We want you to be familiar with how we collect, use and disclose Personal Information (as defined below). This Privacy Policy describes our practices in connection with Personal Information that we collect through websites operated by us or our American affiliates, from which you are accessing this Privacy Policy (the “Websites”), through the software applications made available by us for use on or through computers and mobile devices (the “Apps”), if any, through our social media pages and Apps, if any, through HTML-formatted email messages that we send to you that link to this Privacy Policy, as well as through your offline interactions with us where notice is legally required (collectively, including the Websites, Apps, Social Media Pages and offline interactions, the “Services”). By using the Services, you agree to this Privacy Policy. Additional information for California and the California Consumer Privacy Act (CCPA), along with Nevada and the Nevada Privacy Law is contained herein. Note: Any mention of the Apps applies to all such defined under this Privacy Policy regardless of their current existence or non-existence, or their potential for existence in the future.
1. Personal Information. "Personal Information" is information that identifies you as an individual or relates to an identifiable individual, including:
· Name;
· Postal address (including billing and shipping addresses);
· Telephone number;
· Email address;
· Credit and debit card number;
· Profile picture;
· Social media account ID;
· Travel information, including trip flight information.
2. Collection of Personal Information. We and our service providers may collect Personal Information in a variety of ways, including:
· Through the Services: We may collect Personal Information, e.g., when you sign up for a newsletter or make a purchase.
· Offline: We may collect Personal Information from you offline, such as when you speak to us over the phone.
· From Other Sources: We may receive your Personal Information from other sources, such as our U.S. affiliates, public databases, joint marketing partners, social media platforms (including from people with whom you are friends or otherwise connected) and from other third parties. In addition, if you elect to connect your social media account to your Website account, certain Personal Information from your social media account will be shared with us, which may include Personal Information that is part of your profile or your friends' profiles.
· We may use a third-party payment service to process payments made through the Services. If you wish to make a payment through the Services, your Personal Information may be collected by such third party and not by us and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s collection, use and disclosure of your Personal Information.
· If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.
3. How We May Use Personal Information. We and our service providers may use Personal Information:
· To respond to your inquiries and fulfill your requests, such as to complete your transactions and provide you with related customer service.
· To send administrative information to you, such as changes to our terms, conditions and policies, as well as marketing communications that we believe may be of interest.
· To personalize your experience on the Services by presenting products and offers tailored to you and to facilitate social sharing functionality.
· For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
· To push App notifications.
4. Disclosure of Personal Information. Your Personal Information may be disclosed:
· To our affiliates for the purposes described in this Privacy Policy.
· To our third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other services.
· By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and content (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.
· To your friends associated with your social media account, to other website users and to your social media account provider, in connection with your social sharing activity. By connecting your Services account and your social media account, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media provider's privacy policy.
5. Other Uses and Disclosures. We also may use and disclose your Personal Information as we believe to be necessary or appropriate:
· To comply with applicable law, which may include laws outside your country of residence, to respond to requests from public and government authorities, which may include such authorities outside your country of residence, to cooperate with law enforcement, or for other legal reasons.
· To enforce our terms and conditions.
· To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
We may furthermore use, disclose or transfer your information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings). We may also use and disclose Personal Information collected through the Services in other ways, with your consent.
6. Other Information. “Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual, such as demographic information and timestamps.
7. Browser and Device Information. Browser and device information includes:
· App usage data.
· Information collected through cookies, pixel tags and other technologies.
· Demographic information and Other Information provided by you that does not reveal your specific identity.
· Information that has been aggregated in a manner that it no longer reveals your specific identity.
· If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information, as detailed in this Policy.
8. Collection of Other Information. We and our service providers may collect Other Information in a variety of ways, including:
· Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly.
· If applicable, through your use of the App: When you download and use the App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
· Using cookies: Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used and assist us with resolving questions regarding them. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies or other technologies in online advertising to track responses to our ads. We do not respond to browser do-not-track signals at this time.
· If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs.
· Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.
· Analytics. We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
· Using Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies: We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Services. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also go to the Global Storage Settings Panel and follow the instructions (which may explain, for example, how to delete existing Flash LSOs (referred to as “information” on the Macromedia site), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including those used in connection with the Services.
