Types of Information Covered by this Policy
Children Under the Age of 13
Our Services are not intended to be accessed by children under 13 years of age. No one under age 13 may provide any personal information to or on the Website or through the Services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use in any way in or through the Services. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at }].
Account Information Security Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer, phone, and browser or other device by signing off after you have finished accessing your Account.
We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
We otherwise store all of our information, including your IP address information, using industry-standard techniques. While we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security and we do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment or depository transactions will be encrypted using SSL technology.
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. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Services, including information:
• by which you may be personally identified, such as name, postal address, e-mail address, telephone number, social security number, any other information the website collects that is defined as personal or personally identifiable information under an applicable law, or any other identifier by which you may be contacted online or offline (“personal information”);
• that is about you but individually does not directly identify you; or
• about your internet connection, the equipment and device(s) you use to access our Services, and usage details.
We collect this information:
• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies.
• From third parties, for example, our business partners.
The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. We collect the following types of information from our users.
Account Information When you create an Account, you may provide information that could be Personal Information, such as your username, password and email address. You acknowledge that this information may be personal to you, and by creating an account on the Services and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. We may use your contact information to send you messages about our Services. You may unsubscribe from these messages through your Account settings or by clicking on the unsubscribe link included at the bottom of marketing emails, although we, regardless, reserve the right to continue sending you non-marketing emails, such as emails about your accounts and our business dealings with you.
policy of each Third Party Account. We will not be liable for: (i) the availability or accuracy of your Third Party Account; (ii) the content, products or services on or available on your Third Party Account or (iii) your use of your Third Party Account.
User Content We collect information that you include in your profile, such as your photo and birthday.
Shipping Information When you order products using the Services, we collect your shipping information. We pass this information to our Payment Processor, fulfillment company, brand, or retailer partners for purposes of customer service, fulfillment, shipping and returns. The use of your Personal Information by these parties is subject to their respective privacy policies.
• We may collect your phone number and the unique device id number of the mobile device on which you use the Application.
• If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
• When you participate in one of our surveys, we may collect additional personal information.
• We also collect other types of personal information that you provide to us voluntarily.
• If you participate in a contest, sweepstakes or other promotion, we will collect any data you provide in connection with that promotion.
• We may also obtain information from other sources and combine that with information we collect on our Services.
• We may also collect personal information at other points in our Services that state that personal information is being collected.
IP Address Information and Other Information Collected Automatically When you use our Services, some information is automatically collected. For example, when you use our Services, how you use the Services, information about the type of device you use, your Open Device Identification Number, date/time stamps for your visit, your unique device identifier, your browser type, operating system, Internet Protocol (IP) address, and domain name are all collected. This information is generally used to help us deliver the most relevant information to you and administer and improve the Services. In addition, in the event our Application crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application.
We gather certain information automatically and store it in log files, including IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to improve the content of the Services, market research purposes, to communicate information to visitors and to better tailor our Services to our users needs.
We may collect and create anonymous and/or deidentified data records about how both unregistered and registered users, collectively, use the Services ("Aggregate Information"), such as the number and frequency of visitors to the Site or Application. Some of this information is derived from Personal Information. We reserve the right to use Aggregate Information for any purpose and disclose it to third parties in our sole discretion. This Aggregate Information is not Personal Information and we use reasonable efforts to ensure that it cannot be tied back to you, your Account, your web browser or
mobile device. We use this anonymous data to enhance the content of our Services and improve the Services, for example by allowing us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.
Email Communications We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service.
Most browsers or mobile devices have an option for turning off the cookie feature, which will prevent your browser or mobile device from accepting new cookies, as well as (depending on the sophistication of your browser or mobile device software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they may enable you to take advantage of some features of the Services.
Information Related to Advertising and the Use of Web Beacons To support and enhance the Services, we may serve advertisements, and also allow third parties to serve advertisements, through the Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called "ad networks." Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.
Advertisements served through the Services may be targeted to users who fit a certain general profile category and may be based on anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age), may be based on the Services usage patterns of particular users, or may be based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use outside of the Services.
