- Garrett Privacy Addendum for California Residents
- Garrett Privacy Addendum for Nevada Residents
Effective Date: 10/10/2020
Last Reviewed on: 10/10/2020
- on our Website;
- in email, and other electronic messages between you and our Website, including live chat;
- when you contact us by telephone or text; and
- when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
- Children Under the Age of 16
Our Website is not intended for children under the age of 16 and children under the age of 16 are not permitted to use our Website. We will remove any information about a child under the age of 16 if we become aware of it.
Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or through the Website. We do not knowingly collect Personal Data from children under 16. If you are under 16, do not use or provide any information on our Website or on or through any of its features, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received Personal Data from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from a child under 16, please contact us at email@example.com.
- Types of Information Collected
We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users.
“Personal Data” is information that identifies you as an individual or relates to an identifiable individual, information that is about you individually, but does not identify you, and information about your internet connection, the equipment you use to access our Website and usage details. The Website collects Personal Data, including:
- Postal address (including billing and shipping addresses);
- E-mail address;
- Telephone number;
- Banking or financial account information, or credit or debit card number (for payment information);
- Month and day of birth;
- Purchase and return information;
- IP address (we may also derive your approximate location from your IP address);
- Account information, such as username and password;
- Purchase information and other information provided by you that does not reveal your specific identity;
- Information that you voluntarily provide to us, such as User Contributions (as defined below in the section titled, “How Your Information Is Collected”)
- Website traffic data, location data, logs, referring/exit pages, date and time of your visit to our Website, error information, clickstream data, and other communication data and the resources that you access and use on the Website;
- Information collected through cookies, pixel tags and other technologies; and
- Information about your Internet connection, the equipment you use to access our Website and usage details.
- How Your Information Is Collected
We collect information from:
- You, when you provide information to us;
- Your device, through cookies and other tracking technologies; and
Collection From You – When You Provide Information To Us
The information we collect directly from you on or through our Website and other interactions with us are:
- details of transactions you carry out through our Website or over calls with us and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website or over calls with us;
- information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website or requesting further services;
- comments or other user reviews that you direct us to publish or display (hereinafter, “posted”) or otherwise provide to us or transmit to the public portions of our Website (collectively, “User Contributions”). For example, if you choose to post a comment or review about a product, your information, including Personal Data, such as your name, screen name or username, and any other information you supply will be visible to the public. Your User Contributions are posted and transmitted to others at your own risk. We cannot control the actions of the public with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons;
- information when you enter a contest, a sweepstake or promotion sponsored by us, and when you report a problem with our Website;
- records and copies of your correspondence (including email addresses), if you contact us;
- your responses to surveys that we might ask you to complete for research purposes; and
- your search queries on the Website.
Collection From Your Device - Using Cookies and Other Tracking Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information, including:
- Usage and Equipment Information. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, for example, details of your visits to our Website, such as traffic data, location, logs, referring/exit pages, date and time of your visit to our Website, error information, clickstream data, and other communication data and the resources that you access and use on the Website.
- Device Information. Information about your computer, mobile device, and Internet connection, specifically your IP address, operating system, and browser type.
- Location Information. If you use a mobile device, the Website may collect real-time information about your location. You can choose whether or not to allow the Website to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of a Website may then be inaccessible or not function properly. For more information, see Choices About How We Use and Disclose Your Information.
The technologies we use for this automatic data collection may include:
- Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Garrett, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Collection From Your Device - Using Cookies and Other Tracking Technologies
Our service providers (such as: Google, Nosto, Klaviyo and Klevu) may also use online identifiers such as cookies, web beacons, or other tracking technologies to collect and store information about you (e.g. click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID) when you use our Website. The information they collect and store may be associated with your Personal Data or they may collect and store information, including Personal Data, about your online activities over time and across different websites and other online services. The services may analyze the behavior of users to our Website or interactions with our emails in order to provide our users with personalized purchase recommendations and to tell which mailings appeal most to our customers. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For example, you can find out more about how Google uses data when you visit our Website by visiting “How Google uses data when you use our partners' sites or apps”, (located at www.google.com/policies/privacy/partners/).
For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
- We May Combine Information About You
We may combine the different types of information we collect or receive about you.
The information we collect through our Website, automatically, or from third parties may be combined. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to estimate our audience size and usage patterns, store information about your preferences, allowing us to customize our Website according to your individual interests, speed up your searches, and to recognize you when you return to our Website.
