October’s Very Own and its subsidiaries and affiliates, (individually or collectively, “we/our/us”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the type of information we may collect from you and/or that you may provide us when you visit and/or use any Site(s), mobile site(s) and/or app(s) provided by us (individually or collectively, “Site(s)”). “You/your/user(s)” means you as a user of our Site(s), including any information, tools and services available from the Site(s), conditioned upon your acceptance of all the terms, conditions, policies and notices stated here, which you accept by continuing to utilize the Site(s).
Guide to Contents:
- Information Collected
- Use of your Personal Information
- Sharing Personal Information with Third Parties
- Non-Personally Identifiable Information
- Your Security
- Links to Other Site(s)
- Your California Privacy Rights
- Disclosure for Legal Purposes
- Non-Confidential Information
- International Uses
2. Information Collected.
- We may collect information that you provide directly to us. You may provide different types of Personal Information to us when you engage in certain Site(s) activities, such as creating an account, registering for a webinar(s), ordering a product or service, submitting, posting or accessing various content or features, responding to and submitting a form(s), participating in our blogs, podcasts or forums, entering a sweepstakes, contest, promotion or other special initiative, signing up for a special offer, completing a survey, sending feedback, requesting or submitting information, applying for a job, or directly contacting us. It is optional for you to engage in such activity, however, if you choose to do so, we may require that you provide us certain Personal Information. Depending upon the activity, some of the information we ask you to provide is required and some is voluntary. If you do not provide required information for a particular activity, you may not be permitted to engage in that activity.
3. Use of Your Personal Information.
We may use the Personal Information we collect for various purposes, including to:
- authenticate users
- provide the materials, goods and/or services we offer and/or you request
- enable you to participate in features such as sending and receiving invitations, surveys, reviews, blogs or forums, or to participate in special initiatives and to communicate with you about them
- complete your purchase transactions, fulfill your orders, keep you informed about the status of our goods and services and your orders
- identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you
- market research and customized offers
- improve our services and merchandise selections, customer service, and overall Site(s) experience
- analyze the use of our products and services and information about visitors to the Site(s)
- update and maintain the accuracy of our information
- communicate with you by email, postal mail, telephone, text message, or other means about our company, our products, or other information that we believe may be of interest to you
- if you join our electronic mailing list, to send you our electronic communications, including our newsletters and our company announcements, alerts, notices and updates
- send you notices of a transactional, administrative or relationship nature or as required by law.
4. Sharing Personal Information With Third Parties.
- We are committed to maintaining your trust and we want you to understand when and with whom we may share Personal Information and information collected about you.
- We may also disclose your Personal Information to outside individuals and/or companies who help us: bring you the products and services we offer; create, operate, and maintain the Site(s); and with specialized services such as payment processing, shipping, mail and e-mail distribution, mobile messaging, Site(s) hosting, monitoring, analytics and mobile payment processing. We provide these companies only with the information they need to perform their services. We may also work with third parties, such as ad networks, analytics companies and social networking platforms, and they may collect information about your online activities over time and across our sites and other online services. We require that these outside individuals and/or companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us. We may also contribute to or participate in cooperative databases, which give other companies access to Personal Information.
- We may disclose your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Site(s), to limit our legal liability and protect our rights or to protect the rights, property or safety of users of the Site(s) or the public.
- We may provide products or services jointly with certain third-party businesses. We may share your Personal Information with such entities to help them deliver to you purchased goods and services, and to provide you with better service and to measure our program’s value. Sharing this information will allow such affiliate providers to market products and services directly to you, should they so choose. We will only share your Personal Information with affiliate providers with whom you engage in activities on the Site(s).
5. Non-Personally Identifiable Information.
- Through your use of the Site(s), we may also collect certain non-personally identifiable information from you (“NPII”). NPII is not associated with you as an individual. It is measured anonymously and only in the aggregate. We use NPII to maintain and administer the Site(s), analyze trends, gather demographic information and comply with applicable law. We may share this information with others without express notice to you or consent from you, and we may exploit, use and disclose your NPII without limitation of any kind.
- We may also use "pixel tags" (sometimes called "web beacons" or "clear gifs"), which are tiny graphic images, on the Site(s). Pixel tags help us analyze users’ online behavior and measure the effectiveness of the Site(s) and our advertising and marketing. Pixel tags or Clear gif files are tiny graphics with a unique label that work in a similar way to cookies and are used to monitor the user’s online activities. In contrast to cookies that are saved on a user’s computer hard disk, clear gif files are embedded invisibly in websites and are about as big as the full stop at the end of this sentence. Where appropriate, we may combine the information collected by such pixel tags with the Personal Information of our customers. We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no Personal Information. We work with service providers that help us track, collect, and analyze this information.
