policy below if you are a resident of California, Nevada, or the European Union.
We strive to timely respond to all requests that we receive from individuals who wish to exercise their data privacy and protection rights in accordance with applicable law. You can contact us with your request by sending an email to firstname.lastname@example.org or as otherwise described in this Policy.
6.1 Opting Out of Providing Personal Information or Deleting Account.
Please note that while you can always opt not to disclose Personal Information to us, some Personal Information may be needed to set up an account with us or to take advantage of some features on our Site. You may be able to add, update, or delete information within an account you create. When you update information, however, we may maintain a copy of the unrevised information in our records. You may also request deletion of your account by emailing email@example.com. However, some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally, and we may also retain and continue to use your non-personally identifiable information.
6.2 Online Tracking/Cookie Choices.
Most browsers are initially set up to accept Cookies, but you can reset your browser to refuse certain Cookies or to indicate when a cookie is being sent. However, some features and services of the Site (particularly those that require sign-in) may not function properly if your Cookies are disabled. Similarly, if you choose to delete session objects from our Site, you may not be able to access and use all or part of the site or benefit from some or all of the information or features and services offered. See our Cookies Policy for additional information.
6.3 Opting Out of Interest-Based Advertising.
You can opt-out of certain Interest-Based Advertising activities by doing one or more of the following. Please note that you will need to opt-out of each browser and device for which you desire to apply these opt-out features.
- Third Party Opt-Out.
You can opt-out directly from some third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms by using their opt-out tools. Some of these service providers, and links to their opt-out tools, are:
Google AdWords. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads . Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Facebook Remarketing. Facebook remarketing service is provided by Facebook Inc., and you can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950/. To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217 Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings. For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: https://www.facebook.com/privacy/explanation.
- Industry Opt-Out Tools.
Some Advertising Service Providers or providers of Tracking Tools may participate in the Network Advertising Initiative’s (NAI) Opt-Out Tool (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (DAA) Consumer Choice Page (http://www.aboutads.info/choices/), and you can opt-out of certain services and learn more about your choices by visiting the links included here.
Users in the EU can visit http://www.youronlinechoices.eu/ for more information about your choices and to opt out of participating service providers.
- Web Browser Controls.
You can prevent the use of certain Cookies on a device-by-device basis using the controls in your web browser. These controls can be found in the Tools > Internet Options (or similar) menu for your browser, or as otherwise directed by your browser’s support feature. Through your web browser, you may be able to:
- Delete existing Cookies
- Disable future Cookies
- Set your browser to provide you with a warning each time a cookie or certain other Tracking Tools are being set
- Mobile Opt-Out.
Your mobile devices may offer settings that enable you to make choices about the collection, use, or transfer of mobile app information for Interest-Based Advertising. You may also opt-out of certain Cookies on mobile devices by installing the DAA’s AppChoice app on your mobile device (for iTunes, visit https://itunes.apple.com/us/app/appchoices/id894822870?mt=8, for Android, visit https://play.google.com/store/apps/details?id=com.DAA.appchoices&hl=en). For more information, please visit http://support.apple.com/kb/HT4228, https://support.google.com/ads/answer/2662922?hl=en or http://www.applicationprivacy.org/expressing-your-behavioral-advertising-choices-on-a-mobile-device, as applicable.
6.4 Do Not Track.
Some web browsers incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have the user’s online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about that browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many websites, including the Site, do not respond to DNT signals.
- 7. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS
If you are a California resident, you have the rights outlined in this section, and in accordance with the California Consumer Privacy Act (“CCPA”). Please see the “Exercising Your Rights” sub-section below for instructions regarding how to exercise these rights. If there are any conflicts between this section and any other provision of this Policy and you are a California resident, the portion that is more protective of your Personal Information shall control. If you have any questions about this section or whether any of the following applies to you, please contact us at firstname.lastname@example.org.
7.1 Right to Access
You have the right to request certain information about our collection and use of your Personal Information over the past 12 months. Assuming verification of your identity, we will provide you with the following information:
- The categories of Personal Information that we have collected about you.
- The categories of sources from which that Personal Information was collected.
- The business or commercial purpose for collecting or selling your Personal Information.
- The categories of third-parties with whom we have shared your Personal Information.
- The specific pieces of Personal Information that we have collected about you.
- If we have disclosed your Personal Information for a business purpose over the past 12 months, we will identify the categories of Personal Information shared with each category of third party recipient.
If we have sold your Personal Information over the past 12 months, we will identify the categories of Personal Data purchased by each category of third party recipient.
7.2 Right to Deletion
You have the right to request that we delete the Personal Information that we have collected from you (or your household). Note that this deletion right does not include Personal Information we have collected from third-party sources. Furthermore, under the CCPA, this deletion right is subject to certain exceptions: for example, we may need to retain your Personal Information to provide you with services or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request.
7.3 Exercising Right To Access and/or Right to Deletion
If you are a California resident, and to exercise the rights described above, you (or someone acting under your express authorization) must send us a request that (a) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Information, and (b) describes your request in sufficient detail to allow us to understand, evaluate, and respond to it. If someone is submitting a request on your behalf, they must further (c) provide proof that they are authorized to act for you in this regard.
