Updated and Effective: April 28, 2022.
Online advertising and analytics providers and similar third parties
How we respond to “do not track” signals
Consent to transfer and storage in the United States
Your choices and accessing and updating your personal information
Information for residents of the European Union, European Economic Area, and the United Kingdom
Notice to California residents
GENERAL AUDIENCE SITE
Our Channels are intended for a general audience and are not intended for use by or targeted to children younger than the age of 18. We do not knowingly collect personal information from children younger than the age of 18. If you are the parent or legal guardian of a child younger than age 18 and believe that we have inadvertently collected personal information from your child, please contact us using the information in the “Contact Us” section below.
INFORMATION WE COLLECT
We collect information from you directly, automatically when you visit the Channels, and from third parties. Some of this information may be considered “personal information” under various applicable laws. We consider information that identifies you as a specific, identified individual (such as your name, phone number, and e-mail address) to be personal information. We will also treat additional information, including IP addresses and cookie identifiers, as “personal information” where required by applicable law. Some of the personal information we collect includes first and last name, email addresses, postal addresses, and telephone numbers. We may also collect other information about you, such as payment card data or other payment information, information about your purchases and other transactions with us, information you submit when applying for a private label credit card (e.g., household income), demographic information (e.g., your gender, birth date, ZIP code/postal code, or similar information), information about the device you are using to access the Channels, and information about your preferences and interests.
We may take your personal information and de-identify it so as to make it non-personally identifiable, either by combining it with information about other individuals and/or by hashing the information or otherwise removing characteristics that make the information personally identifiable directly to you. We will treat de-identified information as non-personal to the fullest extent allowed by applicable law.
We may combine the information we collect online with information we collect in our stores or elsewhere offline.
Information you provide directly
We may ask you to provide certain information to us when you use the Channels or offline. For example, you may give us your information when making a purchase or completing another transaction, joining our affiliate program, applying for a private label credit card, interacting with customer service (including live chat), and through interactive features. When interacting with customer service, you may have the option to allow our representatives to share your screen. If you choose to permit screen sharing, we may be able to view any data and applications present on your device screen at that time.
Community forums and user submission
Social networking features
Information provided by third parties
Information the Channels automatically collect when you interact with us
Ayda and our third-party business partners, including service providers, analytics providers, advertisers, and third-party content providers, may automatically or passively receive and record certain information about your use of the Channels whenever you visit or interact with the Channels, such as: your IP address, mobile device identifier, or similar device identifier; browser type; type of device you use to access the Channels; the domain name from which you arrived at the Channels; the time of day you visit our Channels; Location Data (defined below); and specific pages or areas of the Channel through which you navigate and how you interact with those pages or areas ("Usage Information"). This information helps us create a better experience for our users and provide you with targeted advertising. Please see the “Online Advertising and Analytics Providers” section below for more information about how to control the use of your personal information for the purposes of advertising. We typically consider Usage Information to be non-personal, but as stated above, we will treat certain Usage Information, such as IP addresses, as personal information where required by applicable law.
We may capture and record or infer certain location data regarding your use of the Channels and your travels ("Location Data"). We may link that Location Data to other information that you provide to us or that may be accessed in connection with your use of the Channels. We may directly collect precise Location Data from the device you use to access the Channels if you have opted-in to such collection through our mobile application (if we offer one) or your browser. You may be able to turn off the collection of precise location Data through your device settings. However, please note that we may still be able to infer your approximate location through other information we collect, such as IP address.
The methods used to collect Usage Information may include:
Cookies and local storage
“Cookies” and local storage are pieces of information (data files) transferred to an individual’s browser on their device when the device is used to visit a Channel. These technologies are able to store a unique identifier for a device to allow a certain Internet site to recognize the device whenever the device is used to visit the site. These technologies may be used for many purposes by us and our third-party service providers, such as automatically collecting Usage Information, enabling features, remembering your preferences, and providing you with targeted advertising elsewhere online. If you do not want to accept cookies, you can block them by adjusting the settings on your Internet browser. You can find more information about cookies and how they work at https://www.allaboutcookies.org/.
Certain browsers or browser add-ons may provide additional local data storage mechanisms that are used in a manner similar to cookies, and some of the content included on our Channels may make use of this local storage. If you choose to disable cookies, or to otherwise restrict local storage, some features of the Channels may not function properly, including the shopping cart and ordering processes.
Small graphic images or other web programming code called web beacons (also known as “pixel tags,” “1x1 GIFs,” or “clear GIFs”) may be included in our web pages and email messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to a Channel, to monitor how users navigate the Channel, to count how many emails that were sent were actually opened or to count how many particular links were actually viewed.
An embedded script is programming code that is designed to collect information about your interactions with the Channels, such as the links you click on. The code is temporarily downloaded onto your device from our server or a third-party service provider, is active only while you are connected to a Channel and is deactivated or deleted thereafter.