To increase the effectiveness of ad delivery, we may deliver a file (known as a "web beacon") from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad networks servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.
Information You Provide to Us. The information we collect on or through our Website may include:
• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our services, purchasing our products or services, posting material, or requesting further services. We may also ask you for information when you enter a contest 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.
• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
• Your search queries on the Website.
• Confirmation of transaction activity by notification.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Website 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 We Collect Through Automatic Data Collection Technologies. 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, including:
• Details of your visits to our Website, including traffic data, location data, logs, redemption information, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). You may not opt out of behavioral tracking on this website.
The information we collect automatically is statistical data and may include personal information, and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including 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.
• Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
• 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 the Company, 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).
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 information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
• To present our Website and its contents to you.
• To present our Application and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To notify you about changes to our Application or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Website.
• To allow you to participate in interactive features on our Application.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• 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 New Stand Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by New Stand Inc. about our Website users is among the assets transferred.
• To third parties to market their products or services to you if you have either consented to or not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see Choices About How We Use and Disclose Your Information.
• To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipients.
• To permit third-party charities to identify the ultimate source of contributions made through the Website.
• To facilitate compliance with tax exemption and money laundering laws, and such other regulations as may affect or govern the transactions conducted through or related to certain services provided through the Website.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
We may also disclose your personal information:
• 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 New Stand Inc., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.
User Profile Information User profile information including your username and other information you enter may be displayed to other users to facilitate user interaction within the Services. We will not directly reveal user email addresses to other users.
Financial Information As stated above, your financial information is collected and stored by our Payment Processor; we collect and store your credit card type and the last four digits of your credit card number only. However, we may from time to time request and receive some of your other financial information from such Payment Processor for the purposes of completing transactions you have initiated through the Services, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identifying possible fraudulent transactions, and otherwise as needed to manage our business.
Information Shared with Our Agents We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our "Agents"). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.
Information Shared with Our Brands and Retailers When you order products using the Services, you may be purchasing such products directly from New Stand or from our brand or retailer partners, as applicable. We may share your email address, billing (including credit card type and last four digits of your credit card number), purchase, shipping and return information with the applicable brand, retailer and any fulfillment companies. After your order, the applicable brand or retailer is solely responsible for all customer order fulfillment, customer service, shipping, returns and exchanges. The use of your Personal Information by brands or retailers is subject to their respective privacy policies.
Information We Share with Your Consent We may share your Personal Information to fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide the information, with your consent, or to third parties designated by you.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email stating your request to [email protected].
• Promotional Offers from the Company. If you do not wish to have your email address or contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can send us an email stating your request to [email protected].
• Additional Choices.
• You can use some of the features of the Services without registering for an Account, thereby limiting the type of information that we collect.
• You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features.
• You can delete your Account. Please note that we will need to verify that you have the authority to delete the Account, and activity generated prior to deletion will remain stored by us and may be publicly accessible.
• You may opt-out of providing your Personal Information to the Application at any time by uninstalling the Application.
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 opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the Services and visiting your account profile page.
You may also send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
New Stand Inc. 306 Bowery New York, NY 10012 [email protected]
Addendum A California Residents Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: New Stand Inc., 306 Bowery, New York, NY 10012.
Addendum B Non-US Users If you are a non-U.S. person, you agree to refuse access to the Services and notify us that you have been in contact with the Services. If you inadvertently exchange personal information with the Services, you waive any and all rights other than those arising expressly under this Policy. You acknowledge such personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing your data, you consent to such transfer.
1.1 We may receive Personal Information from you or the Intermediary or its affiliates for the purpose of performing the Services or such other services as may be provided in accordance with our agreement with the Intermediary. No other use or disclosure of such Personal Information is permitted without the express prior written consent of the Intermediary. We will not sell your Personal Information under any circumstances and for any purpose.
1.2 In the event that we are required under applicable law to engage in any Processing of Personal Information, we will, unless a legal requirement prohibits us from doing so, inform the Intermediary of the relevant legal requirement prior to such Processing and in any event shall keep such Processing to an absolute minimum to the fullest extent permissible by applicable law.