Each request that meets both of these criteria will be considered a “Valid Request”. We may not respond to requests that do not meet these criteria. We will only use Personal Information provided in a Valid Request to verify you and complete your request. You do not need an account to submit a Valid Request.
We will work to respond to your Valid Request within 45 days of receipt. If we are not able to respond to your request within 45 days, we will let you know that we may need additional time to respond, up to 90 total days. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request by:
Emailing us at: email@example.com
By Phone: 844-479-7368
7.4 Right to Opt-Out of “Sale” of Personal Information
The CCPA defines “sale” to include sharing or disclosing personal data with a third-party for monetary or other valuable consideration. This may include when we share information about you that is associated with device identifiers with third-parties for targeted advertising purposes, and as generally described above.
There are circumstances where sharing of personal data with third-parties is not considered to be a sale. For example, we may share personal data with service providers who work on our behalf if the service provider agrees not to use that personal data for other purposes. In addition, you may intentionally direct us to share information with a third-party, which is also not a sale.
We provide the “Do Not Sell My Personal Information” link to comply with the CCPA. We give you the option to opt-out of these sales at any time by following the link below:
Once you have submitted an opt-out request, we will not ask you to reauthorize the sale of your Personal Information for at least 12 months. However, you may change your mind and opt back in to Personal Information sales at any time by emailing us at: firstname.lastname@example.org.
To the extent your request comes from a third-party, we have the right to request proof from that third-party that they are authorized to act on your behalf.
7.5 The Sale of Personal Information of Children (16 years old and younger)
We will not knowingly sell the Personal Information of a child 16 years old or younger without first obtaining the required authorizations. Specifically:
- Children Between 13 and 16 Years of Age. If you are between 13 and 16 years of age, you must authorize us to sell your Personal Information, which you may do by emailing us at: email@example.com.
- Children Under 13 Years of Age. If you are under 13 years of age, your parent or guardian must authorize us to sell your Personal Information, which your parent or guardian may do by emailing us at: firstname.lastname@example.org.
7.6 No Discrimination For Exercising Your Rights
We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our services as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates, or levels of quality of the goods or services you receive related to the value of Personal Information that we receive from you.
7.7 California Shine The Light Law
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to obtain from us once a year, free of charge, a list of third-parties to whom we have disclosed Personal Information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail with “California Privacy Rights” in the subject line to email@example.com.
- 8. ADDITIONAL INFORMATION FOR NEVADA RESIDENTS
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. You can exercise this right by contacting us at firstname.lastname@example.org with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.
Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
We will respond to verified requests within 60 days after we receive the request and may need to extend our response by up to 30 days.
- 9. ADDITIONAL INFORMATION FOR EUROPEAN UNION RESIDENTS
If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
For this section, we use the term “processing” as it is defined in the GDPR, but “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. We will be the controller of your Personal Information processed in connection with your access and visiting of the Site.
If there are any conflicts between this section and any other provision of this Policy, the policy or portion that is more protective of Personal Information shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at email@example.com.
9.1 Personal Information We Collect
The “Categories of Information We Collect” section above details the Personal Information that we collect from you.
9.2 Personal Information Use and Processing Grounds
The “How We Use Your Personal Data” section above explains how we use your Personal Data.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
- Personal identifiers.
- Customer records identified by state law.
- Commercial information.
- Wellness and exercise data.
- Special categories of data under the EU General Data Protection Regulation.
- Personal Data about children under the age of 16.
- Legitimate Interest. We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
- Personal identifiers.
- Customer records identified by state law.
- Protected classification characteristics under state or federal law.
- Commercial information.
- Wellness and exercise data.
- Internet or other similar network activity information.
- Geolocation data.
- Inferences drawn from other personal information
- Age or date of birth.
- Special categories of data under the EU General Data Protection Regulation.
- Personal Data about children under the age of 16.
Examples of these legitimate interests include:
- Operation and improvement of our business, products and Services
- Marketing of our products and Services
- Provision of customer support
- Protection from fraud or security threats
- Compliance with legal obligations
- Completion of corporate transactions
- Consent. In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection. Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
9.3 Sharing and/or Selling of Personal Information
The section above titled “Our Information Sharing and Selling Practices” details how we share and/or sell your Personal Information with third-parties.
EU DATA SUBJECT RIGHTS REGARDING PERSONAL DATA
You have certain rights with respect to your Personal Information, including those set forth below. For more information about these rights, or to submit a request, please email firstname.lastname@example.org Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Information, if necessary to verify your identity and the nature of your request.
- Access. You can request more information about the Personal Information we hold about you and request a copy of such Personal Information. You can also access certain of your Personal Information by logging into your account.
- Rectification. If you believe that any Personal Information we are holding about you is incorrect or incomplete, you can request that we correct or supplement such information. You can also correct some of this information directly by logging into your account.
- Erasure. You can request that we erase some or all of your Personal Information from our systems.
- Withdrawal of Consent. If we are processing your Personal Information based on your consent (as indicated at the time of collection of such information), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Information, if such use or disclosure is necessary to enable you to utilize some or all of our Site.