- How We Use Your Information
We use your Personal Data for various purposes described below, including to:
- provide our Website to you;
- process your orders;
- respond to your inquiries
- enforce our rights arising from contracts;
- notify you about changes; and
- provide you with notices about your account or product purchases.
We use information, including Personal Data, that we collect about you or that you provide to us:
- to present our Website and its contents to you;
- to process your orders, verify your information, and provide you with related customer service;
- to respond to your inquiries and fulfill your requests when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments, or complaints;
- to fulfill any other purpose for which you provide it;
- to provide you with notices about your account, including expiration and renewal notices, and product purchases;
- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. If you refuse to provide such Personal Data or withdraw your consent to our processing of Personal Data, then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it;
- to notify you about changes to our Website or any products or services we offer or provide though them;
- to administer offers, promotions and surveys;
- to perform data analyses and other processing (including market and consumer research, trend analysis, and financial analysis);
- to comply with applicable legal or regulatory obligations, including but not limited to, use in connection with legal claims, compliance, and regulatory or investigative purposes and to protect against, and identify, fraud and other criminal activity;
- in any other way we may describe when you provide the information; and
- for any other purpose with your consent.
- We may also use your information to contact you about our other products and services that may be of interest to you. If you wish to consent to this use, please select the box at checkout (or when prompted) to sign up for our newsletter and product updates by email. If you wish to opt-out of receiving emails from us, you may do so at any time by selecting unsubscribe at the bottom of our emails, or by sending us an email stating your request at firstname.lastname@example.org. For more information, see Choices About How We Use and Disclose Your Information.
- Disclosure of Your Information
- our subsidiaries and our affiliates;
- our third-party service providers that we use to support our business;
- to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
- to comply with our legal obligations;
- to enforce our rights; and
- with your consent.
- to our subsidiaries and affiliates;
- to third parties we use to support our business and who are bound by contractual obligations to keep Personal Data confidential and use it only for the purposes for which we disclose it to them. These entities provide IT and infrastructure support services, advertisement, marketing, and shipping services;
- to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Garrett’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Garrett about our Website’s users is among the assets transferred;
- to fulfill the purpose for which you provide it;
- for any other purpose disclosed by us when you provide the information; and
- for any other use, with your consent.
We may also disclose your Personal Data:
- to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Garrett, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- Choices About How We Use and Disclose Your Information
We offer you choices on how you can opt out of our use of tracking technology and our advertising to you. However, we do not control the collection and use of your information collected by third parties.
We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.
In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:
- Promotional Offers from Garrett. We may also use your information to contact you about our other products and services that may be of interest to you. If you wish to consent to this use, please select the box at checkout (or when prompted) to sign up for our newsletter and product updates by email. If you wish to opt-out of receiving emails from us, you may do so at any time by selecting unsubscribe at the bottom of our emails, or by sending us an email stating your request at email@example.com. This opt out does not apply to information provided to Garrett as a result of a product purchase or other transactions.
- Targeted Advertising. You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info). We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.
- Your Rights Regarding Your Information and Accessing and Correcting Your Information
You may review and update your Personal Data at any time by contacting us.
You can contact us by one of the methods listed in the Contact Information below to review and update your Personal Data to ensure that it is complete, accurate, and as current as possible or to delete your account. We may not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.
- State Specific Privacy Rights
The law in certain states may provide their residents with additional rights regarding our use of your Personal Data.
- Do Not Track Signals
We may use automated data collection technologies to track you across websites. We currently do not honor do-not-track signals that may be sent by some browsers.
Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. Because there is no standard for these signals at this time, we currently do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.
- Data Security
Information transmitted over the Internet is not completely secure, but we do our best to protect your Personal Data. You can help protect your Personal Data and other information by keeping your password to our Websites confidential.
We have implemented security measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. All payment transactions are performed by our third-party payment processor, who must comply with appropriate industry standards to protect your payment information.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we take reasonable and appropriate security measures to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
- Data Retention Periods
We retain your Personal Data for as long as you keep your account open. In some instances, we may keep it after you close your account, for example we may keep it:
- on our backup and disaster recovery systems;
- for as long as necessary to protect our legal interests; and
- and to comply with other legal requirements.
Garrett will retain your Personal Data for the entire time that you keep your account open. After you close your account, we may retain your Personal Data:
- for as long as necessary to comply with any legal requirement;
- on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;
- for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; and
- for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.
- Contact Information
You may contact us through the contact information below.
