1. What personal data do we collect?
1.1 We may collect the following information:
1.1.1 Information that you provide to us (e.g. by completing a form on the Website or contacting us).
- Your name and contact details (including telephone number, home address and email address);
- Billing information (including delivery address and payment details, including credit card information). We reserve the right to request additional evidence or proof of billing information where we think this is necessary;
- Expressed personal preferences (e.g. communications and language settings);
- Information related to Giveaways;
- Interactions with us (e.g. transaction history); and
- Correspondence and communications between us and you.
1.1.2 Information we collect from your use of the Website We may automatically collect the following information:
- Technical information, including your computer's IP address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
- Information about your visit, including the URL clickstream to, through and from our Website (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
1.3 You do not have to provide personal data to access the Website but certain functionality (such as being able to purchase our products via the Website) will not otherwise be available to you.
1.4 You confirm that all information you provide to us at any time is true, accurate and complete.
1.5 You must not provide information about anyone else unless you have that party’s permission to do so.
1.6 This site is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that https://smart-pixl.com is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/unsub.html
2. Why do we need your personal data?
2.1 We may use your personal data for the following reasons:
- Order management and fulfillment and to complete any contractual arrangements between us and you including through our website hosted by Shopify;
- Transaction processing (including the processing of your payment details, credit checks and fraud prevention activities). These checks may be required, among other things, to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorization and/or to authorize individual purchases;
- Website and business analysis, administration and management;
- Texting marketing and promotional information;
- Allowing you to participate in the interactive features of the Website (e.g. accessing social network platforms);
- Sending you communications via newsletter subscription run by Klaviyo – should you elect affirmatively to sign up and receive - about our products, services and promotions (including service updates) and making product or service recommendations to you;
- Sending you a discount code for your first purchase when you sign up for the newsletter;
- Customizing the Website to suit your preferences;
- Giveaways including those run by DojoMojo;
- Our loyalty program run by Yotpo;
- Marketing purposes including including (1) affiliate marketing programs with ShareASale; (2) our virtual quiz; (3) our loyalty program Yotpo; (4) texting via Klaviyo and (5) our newsletter hosted by Klaviyo;
- Keeping our Website secure; and
- Collecting money owed to us.
2.3 We may also disclose personal data to third parties in the following circumstances:
- Banks and the providers of credit reports for the purposes of transaction processing, which may keep a record of that information. If you choose a direct payment gateway to complete your purchase, we will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After your purchase transaction is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, and American Express. PCI-DSS requirements help to ensure the secure handling of credit card information by our store and its service providers;
- Certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. We recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers;
- Third parties (such as social networks), where you direct us to do so. Your personal data will become subject to the privacy policies of those third parties when it is shared with them. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements;
- If we or substantially all of our assets are acquired by a third party, in which case personal data held by us about our customers will be one of the transferred assets that may be disclosed to the prospective and eventual buyers; or
2.4 In carrying out the above activities, we may transfer your personal data. Wherever we transfer your personal data, we will take steps to safeguard it.
2.5 By submitting your personal data, you agree to us transferring, storing or processing your personal data as outlined above.
- Strictly necessary cookies are essential for your use of the Website and its features, such as making a product purchase. We have to use these cookies to make the Website work as it should, whether or not you agree to cookies being used;
- Performance cookies collect information about how visitors use the Website, so that we can understand how our Website is used. We may use Google Analytics for this purpose: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies;
- Functionality cookies allow the Website to remember you in order to provide enhanced customized features (e.g. language preferences); and
3.3 To find out more about cookies, visit: http://www.allaboutcookies.org/manage-cookies/. Your browser settings may allow you to choose not to receive any cookies: you should consult the 'Help' section of your browser for more information. By rejecting or disabling cookies, certain Website content or functionality may not be available to you.
4. Keeping your personal data secure
4.1 We take steps to ensure that your personal data is protected against unauthorized loss or disclosure. However, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately misused, accessed, disclosed, altered, lost or destroyed.
4.2 You are responsible for maintaining the confidentiality of your account password and for any access to or use of our Website using your password, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or account or any other breach of security.
4.3 Our Website may contain links to and from third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies or how those third parties may use your personal data. Please check these policies before you submit any personal data to these websites.
4.4 We do not knowingly collect information about anyone under 18 years of age or the age of majority in your state or province of residence. By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
5. Your Rights
5.1 In accordance with applicable law, users of our Website may have the right to:
- access to the personal data that we hold about you;
- request that we correct, amend or update your personal data; and/li>
- request that we stop using your information for marketing purposes and, in certain circumstances, that we stop using your personal data altogether.