· IP Address: Your IP address is a number that is automatically assigned to your computer by your Internet Service Provider (ISP). An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Services. We may also derive your approximate location from your IP address.
· Physical Location: We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
9. Uses and Disclosures of Other Information. We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.
10. Third Party Services. This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.
11. Third Party Advertising. We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services, based on information relating to your access to and use of the Services and other websites or online services on any of your devices, as well as on information received from third parties. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags). They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit https://optout.networkadvertising.org/?c=1.
12. Security. We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.
13. Choices and Access. We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
· Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by following the unsubscribe link in any marketing communication and by contacting us at guylou.david@gmail.com.
· Our sharing of your Personal Information with affiliates for their direct marketing purposes: If you would prefer that we not share your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt-out of this sharing by contacting us at guylou.david@gmail.com.
14. How you can access, change, or suppress your Personal Information. If you would like to request to review, correct, update, suppress/delete or restrict/object to processing of Personal Information that you have previously provided to us, or if you would like to transfer your Personal Information to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us by:
Email – guylou.david@gmail.com; or
Phone – (713) 397-4678; or
Mail – David C. Barsalou, Attorney at Law, PLLC,
Attn: David C. Barsalou
2261 Northpark Dr, #416
Kingwood, TX 77339.
If you are a California resident, please refer to the “Additional Information for California” section at the end of this Policy for more information about the requests you may make under the CCPA and how to make such requests. We will respond consistent with applicable law. In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. For your protection, we may only implement requests with respect to the Personal Information associated with the email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of such purchase). There may also be residual information that will remain within our databases and other records, which will not be removed.
15. Use of Services by Minor. The Services are not directed to individuals under the age of eighteen (18), and we do not knowingly collect Personal Information from individuals under 18.
16. Jurisdiction and Cross-Border Transfer. The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.
17. Sensitive Information. Unless specifically inquired about, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us.
18. Updates to this Privacy Policy. We may change this Privacy Policy. The “Last Updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.
19. Contacting Us. David C. Barsalou, Attorney at Law, PLLC, located at 2261 Northpark Dr, #416 Kingwood, TX 77339, is the company responsible for collection, use and disclosure of your Personal Information. If you have any questions about this Privacy Policy, please contact us at guylou.david@gmail.com, call us at (713) 397-4678, or write to:
David C. Barsalou, Attorney at Law, PLLC
Attn: David C. Barsalou
2261 Northpark Dr, #416
Kingwood, TX 77339.
Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.
20. Additional Information for California. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we are providing the following additional details regarding the categories of Personal Information about California residents that we have collected or disclosed within the preceding 12 months:
· Identifiers, such as name, previous name, alias, postal address, online identifiers (such as IP address), email, and account/user name (including social media).
· Personal information, as defined in the California safeguards law, such as name, date of birth, signature, address, telephone number, facsimile number, financial information, travel information, username and password, social media profile photo and other account information, and other consumer profile information, such as preferences, interests, and general household information.
· Characteristics of protected classificationsunder California or federal law, such as sex, age, and marital status.
· Commercial information, such as purchase history, products considered, other purchasing history or tendencies, payment information, customer service call notes, and product ratings and reviews.
· Internet or network activity information, such as browsing history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements.
· Geolocation data, such as device location and IP location.
· Audio and visual information, such as call recordings and CCTV footage for quality assurance, safety and security purposes.
· Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics.
21. Personal Information. We collect the following categories of Personal Information:
· Identifiers, such as name, previous name, alias, postal address, online identifiers (such as IP address), email, and account/user name (including social media).
· Personal information, as defined in the California safeguards law, such as name, date of birth, signature, address, telephone number, facsimile number, financial information, travel information, username and password, social media profile photo and other account information, and other consumer profile information, such as preferences, interests, and general household information.
· Characteristics of protected classificationsunder California or federal law, such as sex, age, and marital status.
· Commercial information, such as purchase history, products considered, other purchasing history or tendencies, payment information, customer service call notes, and product ratings and reviews.
