FreestyleUSA.com PRIVACY STATEMENT
Updated: February 15, 2017
Freestyle Brands, LLC (“Freestyle,” “we,” “us” or “our”) has created this privacy statement (this “Privacy Statement”) for our site (this “Site”) in order to demonstrate our firm commitment to privacy.
1. AGE REQUIREMENTS
Participation and registration on this Site is restricted to those individuals at least 18 years of age or those who possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. Consistent with the Children’s Online Privacy Protection Act, we will never knowingly request personally identifiable information from anyone under the age of 13 without obtaining parental consent. Moreover, we request that no information be submitted to this Site by Visitors under the age of 13. Children between 13 and 17 must obtain their parent or guardian’s consent to submit or post any information on this Site.
By registering or participating in services or functions on this Site, you hereby represent that you are (a) at least 18 years of age, or (b) are between 13 and 17 years of age and in possession of consent by a legal parent or guardian who has entered into the terms herein on your behalf.
2. PERSONAL INFORMATION COLLECTED
A. Personally Identifiable Information
We collect personally identifiable information from Visitors.
Visitors may provide Visitor Content (as defined in our Terms and Conditions) or personally identifiable information through optional, voluntary submissions, such as by contacting our customer service department via e-mail, entering submissions to receive our e-newsletters, registering on our Site, placing orders and participating in our polls, surveys and sweepstakes.
B. Aggregated Demographic Information
We gather aggregated demographic information through our tracking of Internet Protocol (“IP”) addresses and other types of traffic data (further explained in Section 4, below). This information is not linked to any personal information that can identify any individual person. Aggregated demographic information may be used by us and shared with third parties in order to provide tailored advertisements about goods and services that may be of interest to you.
C. Combined and Sourced Information
We may also combine information you give us with information we obtain from other sources, transactions and communications. This may include, but is not limited to, data from online marketing, mobile marketing and direct mail. We may also combine this information with data that is publicly available and from other data we receive from reputable sources. This may include, but is not limited to, postal address updates and demographic data. All data combined and stored with the online data is protected by this Privacy Statement.
D. Registering for an Account
If you create an account with us, you will be asked to provide information such as your full name and e-mail address.
If you purchase our products, you will be asked to provide billing, shipping and credit card information (including your name, address, telephone number, card number, card verification number / security code, and card expiration date). Billing and collection functions are handled by PayPal, and your order information shall be sent to PayPal in order for PayPal to provide these services to us. Please see PayPal’s privacy statements on its website for details on how PayPal treats this information.
We may offer interactive polls to Visitors so they can easily share their opinions with other Visitors and see what our Visitors think about important issues. Opinions or other responses to polls are aggregated and are not identifiable to any particular Visitor. We may use a system to “tag” Visitors after they have voted, so they can vote only once on a particular question.
Sometimes we post optional surveys in which we ask Visitors for contact information (e.g., their e-mail address and phone numbers) and demographic information (e.g., their zip code, age, or income level). The choice is yours; you do not have to answer surveys. If we are asking for optional information, we will mark the required information with an asterisk (*) so you know the unmarked fields are optional and you can skip them if you want.
H. Contests and Sweepstakes
Once in a while, we run contests and sweepstakes on our Site in which we ask Visitors for contact information (e.g., their e-mail address and phone numbers) and demographic information (e.g. their zip code, age, or income level). Sometimes a Visitor may be asked to fill out a brief survey in exchange for allowing such Visitor to enter the contest or sweepstakes. If we are asking for optional information, we will mark the required information with an asterisk (*) so you know the unmarked fields are optional and you can skip them if you want. Any sweepstakes and other contests will be subject to special rules which will be identified on this Site.
I. Other Information
Other types of information allow us to better tailor our content to our Visitors’ needs and help our advertisers and sponsors better understand the demographics of our Visitors.
(1) Site Navigational Information
As you navigate our Site, we may also collect information through the use of commonly used information-gathering tools, such as cookies and web beacons (“Site Navigational Information”). Site Navigational Information includes standard information from your web browser (e.g., browser type and browser language), your IP address, and the actions you take on our Site (e.g., the web pages viewed and the links clicked).
(2) Tracking by Search Terms
We sometimes track and catalogue the search terms that Visitors enter in our search function to find out which areas of our Site Visitors like and do not like based on the amount of traffic to those areas. This allows us to provide you with better service.
