We use personal information collected via our Sites for a variety of business purposes, as described below. We process your personal information for these purposes in reliance on our legitimate business interests ("Business Purposes"), in order to enter into or perform a contract with you, including but not limited to our terms of use, sweepstakes, etc. ("Contractual Obligations"), with your consent ("Consent"), and/or for compliance with our legal obligations ("Legal Reasons"). We indicate the specific processing grounds we rely on next to each purpose listed below. 

We use the information we collect or receive:

• To provide products and services to you for Business Purposes. We may use your information to fulfill orders, process payments, provide receipts and provide order updates, as well as to maintain your account with us and manage current or past purchases.
•  To send you marketing and promotional communications for Business Purposes. We and/or our third party marketing partners may use the personal information you provide us for our marketing purposes, if such use is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the "What Are Your Privacy Rights" section below).
• To send administrative information to you for Business Purposes, Legal Reasons and/or possibly to comply with Contractual Obligations. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
• To post testimonials with your Consent. We may post testimonials on our Sites that may contain personal information. Prior to posting a testimonial, we will obtain your Consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at privacy@andrewfitzsimons.com and be sure to include your name, testimonial location, and contact information.
• Deliver targeted advertising to you for our Business Purposes. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness. For more information, see our Cookie Policy.
• Administer prize draws and competitions for our Business Purposes and/or with your Consent. We may use your information to administer prize draws and competitions when you elect to participate in competitions.
• Request Feedback for our Business Purposes and/or with your Consent. We may use your information to request feedback and/or to contact you about your use of our Sites.
• To protect our Sites for Business Purposes and/or Legal Reasons. We may use your information as part of our efforts to keep our Sites safe and secure (for example, for fraud monitoring and prevention).
• To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and/or possibly to comply with Contractual Obligations.
• To respond to legal requests and prevent harm for Legal Reasons. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites, products, services, marketing and your experience. We may also use the information in other ways for which we provide specific notice at the time of collection.

WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We share information to comply with laws, to protect your rights, to offer you tailored Site features and marketing, and to fulfill business obligations.

In addition to the specific situations discussed elsewhere in this privacy policy, we may share and disclose your information in the following situations, with the parties noted below:

• Compliance with Laws. We may disclose your information to government officials, law enforcement authorities and other third parties where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
• Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, order fulfillment, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Sites, which will enable them to collect data about how you interact with the Sites over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity.
• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
• Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Sites. These companies may use information about your visits to our Site(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you. See our Cookie Policy for further information.
• Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
• Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
• With your Consent. We may disclose your personal information for any other purpose with your consent.
• Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Sites) or otherwise interact with public areas of the Site, such personal information may be viewed by all users and may be publicly distributed outside the Site in perpetuity.

DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy. As noted herein, we may work with third party advertising companies to provide advertisements for us. These advertising companies may use cookies and other technology to collect information about your use of our Site(s) and the advertisements you click on, in order to provide advertisements that are targeted to you. Information about opting-out of this form of targeted advertising from the companies we work with may be found in our Cookie Policy.

Do Not Track and Advertising Across Different Websites: We may not change our tracking practices in response to “do-not-track” signals or other similar mechanisms. Information about your browsing habits may be obtained by third parties that have content or services on our website as such third parties may not change their tracking practices in response to “do-not-track” signals from your web browser and we these parties are not obligated to honor “do-not-track” signals. For more information about browser tracking signals and “Do Not Track,” please visit http://allabountdnt.com.

Analytics Services: We may use analytics services, including Google Analytics, on our website and on our social media pages, among others, to help us determine how visitors use these platforms. For more information on how Google collects and uses information from our website or social media pages, you can visit: How Google Uses Data.

HOW DO WE HANDLE YOUR SOCIAL LOGINS?

In Short: If you choose to register or log in to our websites using a social media account, we may have access to certain information about you.

Our Sites may offer you the ability to register an account and login using either the username and password you provide, or your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public. If you login using Facebook, we may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission.

We will use the information we receive only for the purposes that are described in this privacy policy or that are otherwise made clear to you on the Sites. Please note that we do not control, and are not responsible for, other uses of your personal information by your third party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps. 

IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

 In Short: We may transfer, store, and process your information in countries other than the country in which the information was originally collected.

If you are accessing our Sites from outside the United States, please be aware that your information may be transferred to, stored, and/or processed by us and by those third parties that perform work for us in jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. Where required by law, we provide adequate protection for the transfer of personal data in accordance with applicable law, such as by obtaining your consent or executing Standard Contractual Clauses.  