In addition, we may use a variety of other technologies that collect similar information for security, fraud detection, site functionality and operational purposes.
OUR USE OF INFORMATION
We may use information collected from or about you, including your personal information and Usage Information to:
- allow you participate in the Channels, or features or activities we offer, including our credit card or loyalty programs or sweepstakes, contests, or other prize promotions;
- process a transaction (through our Channels or in our stores) or your account registration, verify your identity or eligibility, and send you confirmations and receipts;
- send you information and special offers (including through direct mail, email, text message, and on-device notifications) from us, our advertisers, or third-party business partners;
- to contact you regarding any problems with your merchandise order or account; and to respond to your inquiries and provide customer service related to your use of the Channels;
- administer and manage our affiliate program, through which third parties make money by referring customers to our Channels;
- protect each party from errors, misuse of the Channels, fraud, or any criminal activity;
- help us serve you better, including personalizing your shopping experience and tailoring content, recommendations, and offers we display to you, including advertisements, both on the Channels and elsewhere;
- improve the Channels or our products and services and for legal, regulatory and internal business purposes;
- detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for the Channels; and
Affiliated Brands for direct marketing
Ayda may share your information with companies associated with Ayda (“Affiliated Brands”), for business, analytical, and operational purposes. We also share personal information with these affiliated companies so that they may contact you with their own direct marketing. You may opt out of our sharing personal information we have collected about you with Affiliated Brands for their direct marketing purposes as described in the “Updating Your Personal Information and Choices” section below. California residents, please see our “Notice to California Residents” section below for additional information about California privacy rights.
Unaffiliated Third Parties for direct marketing
We may share personal information with unaffiliated third parties for their own direct marketing and other purposes. You may opt out of our sharing personal information we have collected about you with unaffiliated third parties for their direct marketing purposes as described in the “Updating Your Personal Information and Choices” section below. California residents, please see our “Notice to California Residents” section below for additional information about California privacy rights.
Third Parties providing services on our behalf
We may use third-party service providers to perform certain services on our behalf, such as hosting the Channels or Channel features, delivering packages, processing credit card payments, processing transactions and fulfilling orders, removing repetitive information from customer lists, providing customer service, providing website usage analytics, providing search results and links (including paid listings and links), providing targeted advertising, sending email, direct mail or other communications, providing marketing assistance and data analysis or enhancement, or performing other administrative services. We may give these service providers access to your information (or allow them to collect information from or about you) so that they can carry out the services they are performing for you or for Ayda.
When you agree to receive information from third parties or request that we share your information
Other cobranded partners
Cobranded partners are entities with whom we work to offer a service or feature. You can typically tell when you are accessing a service offered by a cobranded partner because the cobranded partner’s name will be featured prominently. You may be asked to provide information about yourself to utilize a feature offered by a cobranded partner. In doing so, you may be providing your information to both us and to the cobranded partner, or we may share your information with the cobranded partner in order to allow you to participate in the feature. Please note that the cobranded partner’s policies will apply to its collection and use of your information, not this policy.
Business transfers and transitions
In the event Ayda goes through a transition (such as a merger, acquisition, bankruptcy or sale of all or a portion of its assets, including, without limitation, during the course of any due diligence process), your information will likely be among the assets transferred. By providing your personal information, you agree that we may transfer such information to the acquiring entity without your further consent.
Sweepstakes, contests, & promotions
We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the provisions, conditions, or official rules that govern that Promotion, which may contain specific requirements of you (including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing materials). If you choose to enter a Promotion, personal information may be disclosed to third parties (including, without limitation, a co-sponsor) or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s terms or official rules (such as on a winners list).
Administrative and legal reasons
Ayda reserves the right to use or disclose any information as needed to satisfy any law, regulation or legal request; to protect the integrity of the Channels; to fulfill your requests; to cooperate in any law enforcement investigation, an investigation on a public safety matter, or an investigation into claims of intellectual-property infringement; to protect and defend the legal rights or property of Ayda, our affiliates and shareholders, any Channel or its users, or any other party; or, in an emergency, to protect the health and safety of our users or the general public. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
If you apply for a job through the Channels, we or our service provider(s) may ask you to provide self-identifying information (such as veteran status, gender, and ethnicity) in conjunction with laws and regulations enforced by, as applicable, the Equal Employment Opportunity Commission and other federal, state, provincial/territorial, and local regulatory agencies. Providing such self-identifying information is voluntary, but if you do provide such information, we and/or our service provider may submit that information to the appropriate government or regulatory agencies to fulfill reporting requirements and use that information to defend against employment-related complaints.