To Contact Garrett
Garrett Brands LLC
Garrett Privacy Addendum for California Residents
Effective Date: 10/10/2020
Last Reviewed on: 10/10/2020
INFORMATION WE COLLECT
Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, Garrett collects and has collected Personal Information through its Website from its consumers, as provided below.
Categories of Personal Information Garrett has collected in the preceding 12 months:
- Identifiers (e.g., name, mailing address, email address, unique personal identifier, online identifier, Internet Protocol address (IP address), or other similar identifiers)
- Personal Information categories listed in the California Customer Records statute (e.g., name, signature, address, telephone number, bank account number, credit card number, or debit card number. Note, some of this information may overlap with other categories)
- Commercial information (e.g., records of products purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)
- Internet or other similar network activity (e.g., browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement)
- Inferences drawn from other Personal Information (e.g., profile reflecting a person’s preferences)
Personal Information does not include information that is: (a) publicly available information from government records; (b) deidentified or aggregated consumer information; or (c) certain information excluded from the scope of CCPA, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Categories of sources from which Garrett has collected Personal Information:
- Directly from you. For example, from forms you complete when purchasing a product
- Indirectly from you. For example, from our operating systems and platforms
- Affiliates, parents and subsidiary organizations of Garrett
- Service providers
- Business partners who we partner with to offer our products
- Advertising networks
USE OF PERSONAL INFORMATION
We may use or disclose the Personal Information we collect for one or more of the following business purposes:
- To fulfill or meet the reason you provided the information. For example: if you share your name and contact information to ask a question about our products, we will use that Personal Information to respond to your inquiry. We may also save your information to help you check out faster and to provide recommendations for future purchases.
- To provide, support, develop and improve our Website and products.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and to monitor and improve our responses.
- To help maintain the safety, security, and integrity of our Website and products, databases and other technology assets, and business, including to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity, and to debug to identify and repair errors that impair existing intended functionality.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- Undertaking internal research for technological development and demonstration.
- As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Garrett assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Garrett about our customers are among the assets transferred.
Garrett will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
SHARING PERSONAL INFORMATION
We do not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate your Personal Information to another organization for monetary or other valuable consideration. However, Garrett may disclose your Personal Information to a third party for one or more business purposes. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
We share your Personal Information with the following categories of third parties:
- Service providers
- Advertising Networks
- Business partners
Disclosures of Personal Information for a business purpose:
In the preceding twelve (12) months, Garrett has disclosed the following categories of Personal Information for a business purpose:
- California Customer Records Personal Information categories
- Commercial information
- Internet or other similar network activity
- Inferences drawn from other Personal Information
We disclose your Personal Information for a business purpose to the following categories of third parties:
- Service providers.
- Advertising Networks
- Business partners
Sales of Personal Information:
In the preceding twelve (12) months, Garrett had not sold Personal Information.
YOUR RIGHTS AND CHOICES
The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
Access request rights
You have the right to request that Garrett disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access and Deletion Rights), we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting or selling that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- The specific pieces of Personal Information we collected about you.
- If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Deletion request rights
You have the right to request that Garrett delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access and Deletion Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access and Deletion Rights
To exercise the access and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at (888)-4POPCORN ((888)-476-7267); or
- Emailing us at firstname.lastname@example.org.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf (an “Authorized Representative”), may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access 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. Before completing your request to exercise the below, we will verify that the request came from you by asking you one or more knowledge-based questions about you.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
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. With few exceptions, we will only review and fulfill a request from your Authorized Representative if (a) you grant the Authorized Representative written permission to make a request on your behalf, (b) you or the Authorized Representative provides us notice of that written permission, and (c) we are able to verify your identity in connection with that notice and the request.
Making a verifiable consumer request does not require you to create an account with us.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to the contact information you provided in that account. If you do not have an account with us, 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 verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity 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.
Personal Information Sales Opt-Out and Opt-In Rights
We do not sell the Personal Information of consumers and therefore do not provide any opt-in or opt-out capabilities on our Website or otherwise.
We will not discriminate against you for exercising any of your CCPA 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.
CHANGES TO OUR CALIFORNIA ADDENDUM
Garrett Privacy Addendum for Nevada Residents
Effective Date: 10/10/2020
Last Reviewed on: 10/10/2020
Garrett respects your privacy and is committed to protecting it through our compliance with this policy.
Garrett does not sell your personal information to any outside companies; therefore, Garrett does not provide any opt-out capabilities on our Website or otherwise.
You are entitled, nevertheless, under Nevada law to formally request that we not sell any of your personal information. Please email us at email@example.com to submit your request and we will confirm your request.