Last Updated: July 1, 2023
1. INFORMATION COLLECTED
When you use our Sites, we collect your Personal Information and non-Personal Information. The types of information we collect from you depends on the Sites and the features you use on the Sites. “Personal Information” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household. Please note that over time, non-Personal Information may become Personal Information due to regulatory developments, technological advancements or the co-mingling of personal and non-Personal Information. The various types of information we collect from you may include:
2. COOKIES AND OTHER SESSION IDENTIFIERS
Adobe Analytics – We also use Adobe Analytics. For further information on Adobe Analytics and to opt out, please click here: https://www.adobe.com/privacy/opt-out.html.
While we recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Sites, you have the ability to control the use and moderation of our cookies. However, if you elect not to allow cookies to be placed as provided herein, you may not be able to use or to enjoy all of the services and features of the Sites. Specifically, you can configure the settings on your browser (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your Web browser’s help section for information on how to do this.
3. HOW WE USE THE INFORMATION COLLECTED
We may use the information we collect as necessary and to fulfill your requests, including in the following ways:
Access and Use : If you provide Personal Information in order to obtain access to or use of the Sites or any functionality thereof, we will use your Personal Information to provide you with access to or use of the Sites or functionality and to monitor your use of the Sites or specific functionalities.
Internal Business Purposes: We may use your Personal Information for internal business purposes including, without limitation, to help us improve the content and functionality of the Sites, to better understand our users, to improve the Sites, to protect against, identify or address fraudulent activities, to manage your account and to provide you with customer service and to generally manage the Sites and our business.
Marketing: We may use your Personal Information to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Sites which may be of relevance to you. If you wish to change or update your Personal Information or to change your subscription preferences, you may do so as provided herein. We also use your Personal Information for other marketing reasons, such as administering our loyalty programs.
Specific Reason: If you provide Personal Information for a certain reason, we may use the Personal Information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Information you provide to answer your question or to attempt to resolve your issue and will respond to the email address from which the contact came.
4. HOW WE SHARE YOUR INFORMATION
We may share the information described in Section 1 above to the following categories of third parties in the following circumstances:
Order Fulfillment and Fraud Protection : If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personal Information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card). In addition, we may share your Personal Information with fraud protection services to assist us in preventing fraud and protecting our customers from credit card fraud.
Agents, Consultants, and Related Third Parties : As noted above with respect to our eCommerce service provider, we sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain Personal Information. We employ a vetting process to assess our partners’ data protection practices.
Third-Party Marketers, Partners, and Other Third Parties : We may also share your Personal Information with other marketers, partners, and other third parties, whose products or services we feel may be of interest to you. These third-party marketers, partners, and other third parties may use your Personal Information for their own purposes, or further disclose your information to other third parties. If you prefer that we not share your Personal Information with these types of parties, please email us at [email protected].
Legal Requirements : We may disclose your Personal Information if required to do so by law (including, without limitation, responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Sites or the public or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.
5. HOW TO ACCESS, CORRECT AND UPDATE YOUR PERSONAL INFORMATION
You can access, correct and/or update certain Personal Information that you have provided to us by clicking on “Update Account” within the “My Account” area of the Sites. Please also see Sections 16 and 18 of this policy for additional options that may be available to you based on your state of residence.
6. STEPS TAKEN TO KEEP YOUR INFORMATION SECURE
We take commercially reasonable measures to ensure the security and confidentiality of your Personal Information. We have implemented information security measures that contain administrative, technical and physical controls that are designed to reasonably safeguard your Personal Information. Even though we have taken and will continue to take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with Personal Information. Please understand that no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us. Understand that any information that you transfer to us is done at your own risk. We recommend that you take additional measures to protect yourself, including by installing anti-virus software, closing browsers after use, keeping your passwords confidential, and making sure that you regularly update software and apps. If we learn of a data security system breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Sites. We may post a notice via the Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive written notice of a data privacy or security breach. If you have reason to believe that your Personal Information that we have collected or our system security has been breached, please notify us by e-mailing [email protected].
7. DATA RETENTION
8. YOUR CHOICES AND INDIVIDUAL RIGHTS
You have several choices available when it comes to your Personal Information. We will honor the choices you make regarding your Personal Information. If you have created and maintained a user account on the Sites, you will be able to sign in and update your account (including contact) information. You may also write to us at the address provided in Section 16 to update your contact information or to change your subscription preferences. In addition, you may:
Limit the Personal Information You Provide : You can use the Sites and limit the Personal Information you provide either by disabling cookies or by not registering an account with us. If you choose to limit the Personal Information you provide and/or to disable cookies, you may not be able to use certain functionalities of the Sites. For instance, in order to purchase goods and services on the Sites, payment and shipping information must necessarily be provided.
Manage Your Subscription Preferences : We may send your information by email or text message. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner. Additionally, we may send automated text messages (if you provide consent). Where you consent to receive automated text messages from us, please note that your consent includes consent to receive both autodialed and/or pre-recorded telemarketing text messages or non-automated messages from or on behalf of the Company and its affiliated companies at the telephone number you provided. You further understand that consent is not a condition of purchase and that message and data rates may apply. Additional terms and conditions, including message frequency, are provided at sign-up for any automated messages.