3. USE OF INFORMATION COLLECTED
A. Collection of Information
We will process and use information about you for the following reasons or in the following ways:
- for our market research purposes;
- to register you as a Visitor on this Site and manage and maintain your account;
- to provide products and services that you request;
- to contact you to inform you if you are the winner of our contests or sweepstakes;
- to process, validate, confirm, verify, deliver and track your purchases (including, but not limited to, processing payment card transactions, arranging shipping and handling returns and refunds, and contacting you about your orders, including by telephone);
- to maintain a record of the purchases you make on this Site;
- to respond to your questions and comments and provide customer support;
- to communicate with you about our products, services, offers, events and promotions, and offer you products and services we believe may be of interest to you (such as, but not limited to, direct marketing of our new campaigns);
- to share aggregated demographic information with our sponsors, advertisers, partners, and other third parties;
- to tailor our products and services to suit your personal interests and the manner in which you use this Site and related mobile applications and social media assets;
- to analyze and enhance our marketing communications and strategies;
- to analyze trends and statistics regarding Visitors’ experience when visiting this Site, related mobile applications or social media assets, and the purchases Visitors make on our Site;
- if we need to send the information to third-party partners, vendors, agents, or service providers who work on our behalf to provide a product or service for you and to provide other related services, including, but not limited to, payment processing, shipping, order tracking, promotional fulfilment, and customer service;
- if we need to respond to valid legal process, including, but not limited to, a search warrant, subpoena, or court order, and any other instance when we believe we are required to do so by law;
- if we deem it necessary to disclose personally identifiable information, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, or to protect our rights or interests, including exchanging personally identifiable information with other companies and organizations for credit fraud protection and risk reduction; or
- for any other purpose or use, provided we have your consent.
B. Sale or Acquisition of Assets
If we sell Freestyle, our subsidiaries or business units, Visitor information generally is one of the transferred business assets. Also, if we or substantially all of our assets are acquired, your information as a Visitor on this Site will be one of the transferred assets. If we purchase a business, the personally identifiable information received with that business would be treated in accordance with our Privacy Statement in effect at that time, so long as it is practicable and permissible to do so.
If we sell a business, we will include provisions in the selling contract requiring the purchaser to treat your personally identifiable information in the same manner required by our Privacy Statement in effect at that time. The provisions of this paragraph will apply also if we are sold as a part of bankruptcy proceedings.
C. Retention of Data
We may retain any data you submit to us or that we otherwise gather from your visits to our Site. Upon your written request to [email protected], we will delete any of your personally identifiable information that is not otherwise collected in connection with your purchases on our Site. You understand that we will retain any information collected from purchases on our Site. We will process any data we receive in accordance with applicable laws and regulations governing the processing of such data. In accordance with our general security measures, as further described in Section 7 below, we take appropriate physical and technical measures to protect any such data we retain against accidental or unauthorized disclosure, access, or destruction.
4. SITE NAVIGATIONAL INFORMATION
As stated above, we use Site Navigational Information to collect information as you navigate our Site. This Section describes the types of Site Navigational Information we may collect and how we may use this information.
A. IP Addresses
An IP address is a number that is automatically given to your computer when you surf the web. We use your IP address to help diagnose problems with our server to administer our Site, and to provide aggregate data to advertisers about the volume of use on our Site. Your IP address is also used to gather broad demographic information. We do not link IP addresses to anything personally identifiable, which means that your session will be logged, but you will remain anonymous to us. Notwithstanding the foregoing, we can and will use IP addresses to identify a Visitor when we feel it is necessary to enforce compliance with our Terms and Conditions or to protect our services, this Site, other Visitors, or other parties.
5. THIRD PARTY LINKS
This Site may contain links to other sites. For example, if you “click” on a banner advertisement, the click will take you away from our Site and to other websites. We are not responsible for the privacy practices or the content of such other websites. Please remember that whenever you give out personal information online – for example, via message boards or chat features – that information can be collected and used by people you do not know. While we strive to protect our Visitors’ personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.
For the avoidance of doubt, if we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit or otherwise make available on those websites may be viewed by the general public. We do not control the user-posted content on our social media homepages and are not responsible for any third-party use of your personal information that you have posted, transmitted or otherwise made available there.
6. MOBILE ALERTS
By entering your mobile telephone number on our customer form on this Site or via sweepstake forms, then selecting "I hereby consent to receive text messages from or on behalf of Freestyle at this phone number. I understand that consent is not a condition of purchase" and then replying “Y” to confirm and e-sign, you are providing your consent and agreement that you are 18 years of age or older, or if you are 13 years of age or older, that you have parental consent to receive commercial text messages and alerts from us on your mobile phone. You agree to receive such texts once you have consented in the manner set forth above even if you are on a state and/or federal Do Not Call List.
You can expect to receive up to five (5) messages per month. Promotional text messaging shall include event alerts and updates, discounts, and special offers available to mobile alert participants. We respect your privacy and will never sell or share your cell phone number except in accordance with this Privacy Statement.
We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an “AS IS” basis.
Message and data rates may apply. This service may not be available on all carriers.