- Cookies, pixel tags, and/or other analytical tools that we may use on the Site(s) may collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Site(s). This information may include your computer's Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the Site(s) you visited immediately before coming to the Site(s). We do not otherwise track any information about your use of other Site(s). Cookies, pixel tags, and/or other analytical tools in our emails may also be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us. We may also work with businesses that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to the Site(s) and your interaction with our advertising and other communications, but no Personal Information is shared with them.
- We authorize certain service providers to utilize NPII for their business purposes and in accordance with their privacy policies, such as to report on usage or industry trends to their customer base.
- Third Party Functionalities: The Site(s) contains links to and/or enables certain third-party functionalities to enhance your experience on the Site(s), including social plug-ins, tools and APIs. Prior to using any third-party functionalities (e.g., Facebook “Like” button) on the Site(s), you should consult the privacy notices of the third-party providers of such functionalities (e.g., Facebook), as we have no control over information that is submitted to, or collected by, such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their policies and practices. Your communications and interactions with such third parties are solely between you and them, and are at your own risk.
6. Your Security.
- We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via e-mail. Any payment transactions will be encrypted.
- Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Site(s), any transmission of Personal Information is at your own risk. We cannot guarantee that such information will not be intercepted by third parties and we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism and we are not responsible for circumvention of any privacy settings or security measures contained on the Site(s).
7. Links to Other Site(s).
- While visiting the Site(s), you may link to websites operated by third parties or you may have come to the Site(s) using a link found in another website. This does not mean that we endorse these Site(s) or the goods or services they provide. We do not make any representations or warranties about any Site(s) that may be linked to the Site(s). Such other Site(s) are independent from us, and we have no control over, or responsibility for their information, products or activities.
- You may opt out of: (a) receiving email communications such as email newsletters and promotional emails by following the instructions provided at the bottom of each email, clicking the “unsubscribe” button at the bottom of emails we sent you; and/or (b) receiving promotional email communications and newsletters by emailing us at email@example.com. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving Site(s) communications will not affect your receipt of service-related communications such as payment confirmations.
- Opting out of online and mobile website advertising. You can opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/.
- You may can opt out of receiving online behavioral or internet based advertising by using the tools located at the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/ or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/.
- When using the ad industry opt out tools described in Sections 8.2 through 8.4, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention) but it won't be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out. We do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.
- Registered users who have provided their cell phone number to us may remove it from within their personal profile settings. If you prefer not to receive text or wireless promotional communications on your mobile device, you can opt out by replying STOP.
- You may ask us to delete your Personal Information from our system, however, because we archive and keep track of past transactions, you cannot delete information associated with past transactions or archived information on the Site(s). Please also update your Personal Information if it changes.
- Registered users may terminate their registration at any time, for any reason, by contacting us. Terminating your registration will not necessarily remove previous public comments or other user content on public display on the Site(s). You understand it may be impossible to delete Personal Information entirely because of backups and records of deletions. If you wish to cancel your account on the Site(s) or delete your Personal Information previously provided to us (or if your child is under 13 and has used the Site(s) and sent us his/her PII, to delete such PII), you may send your request to us at firstname.lastname@example.org and indicate in the body of your communication your request.
- If you do not receive a response from us to any emails you send to us within ten (10) business days, please send us another email as your original email may not have been received.
- We do not permit persons under 13 years of age to use the Site(s), and we do not knowingly collect, use or disclose Personal Information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian's consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
- Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: October’s Very Own. 130 N. La Brea Ave., Los Angeles, CA 90036 ATTN: Privacy. You must put the statement “Your California Privacy Rights” in the body of the request and state the name of our website with respect to which you are requesting the information as well as your name, street address, city, state, and zip code.
- In addition, please note the following:
- Users can visit the Site(s) anonymously;
- Users are able to change their Personal Information by emailing us or by calling us;
- Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. Because uniform standards for “Do Not Track” signals have not yet been adopted, we do not process or respond to such signals in users’ web browsers at this time; and
- We allow the collection of users’ behavioral tracking (but not Personal Information) by third parties. We do not authorize the collection of Personal Information on the Site(s) by third parties.
11. Disclosure for Legal Purposes.
You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of fraud, improper or illegal conduct in connection with the Site(s), such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.
12. Non-Confidential Information.
We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non- confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
14. International User Notice.
All disputes between you and us will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of us or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:
(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in or near your area or at a JAMS facility in or near Los Angeles, California.
(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(e) Costs and Fees. You will be subject to a $250 filing fee to initiate arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with us remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
(i) Class Action Waiver. The parties further expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.