- Portability. You can ask for a copy of your Personal Information in a machine-readable format. You can also request that we transmit the information to another controller where technically feasible.
- Objection. You can contact us to let us know that you object to the further use or disclosure of your Personal Information for certain purposes, such as for direct marketing purposes.
- Restriction of Processing. You can ask us to restrict further processing of your Personal Information.
- Right to File Complaint. You have the right to lodge a complaint about our practices with respect to your Personal Information with the supervisory authority of your country or EU Member State.
9.4 Transfer of Personal Information
The Site is hosted and operated in the United States (“U.S.”) through us and our service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By accessing and using the Site, you acknowledge that any Personal Information about you, regardless of whether provided by you or obtained from a third-party, is being provided to us in the U.S. and will be hosted on U.S. servers, and you authorize us to transfer, store and process your information to and in the U.S., and possibly other countries.
You hereby consent to the transfer of your data to the U.S. pursuant to EU-U.S. Privacy Shield Framework, the details of which are further set forth below: (i) a data processing agreement incorporating standard data protection clauses promulgated by the European Commission, a copy of which can be obtained at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32010D0087, (ii) binding corporate rules for data protection that align with the GDPR’s requirements, or (iii) adherence to an industry- or technology-specific approved code of conduct blessed by the European Commission.
We certified to the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection and use of Personal Information transferred from the EU to the U.S. For more information about the Privacy Shield Program, and to view our certification, please visit www.privacyshield.gov.
We are committed to the Privacy Shield Principles of (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third-party processing Personal Information on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). Our compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
Please contact us at email@example.com with any questions or concerns relating to our Privacy Shield Certification. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States. You can visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.
9.5 Questions About This Policy for EU Residents Under GDPR
If you have any questions about this section or our data practices generally, please contact us using the following information:
- General questions, suggestions, or concerns about this Policy, or about use of your information, please contact us email at firstname.lastname@example.org or by mail at:
ATTN: Data Protection Officer
5900 Sea Lion Place
Carlsbad, Ca 92010
- 10. CHILDREN’S PRIVACY
We greatly respect to privacy of children and their information, and do not knowingly collect the Personal Information of children under the age of 13 (a “Child”) without the prior consent of their parent or legal guardian. This section outlines our policies and practices of the collection of a Child’s Personal Information.
10.1 Parental Consent Prior to Collection
When we knowingly collect a Child’s Personal Information, we will ask that Child's parent or legal guardian for consent before we collect it, unless the request falls within an exception under the Children’s Online Privacy Protection Act (“COPPA”) or other law on this subject.
When prior parental consent is required, we will ask for it in ways allowed by COPPA. For example, if the Child’s Personal Information will be used only by us, we may ask for the parent's (or legal guardian’s) consent by email. While we do not currently, and do not expect to, use Child’s Personal Information in this manner, if a Child’s Personal Information would be disclosed on our Site or shared with a third-party besides a service provider, we would obtain a higher level of consent from the parent (or legal guardian), such as by a form to be returned via U.S. mail or electronic scan, or consent obtained in connection with a credit card purchase.
10.2 Parental Choices and Controls Under COPPA
If you are a parent (or legal guardian) who has given consent as described above, you can ask us to:
- Allow you to review your Child’s Personal Information;
- Deactivate your Child's Site account;
- Revoke any consent you have given for your Child;
- Delete the Child’s Personal Information we have collected; and
- Stop collecting your Child’s Personal Information.
To make these requests, or if you have any other questions about our policies or practices regarding the collection, use, sharing or disclosure of a Child’s Personal Information, you may contact us at:
By Phone: 844-479-7368
By E-mail: email@example.com
By Postal Address: PowerDot
5900 Sea Lion Place, Suite 100
Carlsbad, Ca 92010
- 11. EXERCISING YOUR RIGHTS UNDER OTHER PRIVACY LAWS
Please be aware that we are headquartered in the United States. The Site is governed by United States law. If you are using any of our products or services from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located. The United States might not offer the same level of privacy protection as the country where you reside or are a citizen. By using the Site, communicating with us via mail, email or telephone, or otherwise providing information to us, you consent to the transfer to, and processing of, your information in the United States.
If you would like to exercise a right under a different privacy law, please contact us at firstname.lastname@example.org.
Because our privacy practices and privacy law necessarily evolve over time, we reserve the right to revise this Policy from time to time in our sole discretion, upon notice to you such as by posting updated Policy on the Site, sending you an email to your account email, or by any other reasonable means. You should periodically review this Policy to ensure that you are familiar with the most current version. Your continued use of the Site after the date posted above will constitute your acceptance of the updated Policy.
- 13. PRIVACY QUESTIONS AND CONTACT INFORMATION
If you have any questions or comments about this Policy, including the ways we collect and use your information as described in this Policy, your choices and rights regarding such use, or wish to exercise your rights under laws that apply to you, please contact us in any of the following ways:
By Phone: 844-479-7368
By E-mail: email@example.com
By Postal Address: PowerDot
5900 Sea Lion Place, Suite 100 Carlsbad, Ca 92010