THIRD-PARTY LINKS & CONTENT
The Channels may link to or incorporate websites, advertising or content hosted and served by third parties over which we have no control, and which are governed by the privacy policies and business practices of those third parties. Ayda is not responsible for the privacy practices or business practices of any third party.
ONLINE ADVERTISING AND ANALYTICS PROVIDERS AND SIMILAR THIRD PARTIES
We may work with network advertisers, ad agencies, analytics service providers, and other vendors to serve our advertisements on our Channels and third-party websites, apps, and elsewhere online and to provide us with information regarding use of and traffic on the Channels (including without limitation the pages viewed and the actions users take when visiting the Channels) and the effectiveness of our advertisements. For example, if you click on an advertisement for Ayda, our service provider(s) may be able to tell us the advertisement you clicked on and where you were viewing the advertisement. The advertisements you see may be served by us or one or more third parties, who may use information about your activities on the Channels, and other websites and services you visit across the various devices you use, to provide you targeted content and advertising. Our service providers may collect certain information about your visits to and activity on the Channels and other websites and services and may use this information to target advertising to you.
These third parties may set and access their own tracking technologies on your device (including without limitation cookies and web beacons) and may otherwise collect or have access to information about you (such as Usage Information and device identifier). Some of these parties may collect personal information over time when you visit the Channels or other online websites and services. Cookies and web beacons, including without limitation those set by third-party network advertisers, may be used to (among other things): target advertisements, prevent you from seeing the same advertisements too many times, and conduct research regarding the usefulness of certain advertisements to you. We may share certain information such as device identifiers, usage Information, hashed information, records of transactions you conduct on our Channels or offline, and other types of de-identified information with third-party advertising companies, analytics providers, and other vendors for advertising and analytics purposes. In addition, we and our third-party service providers may use this information to perform matching with third-party cookies in order to provide targeted online marketing.
We use a variety of third parties to perform advertising and analytics services, and some of these companies may be members of the Network Advertising Initiative (“NAI”) or Digital Advertising Alliance (“DAA”). You may wish to visit https://optout.networkadvertising.org/, which provides information regarding targeted advertising and the opt-out procedures of NAI members, including opt out mechanisms for web browsers, mobile and other connected devices, and a tool to opt out from participating NAI members using your hashed email address for interest-based advertising. You may also want to visit https://optout.networkadvertising.org/, which provides information regarding targeted advertising and offers an opt-out for DAA-participating companies.
As noted above, we engage Shopify to provide us with the online e-commerce platform to enable your purchase of our products, and Shopify provides us with certain analytic data, in particular with respect to sales of our products.
If we implement a mobile app, you may be able to limit certain advertising practices using the settings on your phone, tablet or other mobile device. In such case, you may also download the AppChoices app at youradchoices.com/appchoices to opt out of the delivery of interest-based advertisements in participating mobile apps.
Please note opting out through these mechanisms does not opt you out of being served advertising. You will continue to receive non-targeted advertisements while online.
HOW WE RESPOND TO “DO NOT TRACK” SIGNALS
Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, our Channels may not alter their practices when they receive a “Do Not Track” signal from a visitor’s browser, unless specifically required by law. To find out more about “Do Not Track,” please visit https://allaboutdnt.com.
We employ commercially reasonable security methods and technologies to help secure your personal information, including physical, technological, and organizational protections. However, no system can be guaranteed 100% secure. We therefore cannot ensure or warrant the security of any information that you transmit to us, or that we transmit to you, or guarantee that it will be free from unauthorized access by third parties. You use the Channels and provide us with information at your own initiative and risk.
CONSENT TO TRANSFER AND STORAGE IN THE UNITED STATES
Ayda is a United States company. Please be aware that information we collect will be transferred to and processed in the United States and other countries. By using the Channels, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing, and storage of your information in the United States and other jurisdictions, for which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States and other countries according to laws in those jurisdictions. Your information will also be disclosed to third parties as described in the “Sharing of Information” section above.
YOUR CHOICES AND ACCESSING AND UPDATING YOUR PERSONAL INFORMATION
You may opt-out of (a) our commercial email or direct-mail marketing messages, (b) having your personal information made available to Affiliated Brands for their direct marketing purposes, and/or (c) sharing of your personal information with unaffiliated third parties for their direct marketing purposes by contacting us at email@example.com with the request.
Accessing and Updating Your Personal Information
The Channels may contain webpages or applications through which you can correct or update some of the personal information you have provided (such as via an online account) or through which you may be able to unsubscribe or modify the email newsletters or similar communications we send to you.
If you have an online account, you are responsible for maintaining and updating, as applicable, your account registration data with current, accurate, and complete information. If you would like to request that we correct personal information that we have on file about you and that you believe is inaccurate, please email us at firstname.lastname@example.org.
