TERMS OF SERVICE
Last updated 11/18/2021
Welcome to the Body by Raven Tracy website, bodybyraventracy.com (the “Site”). The Site is operated by BODY, Inc. dba Body By Raven Tracy (“Body by Raven Tracy”). By accessing or using our Site you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service"), regardless of whether you are a registered user of the Site. If you do not agree to these Terms of Service, then do not use the Site.
THESE TERMS OF SERVICE CONTAIN, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. PLEASE READ THE MISCELLANEOUS SECTION BELOW FOR ADDITIONAL INFORMATION.
These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms or other documents that are inconsistent with these Terms of Service. Company may modify or update these Terms of Service at any time by posting the amended terms on the Site and such terms shall be effective for all use of the Site and Services (as defined below) once they are posted. Your continued access to the Site and/or use of the Site or the Services provided on the Site following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. Company, in its sole discretion, may also add, delete or change some or all of the features of the Site or Company's Services at any time.
As used herein, “User” or "Users" means anyone who accesses and/or uses the Site.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
1. Description of the Services
2. Collection of Customer Data
If you wish to purchase products from the Site or obtain information regarding the Services, we or our e- commerce provider will obtain contact and payment information from you (“Customer Data”). Certain payment and processing options may direct you away from the Site to a third-party site.
By providing Customer Data, you agree: (i) to these Terms of Service; (ii) to provide true, accurate, current and complete Customer Data; (iii) to maintain and promptly update the Customer Data to keep it true, accurate, current and complete; (iv) for security reasons, to maintain the confidentiality of Customer Data; (v) to ensure that you properly exit from your account at the end of each session and to immediately notify Company of any unauthorized use of your account or any other breach of security; and (vi) to take full responsibility for all activities that occur under any customer account created for your use.
Company is not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or to which you do not have rights, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
This Site is intended solely for Users who are at least 18 years of age or older, and any registration by, use of or access to the Site by anyone who is not at least 18 years of age is unauthorized, unlicensed and in violation of these Terms of Service. By using the Services or the Site, you represent and warrant that you are at least 18 years of age or older, and that you agree to abide by all of the terms and conditions of these Terms of Service. If you violate any of these Terms of Service, or otherwise violate an agreement between you and us, or for any other reason, the Company may terminate your registration and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Services or the Site (or any portion, aspect or feature of the Services or the Site), at any time in its sole discretion. You agree that the Company will not be liable to you or any third party for any termination of your membership, account, or use of or access to the Site or the Services.
4. Proprietary Rights
Company retains all right, title and interest in and to the Services, as well as all data, information, content and materials provided on the Services. Company further retains all right, title and interest in and to the business processes, procedures, methods and techniques used within the Services and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world ("Intellectual Property") to such Services. All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are our proprietary property with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
5. Content of Site and Products
While we try to maintain the accuracy of the Site, we are not responsible if information on the Site is not accurate, complete or current. Any reliance on the material on this Site is at your own risk. Prices and descriptions for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site or the Services.
Information on the Site regarding our products may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site, including, without limitation, pricing information, except as required by law. No specified update to the Site should be taken to indicate that all the information on the Site has been modified or updated.
Products available through the Site are subject to our Return Policy. Certain products may be available in limited quantities. Although we have made every effort to display as accurately as possible the colors and images of our products that appear on the Site, we cannot guarantee that your device or computer monitor’s display of any color will be accurate. We reserve the right to limit the quantities of any products that we offer and to discontinue any product at any time.
We reserve the right to refuse any order you place with us and, in our sole discretion, may limit or cancel quantities purchased per person or per order. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers, or distributors.
6. Content Submitted by Users
By providing information through the Site, including any product reviews, photographs, comments or other submissions (“Submission”), you certify that your Submission consists of original material to which you have all the rights; that your Submission does not violate the rights of any third party, including, without limitation, copyright, trademark, patent, privacy or any rights creating claims for idea misappropriation or the right of publicity; that your Submission does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene or that is known to be false; and that your Submission does not include any private or personally identifiable information regarding any third party.
By providing your Submission, you grant the Company a non-exclusive, perpetual, irrevocable, transferable and sublicensable worldwide right and license to use, reproduce, modify and otherwise exploit your Submission, with or without attribution, and hereby waive all moral rights therein; without limiting the foregoing, you further acknowledge and agree that any Submission will not be returned or kept confidential; that the Company is not obligated to use or pay you for the Submission; that the Company may publish the Submission in perpetuity in all markets worldwide and in any and all media now known or hereafter discovered, including the Site; that the Company may edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service; that the Submission may be edited for length, clarity and/or functionality; that we may display your name in conjunction with the Submission; and that your Submission may be shared with legal authorities if the Company believes it is warranted or appropriate, or pursuant to a legal request.