You may cancel the program at any time by texting the keyword "STOP" to the short code_______. We will send you a final text confirming your cancellation. You agree and give consent to receive this one (1) last text.
You may text the keyword "HELP" to the short code _________ to receive more information.
This Site has security measures in place to protect the loss, misuse and alteration of the information under our control. We exercise reasonable care in providing secure transmission of your information from your computer to our servers. Unfortunately, no computer security system can be 100% secure. Therefore, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we will use reasonable efforts to ensure its security on our systems.
8. CHOICE; OPT-OUT; TERMINATION
We give Visitors the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about Visitors.
Visitors have the option of removing their information from our database to stop receiving future communications and/or our services by clicking on the “unsubscribe” feature within the e-mail communication, if any, or sending an e-mail to [email protected]. Visitors may opt-out of participating in certain interactive areas (e.g., participation in online shopping or sweepstakes).
For information about how to terminate your account, please see our Terms and Conditions page.
To unsubscribe from any third-party e-mail marketing efforts, please contact those third parties directly.
PLEASE NOTE THAT THIS SITE’S UNSUBSCRIBE PROCESS AND OPT-OUT PROVISIONS ONLY EXTEND TO FUTURE COMMUNICATIONS SENT BY US ON OUR OWN BEHALF. YOU ARE RESPONSIBLE FOR UNSUBSCRIBING FROM AND/OR OPTING OUT OF FUTURE COMMUNICATIONS FROM THIRD PARTIES WHO RECEIVE YOUR INFORMATION AS A RESULT OF YOUR PRODUCT PURCHASES.
AFTER SUBMITTING YOUR PERSONAL INFORMATION TO SUCH THIRD PARTIES, WE HAVE NO CONTROL OVER SUCH INFORMATION AND HAVE NO LIABILITY WITH RESPECT TO THIRD-PARTY USE OF YOUR INFORMATION.
9. COMPLIANCE WITH THE TELEPHONE CONSUMER PROTECTION ACT ("TCPA")
You must provide your written consent prior to receiving any autodialed and/or pre-recorded telemarketing calls and/or text message from us or on our behalf. You will be asked to consent by agreeing to the following statement “I hereby consent to receive autodialed and/or pre-recorded telemarketing calls from or on behalf of Freestyle at this phone number. I understand that consent is not a condition of purchase.” By doing so, you are providing your consent and agreement that you are 18 years of age or older, or that you are 13 years of age or older and you have parental consent to receive telephone calls from us on your phone.
10. MODIFYING YOUR INFORMATION
Although it is not always possible to remove or modify information (other than a registered account holder’s information, as described in Section 8, above), we will make reasonable efforts to do so. If you would like to change or modify information that you previously provided, please send an e-mail with your update/corrections to us at [email protected].
11. CONTACTING THIS SITE
If you have any questions about this Privacy Statement, the practices of this Site, or your dealings with this Site, you can contact [email protected] or you may also send inquiries by mail to:
Freestyle Brands, LLC
3330 Earhart Drive
Carrollton, TX 75006
Attn: Privacy Coordinator
12. FRAUD PROTECTION
We make every effort to ensure that your transaction is safe and secure. Unfortunately, from time to time we receive orders that are suspicious in nature. In an effort to verify these orders and protect against the unauthorized use of your credit card, we may contact you via e-mail and ask that you confirm details about your account. We realize that this may cause a delay for Priority Orders if such information cannot be verified within twenty-four (24) hours. However, this procedure is for your protection. If we do not hear back from you within five (5) business days of our e-mail request, your order will be cancelled. We reserve the right to cancel any order that we deem suspicious or fraudulent. We are committed to providing our Visitors with the highest level of customer service possible as well as a positive shopping experience.
13. YOUR ACCEPTANCE OF THESE TERMS
By using this Site, you signify your agreement to this Privacy Statement. If you do not agree to this Privacy Statement or our Terms and Conditions, please do not use our Site. We reserve the right to change this Privacy Statement at any time. We will post a notification on this Site in the event of any material changes to this Privacy Statement. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this Site. Please check this Privacy Statement periodically for changes. Your continued use of this Site following our posting of any changes to this Privacy Statement means that you accept such changes.
14. TERMS AND CONDITIONS
15. CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you may request that we provide to you: (a) a list of the categories of personal information about you that we have disclosed to third parties for the third parties’ direct marketing purposes during the calendar year preceding your request; (b) the names and addresses of such third parties; and (c) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services marketed, if known to us, sufficient to give you a reasonable indication of the nature of the third parties’ business.
To submit your request, please e-mail us at [email protected], or you may also send inquiries by mail to:
Freestyle Brands, LLC
3330 Earhart Drive
Carrollton, TX 75006
Attn: Privacy Coordinator