PRIVACY
POLICY
Last updated: September 18th, 2020
Dear user,
Noise Gummies, LLC, its subsidiaries and affiliates, as applicable (collectively, “we” or “us” or “our”), appreciate your use of our website (the “Site”).
As a visitor to our Site and user (“you” or “your” or “user” or “users”) of our Products and Services, we consider your privacy, whether corporate or personal, to be of paramount importance and at the top of our priorities. Information we gather from you as a user, not only facilitates interactions and transactions between us and you and other users, but also helps us continually improve your Site experience
Towards assuring you, your personal information and content, the security and protection that is informed by the requirements of law, we outline below our policy that governs the use of this Site (the “Privacy Policy”). By accessing and browsing the Site and/or using our Products and Services, you are agreeing to be bound by and affirm that you are conversant with our Privacy Policy, as amended and modified from time to time, and its limitations or qualification. Please read it carefully. Please also note that we may, at our sole discretion, modify or revise our Privacy Policy at any time by updating the text of this page without notice to you, and you are bound by any such modification or revision. You should therefore visit this page periodically to review our Privacy Policy. Your continued access, use and/or browsing on this Site following the posting of changes to the Privacy Policy means you accept those modifications or revisions.
Acceptance of this Privacy Policy
By using the Site and its related sites you expressly consent to our collection, use, disclosure, and retention of your personal information as described in this Privacy Policy.
This Privacy Policyis effective immediately and is incorporated by reference into, and a part of our Terms and Conditions, which governs your use of our Site in general.
You can browse our Site without telling us who you are or revealing any personal information about yourself. If you register for an account with us, you give us your personal information, and you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that content on our servers located in the United States and with respect to our affiliates, elsewhere in the world where we may have a presence.
Information and data we may collect from you
When you visit our Site or use our Products and Services, we collect content sent to us by your computer, mobile phone, or other access device. This content is not associated with you personally unless you open an account or purchase a Product on the Site.
We collect the following types of personal information in order to provide you with the use and access to our Site and our Products and Services:
- (i) Your full name;
- (ii) Your address (physical and/or e-mail);
- (iii) Your phone number;
- (iv) Credit card payment details;
- (v) Billing address;
- (vi) Unique identifiers such as user name, account number and password;
- (vii) Preferences information such as product wish lists, order history, marketing preferences, and reminder and notification preferences;
As it is the practice, we automatically gather information about your computer such as your IP address, time and date of visit, browser type, referring/exit pages and operating system. We may log this information for system administration, order verification, internal marketing and system troubleshooting purposes.
Information Sharing
We offer sign-on Products and Services that allow you to use third party login credentials to access our Site. We also offer Products and Services that allow you to share content with third party social media websites such as Facebook, Google Plus, Twitter, and others.
We may provide your personal information to companies that provide services to help us with our business activities such as charging your order, shipping your order or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us.
We may also disclose your personal information:
- as required by law for purposes of law enforcement, subpoena, and judicial proceedings, including a valid court order;
- when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a government request;
- other third parties to whom you explicitly ask us to send your content (or about whom you are otherwise explicitly notified and consent to when using a specific Product and/or Service); or
- other business entities, should we plan to merge with or be acquired by a given business entity. (Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information will be used contrary to this Privacy Policy, you will receive prior notice.).
We may share non-personal information (such as the number of daily visitors to a particular web page or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.
We do not sell your personal information to third parties, and we do not authorize the collection of our members' or visitors' personally identifiable information by any third parties for the third parties' use.
How we use your information
Our primary purpose in collecting personal information is to provide you with access to our Site and our Products and Services, and provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
- where applicable, process transactions between you and us;
- process data internally, for instance compile statistical content about your interests and that of other users in relation to the services on our Site, whether for marketing or sale to third parties with a view to monetization;
- provide you with content and Products and Services that you request from us;
- provide access to our Site and the Products and Services and user support you request;
- resolve disputes and troubleshoot problems;
- prevent, detect, and investigate potentially prohibited or illegal activities, and enforce our Terms and Conditions;
- customize, measure, and improve our services and content, and advertising to ensure you have a better user experience on our Site;
- deliver targeted marketing, Product and Service updates, and promotional offers based on your communication preferences; and
- contact you, for the purposes provided in this Privacy Policy, any other of our policies or for whatever reason, at telephone numbers we have collected, by placing a voice call or through text (SMS) or e-mail messaging, as authorized by this Privacy Policy.
To review and update your personal information to ensure it is accurate, contact us at operations@takeboost.com
Information on third-party links
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of content we collect from you. If you disclose your content to third parties, whether they are users on our Site or other sites throughout the internet, different rules may apply to their use or disclosure of the content you provide to them. When you click links and banners on our Site that take you to third party websites, you will be subject to the third parties’ privacy policies. Noise does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to ask questions before you disclose your personal information to others.