7. Referral Program
The Company may at its discretion provide you with the opportunity to refer customers to the Company (“Referral Program”). In submitting referrals to the Company, you acknowledge that you have the right to make such referrals, that your referrals do not violate the privacy or other rights of third parties, and that your referrals do not violate any of these Terms of Service. You further acknowledge that the Company in its sole discretion may terminate the Referral Program at any time. If the Company terminates the Referral Program, it will have no obligation to compensate you for any referrals and your right to make referrals will terminate.
8. Prohibited Conduct
You agree to use the Site and Services only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable laws, rules and regulations.
You may not:
9. Linked Sites
10. SMS/Text Messaging
The Body by Raven Tracy mobile message service (the "Service") is operated by BODY, Inc. (“Body by Raven Tracy”, “we”, “us”, or “our”)
To join, text BODYBABE to 31996 to receive promotional alerts from Body by Raven Tracy or opt-in via sign-up form by entering your phone number and clicking the call to action button.
If you opt into Marketing messages, you will receive marketing and promotional messages. This service will be sent from Body by Raven Tracy via text messages through your wireless provider to the mobile number you provided.
If you choose to receive from or send to Company any text messages, Company will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details. Please note carriers are not liable for delayed or undelayed messages).
If you are experiencing issues with the messaging program you can reply with the word “HELP” or contact us directly at firstname.lastname@example.org.
At your option, you may communicate through text messages regarding your orders and our products. You may withdraw permission to communicate with you by text message at any time by texting “STOP” to 31996. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Body by Raven Tracy . Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Carriers are not liable for delayed or undelivered messages. Message frequency varies. Standard message and data rates may apply from your wireless provider. Text messages may be sent using an automatic telephone dialing system or other technology.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice https://bodybyraventracy.com/pages/privacy-policy.
For more information or assistance, reply “HELP” to 31996 or contact us at email@example.com.
YOU UNDERSTAND THAT THE PROCESSING AND TRANSMISSION OF COMMUNICATIONS RELATING TO THE USE OF THE SITE OR THE SERVICES, INCLUDING YOUR DATA, MAY INVOLVE TRANSMISSIONS OVER VARIOUS NETWORKS AND CHANGES TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF CONNECTING TO VARIOUS NETWORKS OR DEVICES. THEREFORE, YOU AGREE THAT COMPANY WILL NOT BE LIABLE FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY DATA, INFORMATION OR CONTENT TRANSMITTED BY YOU THROUGH THE SITE.
WHILE WE HAVE ENDEAVORED TO CREATE A SECURE AND RELIABLE SITE, THE COMPANY IS NOT RESPONSIBLE FOR THE SECURITY OF INFORMATION TRANSMITTED VIA THE INTERNET, THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR FOR THE CONSEQUENCES OF ANY RELIANCE ON SUCH INFORMATION. YOU MUST MAKE YOUR OWN DETERMINATION AS TO THESE MATTERS. THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES AS A RESULT OF ANY DELAY OR OTHER FAILURE OF PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF CUSTOMER OR ANY OF ITS REPRESENTATIVES, ACTS OF MILITARY OR CIVIL AUTHORITIES, FIRE OR OTHER CASUALTY, STRIKES, LOCKOUTS, WEATHER, EPIDEMIC, WAR, RIOT, TERRORISM, TELECOMMUNICATIONS INTERRUPTIONS OR COMPUTER VIRUSES. THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS.
12. Limitation on Liability
IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ITS LICENSORS, TOGETHER WITH ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS (THE “COMPANY PARTIES”), BE LIABLE (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY'S AND COMPANY PARTIES’ COLLECTIVE AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AGGREGATE OF THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES OR (B) $100.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold Company and its affiliates, together with its and their respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys' fees and costs including any incurred in enforcement of this provision) arising out of (i) your use or misuse of the Site or the Services, (ii) your breach or alleged breach of these Terms of Service, and (iii) your violation of any law, rule, regulation or violation of any rights of others in connection with your use of the Site or the Services.