Opt Out of Marketing Emails and Texts : For email marketing, you will have an opportunity to change your subscription preferences by clicking on an “unsubscribe” hyperlink contained in all promotional emails sent by us or on our behalf. Please note that while we honor all subscription requests as timely as possible, it may take up to ten (10) business days to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Sites, be sent certain transactional communications related to the purchase or shipment of items purchased. Thus, if you order online, we will send you an email confirming your order and may need to contact you by phone, email or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations. You may ask us not to contact you by text message at any time by responding to a text message after it is received. For automated text messages, you will have the opportunity to opt-out by replying “STOP” to any message received. Please note that you hereby consent to receiving a confirmatory message in response to any opt-out request. We will process your unsubscribe request as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe request is processed.
Social Media & Other Public Platforms : You may also manage the sharing of certain Personal Information with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust your permissions and manage the interactivity between us and your social media platform(s) or application(s). That said, we want you to be aware that when you post information to public forums, including publicly viewable social media platforms, that information will become available to all who access such platform pages. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.
9. LINKING TO OR FROM ANOTHER WEBSITE
The Sites may contain links to other websites not operated or controlled by us (the “Third-Party Sites”). The policies and procedures set forth herein do not apply to any Third-Party Sites. We are not responsible for the privacy practices or content of such Third-Party Sites. We are not responsible for the actions of these Third-Party Sites; rather, the owners and operators of all Third-Party Sites are responsible for all Personal Information provided, collected, maintained, stored or otherwise disclosed on those sites, if any. The links on the Sites do not imply that we endorse or have reviewed the Third-Party Sites, including their privacy policies, if any. If you have any questions about how these Third-Party Sites’ use your Personal Information, we strongly encourage contacting those sites directly for information on their privacy policies and practices.
10. HOW WE RESPOND TO DO NOT TRACK SIGNALS
Please note that our Sites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Information.
11. INFORMATION COLLECTED FROM CHILDREN
12. ACCESSING THE SITES FROM OUTSIDE OF THE UNITED STATES
14. DISPUTES AND AGREEMENT TO ARBITRATE
Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
15. CHOICE OF LAW
16. YOUR CALIFORNIA PRIVACY RIGHTS
A. California Shine the Light Law
B. Additional Disclosures per The California Consumer Privacy Act, as amended
After January 1, 2020, The California Consumer Privacy Act of 2018 (CCPA) grants residents of California certain rights pertaining to the Personal Information we may collect and share with third parties for a business purpose. These purposes may include: providing our products and services, maintaining and servicing accounts, providing customer service, processing or fulfilling orders and transactions, performing analytics and quality control, auditing transactions, researching and testing features and improvements, detecting and preventing fraud and security incidents, debugging or repairing technical errors, and marketing our products.
The categories of information we have collected from California residents in the past 12 months, the sources of that information, the business purpose for the collection of that information, and the third parties to whom we may disclose that information may include:
Certain data collected on the Sites and applications by third parties, known as cookies, may be considered a “sale” due to its broad definition in the CCPA. We “share” and/or “sell” data collected via cookies with third parties for the purposes of engaging in marketing and advertising activities. Specifically, we may “share” or “sell” certain categories of Personal Information, including identifiers, commercial information, internet and electronic network activity, geolocation data, and inferences drawn from other personal information, to advertising and marketing networks for advertising and marketing services.
C. Privacy Rights Available to California Residents
If you are a California resident, the CCPA may grant you certain rights in connection with the Personal Information we collect, including:
We verify your identity before completing your request for access or deletion, and, may ask for you to confirm data points we already have about you. Note, the right to opt-out does not need to be a verified request. We will only use Personal Information provided in a request to verify the requestor’s identity or authority to make the request. When submitting the above linked forms, you may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit written proof that they have been authorized by you to act on your behalf.
17. NOTICE OF FINANCIAL INCENTIVE
We offer various financial incentives. For example, we may provide discounts, coupons, or other benefits to customers who join our loyalty programs or who sign up to receive our marketing communications. When you participate in our loyalty programs, we collect Personal Information from you, such as identifiers (like your email address and date of birth) and commercial information (like your purchase preferences and purchase history), and other categories of personal data that relate to or are reasonably capable of being associated with you. You can opt into a financial incentive by following the sign-up or participation instructions provided, and, for any ongoing benefits, you can opt-out at any time, such as by following the unsubscribe instructions in the applicable program’s terms and conditions, promotional communications or by sending us an e-mail at [email protected]. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you along with information on how to sign up. The value of your personal data is reasonably related to the value of the offer or discount presented to you. While we do not assign a monetary value to the data that we collect, based on our reasonable estimate, the value received from the information you provide is reasonably equal to or greater than the value the Company receives from the use of this information.
18. PRIVACY RIGHTS BASED ON YOUR STATE OF RESIDENCE
Please note that we verify your identity before completing your request and may ask for you to confirm data points we already have about you.
19. CONTACTING US
Attention: Legal Department
5600 Argosy Circle, Building #100
Huntington Beach, CA 92649
Monday thru Friday 7 am to 6 pm (PST)