· Internet or network activity information, such as browsing history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements.
· Geolocation data, such as device location and IP location.
· Audio and visual information, such as call recordings and CCTV footage for quality assurance, safety and security purposes.
· Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics.
As described above, we collect this Personal Information from you and from other categories of sources: public databases, social media platforms and from our affiliates, joint marketing partners, and service providers. We share this Personal Information with our affiliates, service providers, social media account providers, and public or government entities. Also as described above, we may use this Personal Information to operate, manage, and maintain our business, to provide our products and services, for our employment and vendor management purposes, and to accomplish our business purposes and objectives, including, for example, using Personal Information for: facilitating purchases and other transactions, including shipping; developing, improving, repairing, and maintaining our products and services; honoring warranties for purchased products and providing customer service; personalizing, advertising, and marketing our products and services; conducting research, analytics, and data analysis; maintaining and improving our facilities and infrastructure; undertaking quality and safety assurance measures; conducting risk and security control and monitoring; detecting and preventing fraud; performing accounting, audit, and other internal functions, such as internal investigations; complying with law, legal process, and internal policies; maintaining records; and exercising and defend legal claims.
22. Additional Personal Information. In addition to the Personal Information listed above, we also collect the following Personal Information from employees, independent contractors, owners, directors, officers, and job applicants, as well as their emergency contacts, dependents and beneficiaries, for purposes of operating, managing, and maintaining our business, managing our workforce (including recruitment), and administering benefits:
· Identifiers, such as Social Security numbers and other government-issued ID numbers.
· Personal information, as defined in the California safeguards law, such as health and health insurance information.
· Characteristics of protected classificationsunder California or federal law, such as race, religion, national origin, disability, request for leave, citizenship, and immigration/work authorization status.
· Professional or employment-related information, such as work history, prior employer, skills and experience, information relating to references, CV, details of qualifications, human resources data and data necessary for benefits and related administration services.
· Education information subject to the federal Family Educational Rights and Privacy Act, such as student records.
23. Disclosure to Third Parties. We disclose the following Personal Information to third parties (such as our affiliates, service providers, and public or government authorities) for our operational business purposes:
· Identifiers, such as name, previous name, alias, postal address, online identifiers (such as IP address), email, and account/username (including social media).
· Personal information, as defined in the California safeguards law, such as name, date of birth, signature, address, telephone number, facsimile number, financial information, travel information, username and password, social media profile photo and other account information, and other consumer profile information, such as preferences, interests, and general household information.
· Characteristics of protected classifications under Californiaor federal law, such as sex, age, and marital status.
· Commercial information, such as purchase history, products considered, other purchasing history or tendencies, payment information, customer service call notes, and product ratings and reviews.
· Internet or network activity information, such as browsing history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements.
· Geolocation data, such as device location and IP location.
· Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics.
We do not “sell” Personal Information for purposes of the CCPA. “Sell” or “sale” meansthe disclosure of Personal Information for monetary or other valuable consideration but does not include, for example, the transfer of Personal Information as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business.
24. Requests. You may request that we:
· Disclose to you the following information covering the 12 months preceding your request –
o The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
o The specific pieces of Personal Information we collected about you;
o The business or commercial purpose for collecting Personal Information about you; and
o The categories of Personal Information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such Personal Information (if applicable).
· Delete Personal Information we collected from you.
· We will respond to your request consistent with applicable law. Nonetheless, you have the right to be free from unlawful discrimination for exercising your rights under the CCPA.
25. How to Make Requests. You may make a request for the disclosures described above or make a request to delete Personal Information we collected from you, by:
Email – guylou.david@gmail.com; or
Phone – (713) 397-4678; or
Mail – David C. Barsalou, Attorney at Law, PLLC,
Attn: David C. Barsalou
2261 Northpark Dr, #416
Kingwood, TX 77339.
For California Residents: David C. Barsalou, Attorney at Law, PLLC does not sell your personal information, as defined under the California Consumer Privacy Act. For Nevada Residents as Covered by Nevada Privacy Law: David C. Barsalou, Attorney at Law, PLLC does not sell Covered Information as defined under Nevada law.