You agree that Company, in its sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of your account, the Company may delete and/or store, in its discretion, data associated with your use of the Site. In the event of termination, the Company has no further obligations to you.
These Terms of Service constitute the entire agreement between you and Company with respect to your access and use of the Site and the Services and supersedes all prior and contemporaneous agreements between you and Company. If any of the provisions of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The provisions of Sections 3-8, and 11-15 shall survive any termination of these Terms of Service.
This Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
The laws applicable to the interpretation of these Terms of Service shall be the laws of the State of California, and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, California.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Company or its successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
To the fullest extent permitted by applicable law, you and the Company must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR THE COMPANY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor the Company may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
The Company may assign these Terms of Service at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer these Terms of Service. If any provision of this Terms of Service is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of these Terms of Service, including receipt of spam from a user, contact the Company at: firstname.lastname@example.org with “Terms of Service” in the subject line of your email.
Last Updated on 11/1/2021
What Information Is Collected
Types of Information
We may collect the following types of Information through our Services:
(1) “Personal Data” such as your name, e-mail address and phone number, account or mailing address, and other information that can be used to directly identify and contact you (which, in some cases, may include certain Device Information or information from the signature block of your e-mail);
(2) “Device Information” which is information relating to the computer or device you are using when you access our Services, such as your computer’s IP address, your mobile device identifiers (including Apple IDFA or an Android Advertising ID), the type of browser and operating system you are using, the identity of your internet service provider, and your device and browser settings.
(3) “Usage Data” which is data related to your use of the Services such as the pages you visit, the sites you use before or after visiting ours, your actions within the Services, the type of content or advertisements you have accessed, seen, forwarded and/or clicked on, Wi-Fi connections, date and time stamps, log files, and diagnostic, crash, website, and performance logs and reports.
As described in more detail below, we collect Personal Data only when you provide it to us but may collect other types of Information whenever you use our Services through automated means such as software developer kits, cookies and web beacons (which are discussed in more detail below).
You may enter the Website and browse its content without submitting any Personal Data. However, we will need to collect relevant Personal Data to provide you with certain services offered by the Services, including if you choose to create an account on our website, contact us or otherwise communicate with us in any way, subscribe or opt in to our newsletter, alerts, or other communications, subscribe or opt in to SMS messages, sign up for product waitlists, participate in a contest or promotion, order our products, submit product reviews, questions, feedback or user comments, complete an optional survey, contact customer service or otherwise interact with the Services.
We use the Personal Data that we collect to respond to your requests, communicate with you regarding the Services and our content, send you promotional or marketing communications, guard against potential fraud, provide product information, se
Device Information & Usage Data
Whether or not you submit Personal Data, any time you visit our Services, we or our service providers may collect, store or accumulate certain Device Information and Usage Data. This Information may be used in furtherance of the purposes described above with respect to Personal Data and in aggregate form for internal business purposes, such as optimizing the Services, evaluating the popularity of content, generating statistics and developing marketing plans, and otherwise for general administrative, analytical, research, optimization, and security purposes.
Information to and from Social Networks
How We Use Your Information
In no event will we disclose, rent, sell or share any of your Personal Data to third parties for direct marketing purposes. We only share your Information with third parties for the purposes described below.
We contract with companies or individuals to provide certain services related to the functionality and features of the Services, including content streaming, email and hosting services, software development, data management, orders, payment processing, management of forms, quizzes and polls, customer service, returns, live chat, marketing, fraud prevention, product review and questions, and administration of contests and other promotions. We call them our “Service Providers.” We may share your Information with Service Providers as appropriate for them to perform their services for us and our Service Providers are permitted to use your Information only for such purposes.
The server automatically logs the IP address you use to access our website as well as other information about your visit such as the pages accessed, information requested, the date and time of the request, the source of your access to our website (e.g. the website or URL (link) which referred you to our website), and your browser version and operating system.
We may also share or transfer Device Information and Usage Data in aggregated, anonymized form with or to our affiliates, licensees, partners and Service Providers for administrative, analytical, research, optimization, and security purposes, but no such Information will be linked with your Personal Data or be used to identify or contact you.
Cookies and Web Beacons
Web beacons, or clear gifs, are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user's computer hard drive, web beacons are embedded invisibly on web pages. Web beacons help us better manage content on our Site by informing us what content is effective. We do not tie the information gathered by web beacons to your personal information.