If you are a resident in the European Economic Area, United Kingdom or Switzerland, you have the right to access personal data we hold about you and to ask that your personal data be corrected, updated or erased. You may also have the right to object to, or request that we restrict, certain processing. If you would like to exercise any of these rights, you may contact us at privacy@andrewfitzsimons.com.

WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

In Short: We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our Sites.

The Sites may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the Sites. You should review the policies of such third parties and contact them directly to respond to your questions.

HOW LONG DO WE KEEP YOUR INFORMATION? 

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). 

HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented reasonable and appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Sites is at your own risk. You should only access the services within a secure environment. 

DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit or collect data from or market to children under 18 years of age. BY USING THE SITES, YOU REPRESENT THAT YOU ARE AT LEAST 18 OR THAT YOU ARE THE PARENT OR GUARDIAN OF SUCH A MINOR AND CONSENT TO SUCH MINOR DEPENDENT’S USE OF THE SITE. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at privacy@andrewfitzsimons.com.

WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area, you may have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you may have certain rights under applicable data protection laws.  These may include the right (i) to request access and obtain a copy of your personal information that we maintain, (ii) to request rectification or erasure of your personal information that we maintain; (iii) to restrict the processing of your personal information; and (iv) if applicable, to request that we transfer the personal information that we’ve collected to another organization, or directly to you. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please contact privacy@andrewfitzsimons.com. We will consider and act upon any request in accordance with applicable data protection laws.  We may take reasonable steps to verify your identity before granting access or making corrections. You may request to access, change or delete your personal information by contacting privacy@andrewfitzsimons.com. 

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal. 

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites. For further information, please see our Cookie Policy. 

Opting out of email/text message marketing: You can unsubscribe from our marketing email/text message list at any time by clicking on the unsubscribe link in the emails that we send, by texting [STOP] to text message marketing, or by contacting us using the details provided below. You will then be removed from the marketing email/text message list – however, we may still need to send you service-related emails that are necessary for the administration and use of your account. You can also opt-out by:  

• Noting your preferences at the time you register your account with the Sites.
  
• Logging into your account settings and updating your preferences.
• Contacting us using the contact information provided below.

ARE THERE ADDITIONAL RIGHTS AND DISCLOSURES REQUIRED FOR CALIFORNIA RESIDENTS? 

In Short: Yes, the California Consumer Privacy Act (“CCPA”) provides California residents with specific rights regarding their personal information that is collected. 

Collection and Disclosure of Personal Information 

In the past 12 months, we have collected those categories of information set forth above in Section 1 of this Privacy Policy. We collect personal information for the purposes set forth in Section 2 of this Privacy Policy and we may provide your personal information to those third parties set forth in Section 3 of this Privacy Policy.  

Access to Information and Privacy Rights 

As a California resident, you have the right to (i) request additional information pertaining to your personal information that we have collected (including the sources from which such information has been collected), used, disclosed, and sold in the preceding 12 months, and our business purpose for collecting that personal information, (ii) request that we delete some or all of your personal data (subject to certain exceptions), and (iii) opt-out of any disclosure of storage, use, or sale of your personal data.  If you have any questions, or if would like to exercise your individual data rights under the CCPA, please contact us here or at 1-866-401-0891.  Note that we may ask that you provide certain information relating to your request in order to verify your identity. 

You may designate an agent to submit such requests on your behalf.  The agent will need to provide us with your signed permission to act on your behalf.   We may require you to verify your identity directly and confirm that the agent has your permission to submit the request on your behalf. 

Financial Incentive

We may offer financial incentives such as discounts and promotional offers when you provide us with contact information. When you sign-up for our email list or other discounts and promotional offers, you opt-in to a financial incentive. You may withdraw from a financial incentive by opting out from our emails or closing your account at any time. While we do not generally assign monetary or other value to personal information, California law requires that we assign value in the context of financial incentives. For such purposes, the value of the personal information provided is connected to the estimated cost of providing the relevant financial incentive(s) for which the information was collected. 

Sales of Personal Information

We do not sell your personal information for monetary consideration.  Applicable law, including the CCPA, may however deem our sharing of your personal information with third party service providers (including marketing services), as “sales” for purposes of the CCPA.  We therefore may “sell” your personal information by means of disclosure in exchange for valuable consideration.

Click here if you do not want us to sell your personal information to any third parties. 

Your exercise of any of your rights under the CCPA will not be used against you, or to discriminate against you in any way. 

DO WE MAKE UPDATES TO THIS POLICY?

In Short: Yes, we may update this policy to stay compliant with relevant laws. 

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Last updated” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.  

HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, email us at privacy@andrewfitzsimons.com, or by post to: 

ANDREW FITZSIMONS
225 Liberty Street, Suite 2301 
New York, NY 10281