1.3 In the event that we are required under any applicable Data Protection Legislation to report a suspected Personal Information Breach or other security incident to any government or regulatory entity, we will, unless a legal requirement prohibits us from doing so, inform the Intermediary of the relevant legal requirement prior to such report.
1.4 We will report to the Intermediary any Personal Information Breach, or any legislation or change therein that prevents
us from complying with any provision of this Section. Our report may identify the following:
1.4.1 the nature of Personal Information Breach;
1.4.2 the Personal Information used or disclosed or otherwise involved in the Personal Information Breach (including where possible, the categories and approximate number of individuals concerned and the categories and approximate number of Personal Information records concerned);
1.4.3 the likely consequences of the Personal Information Breach and what corrective action we took or will
take to address the Personal Information Breach and to prevent further Personal Information Breaches;
1.4.4 what we did or will do to mitigate any deleterious effect of the Personal Information Breach; and
1.4.5 such other information, including a written report, as the Intermediary may reasonably request.
1.5 We will provide such other information concerning a Personal Information Breach as is reasonably requested by the Intermediary and will take all reasonable and appropriate actions to mitigate any harm caused by or arising from such Personal Information Breach, in consultation with the Intermediary.
1.6 We will provide such information and assistance to Intermediary as Intermediary may reasonably require, in order to allow Intermediary to comply with obligations to provide reports or notifications to, notices served by, or other communications from: (i) the UK’s Information Commissioner’s Office; (ii) the U.S. Securities Exchange Commission or other relevant federal agencies or as required under relevant U.S. state law and related U.S. state agencies; (iii) the Office of the Privacy Commissioner of Canada, the Office of the Information and Privacy Commissioner (British Columbia), the Office of the Information and Privacy Commissioner (Alberta), the Commission d’accès à l’information (Quebec); (iv) the Australian Information Commissioner; (v) the Commission Nationale pour la Protection des Donnèes (National Commission for Data Protection Grand-Duchy of Luxembourg); (vi) the Cayman Islands Ombudsman; or (vii) any other supervisory authority or regulator of Data Protection Legislation.
1.7 On termination of our agreement with the Intermediary (or as otherwise instructed by Intermediary) we may delete, put beyond reasonable use or return the Personal Information to Intermediary (as instructed by Intermediary) and any copies thereof unless required by applicable law to retain such Personal Information.
1.8 We will afford (and procure that its permitted sub-processor afford) access on reasonable notice and at reasonable intervals to any premises, facilities or equipment (excluding server rooms or data relating to other customers) used to process relevant Personal Information to enable Intermediary or Intermediary’s auditor (as applicable) to ensure that we are complying with its obligations under this Section and/or that our permitted sub-processors are complying with the equivalent contractual obligations imposed on them to Intermediary’s auditor and Intermediary, to the extent required by applicable laws.
Addendum C-1 California Residents Accessing Services via Third-Party Intermediaries
1.1 For the purposes of this Addendum C-1, “CCPA” means the California Consumer Privacy Act of 2018 and any statutory instrument, order, rule or regulation made thereunder, each as from time to time amended, extended, re- enacted or consolidated and any guidance or codes of practice issued by the relevant data supervisory authority; and “Personal Information” shall have the definition set out in the CCPA, Cal. Civ. Code § 1798.140(o)(1).
1.2 Pursuant to our obligations under the CCPA, we will delete Personal Information received from Intermediary in response to a verifiable request from a consumer (a “Verifiable Consumer Request”). Upon receipt of a Verifiable Consumer Request, Intermediary is obligated to notify us in writing of the Verifiable Consumer Request (“Notice”). Upon receipt of such Notice from Intermediary, we will confirm receipt of the Notice within 48 hours and we shall promptly, and no later than thirty (30) days following receipt of the Notice, certify to Intermediary, and provide documentation evidencing to the reasonable satisfaction of Intermediary, that we have complied with the Verifiable Consumer Request.