The security of your personal information is important to us. When you provide sensitive personal information (such as a credit card number), we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us and to guard against loss, unauthorized access, misuse, disclosure, alteration and destruction, both during transmission and once we receive it. However, no method of transmission over
the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee the absolute security of such information. Please keep this in mind when disclosing any personal information to us or any other party online. In the event that we learn of a security breach, we may notify you electronically or in writing, to the extent required by law, so you may take appropriate protective steps. If you have any questions about security on our Site, please contact us as indicated below.
Links to Other Sites
As described above, we may use the Personal Data we collect from you to send you newsletters or other communications from us, including those promotional or marketing in nature. If you do not want to receive such communications, you have the right to opt out.
You may also at any time opt out of receiving communications from us by sending an e-mail to email@example.com with the subject line “Opt Out.”
At your option, you may communicate through text messages regarding your orders and our products. You may withdraw permission to communicate with you by text message at any time by texting “STOP” to 31996. For more information or assistance, reply “HELP” to 31996 or contact us at firstname.lastname@example.org.
Disallowing Cookies and Location Data Collection
You can opt out of the collection and use of certain information, which we collect about you by automated means, by changing the settings in the device you use to access the Services. In addition, your browser may tell you how to be notified and opt out of receiving certain types of cookies. Please note, however, that without cookies you may not be able to use some or all of the features of the Services.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at:
http://optout.networkadvertising.org http://www.youronlinechoices.eu https://youradchoices.ca/choices http://optout.aboutads.info
Children Under 18
This Site is not designed for children and we do not wish to collect personal information from children under 18. If a child under the age of 18 has provided us with personally identifiable information online, we ask that a parent or guardian contact us to have that child’s information deleted. You must be 18 or over to purchase products and provide personal information to this Site.
Important Information for California Residents
California’s “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to email@example.com, and are free of charge. However, we do not disclose personal information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.
The CCPA provides California residents with the following rights:
1. Right to Know: You have the right to request that we disclose certain information to you about the Personal Information we collected, used, disclosed, and sold about you in the past 12 months. This includes a request to know any or all of the following:
The categories of Personal Information collected about you;
The categories of sources from which we collected your Personal Information;
The categories of Personal Information that we have sold or disclosed about you for a business
The categories of third parties to whom your Personal Information was sold or disclosed for a
Our business or commercial purpose for collecting or selling your Personal Information; and
The specific pieces of Personal Information we have collected about you.
2. Data Portability: You have the right to request a copy of Personal Information we have collected and maintained about you in the past 12 months.
3. Right to Deletion: You have the right to request that we delete the Personal Information we collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your Personal Information, we may deny your request or may retain certain elements of your Personal Information if it is necessary for us or our service providers to:
Complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
Debug to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise his or her right of free
speech, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6
(commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
Comply with a legal obligation.
Otherwise use the Personal Information, internally, in a lawful manner that is compatible with the
context in which you provided the information.
4. Right to Opt-In to Financial Incentives: You have the right to opt-in to financial incentives. You also have the right to opt-out at any time. Please see the “Notice of Financial Incentive(s)” section below for more information about the financial incentive(s) and/or price or service difference(s) that we may offer.
5. Right to Opt-Out/In: You have the right to opt-out of the sale of your Personal Information. You also have the right to opt-in to the sale of Personal Information.
6. Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or
other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or
quality of goods or services.
III. SUBMITTING A VERIFIED CONSUMER REQUEST
To exercise your Right to Know, Data Portability, and Right to Delete, you must provide us with sufficient information to allow us to verify your identity, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to do so.
To exercise your California privacy rights described above, please submit a verifiable request to us by:
• Emailing us at to firstname.lastname@example.org.
Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your Personal Information.
You may only make a verifiable consumer request for Right to Know or Data Portability twice within a 12- month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. We will need to verify your identity with at least two (2) pieces of information, such as name and email address.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.
Consumer Request by an Authorized Agent
If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require the below items:
To verify your authorization to request on behalf of a California resident, provide one or more of the following: (1) California Secretary of State authorization, (2) written permission from the California resident, or (3) power of attorney.
Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.
To verify the identity of the California resident for whom the request is being made, provide the information set forth above for verification of the consumer request.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify the request’s identity or authority to make the request.