5.2 You may have additional rights under your local law.
6. California Laws
6.1 Do Not Track Notice
6.1.1 Under California law, website and online service operators are required to disclose how they respond to web browser "do not track" signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about a consumer’s online activities over time and across third party websites, to the extent the operator engages in that collection. At this time, we do not track our customers' personal information over time and across third-party websites and therefore this requirement does not apply to us.
6.1.2 California law also requires website and online service operators to disclose whether third parties may collect personal information about their users' online activities over time and across different sites when the users use the operator's website or service. Third parties that have content or services on our site such as a social feature, analytics service, or an advertising network partner, may obtain information about your browsing or usage habits but this information does not include personal information. We do not knowingly permit such third parties to collect any personal information from our site unless you directly provide it to us and we provide it to them with your consent.
6.2 California Privacy Notices
6.2.1 If you are a California resident under 18 years old and a registered user of the Site, you can request that we remove content or information that you have posted to our Site or on our Social Media Channels. Please note that responding to your request may not ensure complete or comprehensive removal from our Site or on our Social Media Channels (e.g., if the content or information has been reposted by another user). To request removal of content or information, please contact us at the address, telephone or email below.
7. International Users.
7.1 Please note that the Website is directed towards users who reside in the United States, as well as users who reside outside the United States. By using the Website, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States. Some of these countries may not offer the same level of privacy protection as your own. Any such transfers will comply with safeguards as required by relevant law. If applicable, you may have a right to claim compensation for damages caused by a breach of relevant data protection laws.
7.2 If you are a resident of the EEU or Switzerland, the following information applies:
7.2.1 Right to lodge a complaint Users that reside in the EEA or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here.
7.2.2 Purposes of processing and legal basis for processing As explained above, we process personal data as defined under data protection laws in various ways depending upon your use of the Website. We process personal data on the following legal bases: (1) with your consent; (2) as necessary to sell products; and (3) as necessary for our legitimate interest in operating the Website where those interests do not override your fundamental rights and freedom related to data privacy.
7.2.3 Transfers Personal information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. Upon the start of enforcement of the General Data Protection Regulation (GDPR), we will ensure that transfers of personal information to a third country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR.
7.2.4 Individual Rights If you are a resident of the EEA or Switzerland, you are entitled to the following rights, which may be exercised by contacting us as described below. In order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing information about you.
- The right to request data erasure. You have the right to have your data erased from our website if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
- The right to restrict or object to our processing. You have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.
7.2.5 The provisions of this Section 7.2 are intended to comply with the provisions of the GDPR, and should be interpreted in a manner to be consistent therewith.
8. Mobile Terms
8.1 Only individuals who opt into texting on this website will receive texts (the “Service”) for the purpose of receiving the newsletter, cart reminders, and information about promotions and product launches. Texting is supported by Klaviyo, Inc. (“Klaviyo”) and information about Klaviyo and their terms can be viewed here.
8.1 For those who opt into texting, the following information will be taken from you by Us and shared with Klaviyo:
- Your Name
- Your Email Address
- Your Cell Phone Number
8.2 Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
8.3 We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and Data Rates May Apply.
8.4 Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted-in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers from Retrouve via text messages through your wireless provider to the mobile number you provided. Message frequency is recurring. Text the single keyword command STOP to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Retrouve mobile message programs and wish to cancel, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP or email firstname.lastname@example.org.
8.5 We may change any short code or telephone number we use to operate the Service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
8.6 The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Service prior to changing your mobile number.
8.7 You agree to indemnify, defend, and hold us harmless from any third party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
8.8 You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
8.8 To opt in to texting through our newsletter click here
10. Virtual Consult. You can sign up on our website for virtual consults. The information you enter will only be used to schedule a consult. Consultations will be done via phone, Zoom or FaceTime per your request. You should review the policies of Zoom and FaceTime before scheduling a virtual consult.
11. Virtual Quiz: The data collected from your submissions on the virtual quiz is used for internal marketing purposes only and to help you find the product that works best for you.
12. Loyalty Program: We operate our loyalty through Yotpo. More information about Yotpo including privacy policies can be found here.
13. Newsletter: Our newsletter operates through Klaviyo. You can opt out of the newsletter by clicking unsubscribe. More information about Klaviyo including privacy policies can be found here.
14. Affililiate Marketing: Our Affiliate Marketing Program is run by ShareASale. More information about how ShareASale including privacy policies can be found here.
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