All registered users of a Channel have the right to request the removal of certain content that they have publicly posted on the Channel. A user can request that we remove content (s)he has previously posted by contacting us using the information listed in the “Contact Us” section below. When submitting a request, please be sure to include your full name, email address, and information sufficient to permit us to locate the User Submission(s) for which you are requesting removal (e.g., for product reviews, a URL of the product page and the user name under which you posted your review). In some cases, we may remove only your personal information, but maintain the rest of your User Submission. Note that any removal of your public postings in accordance with these procedures does not ensure complete or comprehensive removal of the content or information you posted, which may persist in archival records or may have been copied by third parties while publicly accessible. Note that if you have submitted your post to a third party (such as a product review), you may need to request removal from that third party.
Ayda will make requested changes in our active databases as soon as reasonably practicable. Note, however, that we may retain information that you have updated or changed for internal or administrative purposes. Public postings that you have made (if any) will generally not be removed as a result of updating or deleting your registered account (unless you also follow the procedure for removing such posts as described above).
By email: email@example.com
By Mail: Ayda Privacy Office, c/o Chief Counsel, 3652 Cadman Drive, Los Angeles, CA, 90027.
INFORMATION FOR RESIDENTS OF THE EUROPEAN UNION AND EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM
This section sets forth our compliance with the European Union General Data Protection Regulation and the UK General Data Protection Regulation (collectively, “GDPR”) and your rights under the GDPR, where applicable. For GDPR purposes, Ayda is a data “controller” for processing of information defined as personal data under applicable data protection law (“Personal Data”). We do not knowingly sell products through our Channels to those younger than the age of 18.
Legal basis for data processing
- necessary for the performance of a contract between us (for example, to provide you with products and services you request and to identify and authenticate you so you may use the Channels);
- necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement);
- necessary for our legitimate interests (for example, to manage our relationship with you and to improve the Channels and our services); and
- based on consent by our customers (for example, to communicate with you about our products and services and provide you with marketing information), which may subsequently be withdrawn at any time by contacting us (using the contact instructions below) without affecting the lawfulness of processing based on consent before its withdrawal.
EU and UK data subject rights
The GDPR and UK Data Protection Act provide certain rights for individuals (“data subjects”). You can access information about you and update or correct it. In some cases, you can also ask us to erase it, restrict or stop processing, or provide data in a “portable” form, if feasible. You may withdraw consent (“opt-out”) if you have previously consented to any particular use of your information, such as receiving emails or text messages. For all such requests, contact firstname.lastname@example.org. You may also decline to share certain Personal Data with us, in which case we may not be able to provide some of the features and functionality of our Channels.
You may make changes to the Personal Data collected by our account registration pages as described in the “Accessing and Updating Your Personal Information and Your Choices” section, above. We will make commercially reasonable efforts to provide you reasonable access to your Personal Data within 30 days of your access request to the contact address below. We provide this access so that you may review, make corrections, or request deletion of your Personal Data. If we cannot honor your request within 30 days, we will inform you when we will be able to provide such access. If for some reason access is denied, we will provide an explanation as to why access is denied. When technically feasible, at your request, we will provide your Personal Data to you or transmit it directly to another controller.
Third-party online advertising
Retention of information
Inquiries and complaints
Please first contact us as set forth below. EU and UK residents have the right to make a complaint to your national data protection supervisory authority if you do not believe we have resolved your concern.
For all EU and UK Data Subject Rights requests, please put the statement "Your EU/UK Data Subject Rights" in the subject field of your request. Please provide your contact information in your request and clearly indicate that you are requesting information with respect to Ayda.
If you need further assistance, please contact us at any of the following:
By Email: email@example.com
By Mail (US): Ayda Privacy Office, c/o Chief Counsel, 3652 Cadman Drive, Los Angeles, CA, 90027.
NOTICE TO NEVADA RESIDENTS
We do not currently sell your covered information as those terms are defined under applicable Nevada law. You may still submit an opt-out request and we will honor that request as required by Nevada law if we were to engage in such a sale in the future. If you are a Nevada resident and would like to opt-out of the sale of your covered information, please submit your request to firstname.lastname@example.org. Your request must include your full name and zip code. Please contact us from the email address you have used to interact with us, or else provide us with that email address in your Nevada Opt-Out request email. We may contact you via such email address us as needed regarding this request. If you previously provided a phone number to us, including it in your Nevada Opt-Out request email will assist us in identifying you and processing your request. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request. We will respond to your request within sixty (60) days either confirming that your request has been processed or indicating that we need an additional thirty (30) days to complete the request.
NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please send your request by email to email@example.com or write us at Ayda Privacy Office, c/o Chief Counsel, 3652 Cadman Drive, Los Angeles, CA, 90027. You must put the statement “Your California Privacy Rights” in the subject field of your email or in the address line of your envelope. You must include your name, email address, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.