Privacy rights regarding your information
We enable you to share personal information using the Site and our Products and Services. We encourage you to protect your personal information in the ways listed below. If any of the rights listed below are not provided under law for your operating entity or jurisdiction, Noise has absolute discretion in providing you with those rights.
i. Access and portability
You may request that we provide you a copy of your personal information held by us. This information will be provided without undue delay subject to a potential fee associated with gathering of the information (as permitted by law), unless such provision adversely affects the rights and freedoms of others. In certain circumstances, you may request to receive your personal information in a structured, commonly used, and machine-readable format, and to have us transfer your personal information directly to another data controller.
ii. Rectification of incomplete or inaccurate personal information
You may request us to rectify or update any of your personal information held by Noise that is inaccurate. You may do this at any time by logging in to your account and clicking the profile.
iii. Erasure
You may request us to erase your personal information, subject to applicable law. If you close your Noise account, we will mark your account in our database as “Closed,” but will keep certain account information, including your request to erase, in our database for a period of time as described above. This is necessary to deter fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their account and opening a new account, and to comply with Noise legal obligations. However, if you close your account, your personal information will not be used by us for any further purposes, nor shared with third parties, except as necessary to prevent fraud and assist law enforcement, as required by law, or in accordance with this Privacy Policy.
iv. Withdraw consent
To the extent the processing of your personal information is based on your consent, you may withdraw your consent at any time. Your withdrawal will not affect the lawfulness of Noise’s processing based on consent before your withdrawal.
v. How to make a privacy request or lodge a complaint
You can make privacy rights requests or lodge a complaint relating to your personal information by contacting us at operations@takeboost.com. When we receive an individual rights request via other intake methods, we may take steps to verify your identity before complying with the request to protect your privacy and security.
CALIFORNIA RESIDENTS
A. PRIVACY RIGHTS
California residents have comprehensive privacy rights enshrined in (i) the California Constitution, (ii) the California Online Privacy Protection Act (CalOPPA), (iii) the Privacy Rights for California Minors in the Digital World Act, (iv) the Shine the Light Law, and (v) the California Consumer Privacy Act of 2018 (CCPA).
The California Constitution establishes the overarching inalienable rights of the state’s residents, which includes the right to privacy.
The most recent law in effect is the CCPA, which makes significant changes to privacy rights that are explained below.
D.CALIFORNIA CONSUMER PRIVACY ACT
The CCPA is the most recent Californian law on privacy to go into effect. It went into effect on January 1, 2020. This law applies to any business that (i) sells the personal information of 50,000 California residents annually, or (ii) that has an annual gross revenue exceeding $25 million, or (iii) derives more than 50% of its annual revenue from sales of the personal information of California residents.
Under the CCPA, California residents have the right to: (i) receive notice of a company’s practices surrounding the collection, use, sale and sharing of their personal information, (ii) know what personal information has been collected about the resident and the right to receive a copy thereof, (iii) deletion upon request, of personal information that a company has collected and retained on a California resident, (iv) opt-out of the collection of a California resident’s personal information by a company that sells such information, (v) opt-in for minors, if a company has active knowledge that the California resident is a minor or willfully disregards age, and (vi) non-discrimination of California residents that have exercised their rights under the CCPA.
We may be subject to the CCPA. Where it is deemed that we qualify to be subject to the CCPA, and in the event that we are, we shall endeavor to provide you with the relevant information on the use of your personal information, in accordance with the law.
More information is available at these resources: https://oag.ca.gov/privacy/ccpa. If you would still like to know more about your rights as a California resident, or if you would like to request information about our use of your personal information in accordance with the CCPA, you can contact us using the contact details provided below.
Promotions
Please note that if you have elected to receive promotional messages from us, you agree to receive messages from us at such address or number as you provided to us, unless and until you have elected not to receive such messages. You represent that you are the owner or authorized user of the device on which messages will be received, and that you are authorized to approve the applicable charges.
You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or contacting us at customerservice@takeboost.com.
Cookies
We use "cookies" (small data files placed within your computing device) on certain of our pages to help analyze our Site page flow; customize our Services, content and advertising; measure promotional effectiveness, and promote trust and safety. Cookies track your movement on our Site, including what you view, your transactions and what you purchase. They essentially serve to improve and personalize your experience on our Site.
A few important things you should know about our use of these technologies are:
- we offer certain features that are available only through the use of cookies and are therefore one of the primary ways in which we announce a new feature that was added since the last time you visited our Site;
- we use cookies to help identify you, track content about you and maintain your signed-in status;
- most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session;
- you are always free to decline our cookies if your browser permits, although doing so may interfere with your use of our Site or Products and Services;
- you may encounter cookies from third parties, known as service providers, that we have allowed on our Site that assist us with various aspects of our Site operations and services; and
- you also may encounter cookies from third parties on certain pages of our Site that we do not control and have not authorized. (For example, if you view a Site page created by another user, there may be a cookie placed by that page.).
Most web and mobile phone browsers or Flash players have functionalities that can be set to block or refuse the use of cookies. However, refusing a cookie may, in some instances, hinder or curtail your user experience on our Site or certain areas of it.
Security
Security is an integral part of our Site. We thus take the security of your personal information very seriously. We have put in place systems, structures and measures to safeguard and protect your personal information from being breached by third parties.
Even as we protect the security of your personal information, please note that there is no foolproof system that can guarantee the complete safety of a user’s personal information. We are therefore not liable for any breaches of our Site and/or your personal information on account of third party breaches, and make no guaranteed whatsoever to that effect.
To ensure your personal information is not compromised, please ensure you avoid leaving the password to your account exposed or sharing it with third parties. Notify us immediately at operations@takeboost.com, in the event you notice or suspect any breach to your account or personal information.
We will notify you as soon as possible, in the event we notice a breach to your account or personal information.
Shopify
We use the Shopify platform to host our store and to sell our Products and Services. Payments you make are processed through their platform.
Our contact information
Please feel free to contact us in the event of any questions or comments by writing to us at customerservice@takeboost.com
Effective Date: September 18th, 2020.