We will acknowledge receipt of the request within ten (10) business days of its receipt. We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
IV. SALE OF PERSONAL INFORMATION
We do not sell your Personal Information to third parties for money. However, the CCPA defines “sale” broadly, and that definition could include information that we have shared with certain technology providers that provide certain services to us, including delivering advertisements that we believe may be of interest to you. In the past twelve (12) months, we have “sold” (as defined under the CCPA) the following categories of Personal Information to the following categories of third parties:
Category 1: Advertising Networks and Social Networks
Category 3: Advertising Networks and Social Networks
Category 4: Advertising Networks and Social Networks
• Category 5: Advertising Networks and Social Networks
We “sell” (as defined under the CCPA) your Personal Information for the following business or commercial purposes:
Marketing our products and services to you, including sending you promotional or marketing communications, which may include contests, promotions, and special offers for products and services.
Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions.
We do not and will not knowingly sell the Personal Information of minors under the age of 16 without affirmative authorization.
Do Not Track
We use analytics systems and providers and participate in ad networks that process Personal Information about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We currently process or comply with any web browser’s “do not track” signal or similar mechanisms.
V. NOTICE OF FINANCIAL INCENTIVE(S)
From time to time, we may offer a financial incentive and/or price or service difference to our customers related to the collection of Personal Information. This Notice of Financial Incentive(s) explains the financial incentives or price or service differences that we may offer, so that you can make an informed decision on whether you would like to participate.
Customers who sign up for our emails may receive a coupon code on their next purchase. You can opt-in to receive this code by providing your email address and/or phone number. You have the right to withdraw your consent to participate at any time and can do so by clicking on the “Unsubscribe” link at the bottom of our marketing communications.
Generally, we do not assign monetary or other value to Personal Information. However, in the event we are required by law to assign such value in the context of financial incentives or price or service differences that we offer, we have valued the Personal Information collected and used as being equal to the value of the discount code or financial incentive offered, and the calculation of the value is based upon a reasonable and good-faith estimate often involving the consideration of (i) the categories of Personal Information collected (e.g., email addresses and phone numbers), (ii) the value of the discount offered, and (iii) the value of the total purchase (excluding taxes and fees). The disclosure of the value described herein is not intended to waive, nor should be interpreted as a waiver to, our proprietary or business confidential information, including trade secrets, and does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.
VI. MODIFICATIONS AND UPDATES TO THIS CALIFORNIA NOTICE
This California Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the Services. We reserve the right, at any time, to modify, alter, and/or update this California Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised California Notice. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this California Notice, such as by posting a notice on the Services or sending you an email. Your continued use of the Services following our posting of any revised California Notice will constitute your acknowledgement of the amended California Notice.
VII. ADDITIONAL INFORMATION AND ASSISTANCE
If you have any questions or concerns about this California Notice and/or how we process Personal Information, please contact us at:
Nevada law permits our users who are Nevada consumers to request that their personal data not be sold
(as defined under applicable Nevada law), even if their personal data is not currently being sold.
Requests may be sent to
International Data Transfers
If you are located outside the United States, including in the EEA, we transfer Personal Data for processing in the United States, including Personal Information sent via e-mails or when you make an order. Under the GDPR, we are considered a “controller” of the Personal Data of EEA Data Subjects. By using the Services outside the United States, you acknowledge that we will transfer your data to, and store your Personal Data in, the United States, which may have different data protection rules than in your country, and Personal Data may become accessible as permitted by law in the United States, including law enforcement and/or national security authorities in the United States. For transfers of data into and out of the EEA, pursuant to Article 46 of the GDPR, we use standard contractual clauses adopted by the European Commission.
Rights of EEA Residents
Our purpose for collecting and processing Personal Data from EEA Data Subjects is to provide them with the features and functionalities of our Services and information regarding our Services. The legal basis for processing Personal Data is because it is necessary for performance of a contract between us to provide you with the Services and its related features and functionality and in other circumstances may be necessary for our legitimate interests in making the Services available and secure, or to exercise our rights or comply with legal obligations. We also rely on your consent to receive information about our Services. You may withdraw consent from receiving marketing and promotional communications by clicking the “Unsubscribe” link on the communication or sending an e-mail
to email@example.com with the subject line “Opt Out.” If EEA Data Subjects do not provide Personal Data to us or withdraw consent for processing such Personal Data, we may not be able to provide such individuals with certain features or functionalities of the Services or information regarding
the Services, including processing orders. Note that we do not collect any sensitive personal information about you.
EEA Data Subjects may obtain information about the Personal Data that we hold about them by contacting us at firstname.lastname@example.org.
contact us email@example.com with “Privacy” in the subject line of your email.