If you have any questions about our privacy policies, please contact us at email@example.com or DM us on Instagram @claimdefame. By providing your personal information to Claim Defame, you agree that Claim Defame may collect, use, and disclose your personal information as described herein.
2. Information We Collect
A. Personally Identifiable Information. The types of personally identifiable information we collect (directly from you or from third party sources) and our privacy practices depend on the nature of the relationship you have with Claim Defame and the requirements of applicable law. Below is more information on the ways we collect personal information and how we use it.
B. Types of personal information. Claim Defame collects personal information from its current, prospective, and former customers, visitors, and guests (collectively “Individuals”) through the following channels:
i. Information Provided Directly to Us: When you use the Services, contact us directly, or engage in certain activities, such as registering for an account with Claim Defame, placing an order on our website, or signing up to receive emails about our latest products and services, we may ask you to provide some or all of the following types of information: your name, email address, mailing address, phone number, payment information, such as a credit card number, billing address, and/or other related information required to complete the purchase (such payment information, “Financial Information”).
ii. Communications: We may collect personal information from you such as your email address, phone number or mailing address when you choose to request information about our Services, visit our retail stores, register to receive communications over email or text messaging, participate in promotions, or loyalty programs, or otherwise communicate with us. Where allowed by applicable law, we may also record and store customer support calls for training and quality purposes.
iv. Sweepstakes and Contests: If we run a sweepstake or contest, we may ask you to provide contact information (e.g., a phone number or an email address) or other personal information. Your contact information may be used to reach you about the sweepstakes or contest, and, to the extent permitted by law, for other promotional, marketing and business purposes. In compliance with the laws of your jurisdiction, as a participant you may have the opportunity to opt-out of any communications that are not related to awarding prizes.
vi. Information from Third Parties: We may receive information about you from other sources, including through third party services and organizations (e.g., Experian), to supplement information provided by you. This supplemental information allows us to enhance our ability to provide you with information about our business, products and Services.
vii. Automated Data: We may collect certain information automatically through our Services and/or other methods of technical analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, in-store activity through (e.g., through closed circuit TVs for security monitoring or geofencing to identify traffic), the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services (such as preferences).
Please note that if you visit one of our stores, we may collect personal data from you and such data may be linked to information we also collect online or through email and other marketing campaigns.
3. How We Use Your Information
By providing personally identifiable information to us, we are able to perform a number of business functions, such as:
A. Provide Products, Services, or Information Requested. Claim Defame may use information about you to fulfill requests for products, Services or information, including to:
i. Respond to questions, comments, and other requests;
ii. Provide access to certain features of the Services;
iii. Personalize product recommendations;
iv. Communicate with you about logistical matters, including product deliveries and shipping;
v. Conduct internal research and development;
vi. Review and respond to requests for customer support; and
vii. Allow you to register for online profiles or in-person / in-store events.
B. Administrative Purposes. Claim Defame may use personal information for administrative purposes, including to:
i. Measure interest in our products and Services;
ii. Develop new products and Services;
iii. Ensure quality control;
iv. Send emails or text messages to the email address or telephone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, delivery updates, or system maintenance;
v. Process payment(s) for products or services purchased;
vi. Process applications and transactions;
vii. Prevent potentially prohibited or illegal activities;
viii. Maintain and administer our Services; and
ix. Enforce our Terms of Service
C. Marketing. Claim Defame may use personal information to provide you with marketing materials that may be of interest, including:
i. To notify you about offers, products and Services that may be of interest or about which you have previously expressed an interest (e.g., back-in-stock notifications);
ii. For other purposes disclosed at the time that you provide personal information; or
iii. Otherwise with your consent. You may contact us at any time to opt-out of the use of your personal information for marketing purposes, as further described in Section 6.
D. Research and Development. Claim Defame may use personal information alone or in the aggregate with information obtained from other sources, in order to help us improve our existing products and Services or develop new products and Services. From time to time, Claim Defame may perform research (online and offline) via surveys. We may engage third party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns and/or promotional activities. If you participate in a survey, the information given will be used along with that of other study participants.
E. Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with personal information, or whose personal information we obtain from third parties, may, as permitted by law, receive periodic emails, newsletters, mailings, text messages or phone calls from us with information on our or our business partners’ products and services or upcoming special offers/events that we believe may be of interest. We offer the option to decline these communications at no cost by following the instructions in Section 6.
F. Anonymous and Aggregated Information. Claim Defame may use personal information and other information about you to create anonymized and aggregated information, such as de-identified demographic or psychographic information, information about the computer or device from which you access the Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not personal information, and we may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may also share this information with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
G. Shared Content. From time to time, we may offer referral services of features that allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services or purchase product from us.
H. Other. Claim Defame may use personal information for which we have a legitimate interest, such as fraud protection or compliance with legal obligations, or any other purpose disclosed to you at the time you provide personal information or with your consent.
4. Cookies, Pixels, and Similar Technologies
Our uses of such Technologies fall into the following general categories:
A. Operational. We may use Technologies that are necessary to the operation of our Services. This includes Technologies that allow you access to our websites, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of functions such as shopping carts, saved search or similar functions.
B. Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use our Services, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services or tools.
C. Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into the Service or keeping track of your specified preferences, interests or past items viewed so that we may enhance the presentation of content.
D. Advertising-Related. We may use first-party or third party cookies and web beacons to deliver content, including ads relevant to your interests, on our Services or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. We may also use third parties to serve targeted advertisements to people similar to our customer base (e.g., by uploading a hashed customer list to Facebook Custom Audiences) or incorporating a pixel from the third-party on our Site. Even if you have disabled certain cookies, advertisements may still be displayed to you through these third-party channels.
If you would like to opt-out of the Technologies we employ, you may do so by blocking, deleting or disabling them as your browser or device permits. See Section 6 for additional opt-out options. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Services and may prevent you from being able to access certain features.
5. How We Share Your Information
We share information collected through the Services with the following categories of parties:
B. Business Partners. Claim Defame may share personal information with its business partners and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. Claim Defame may also provide personal information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Claim Defame.
C. Marketing. Claim Defame may allow third party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities on our Services (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected personal information (such as demographic information and past purchase history) we have collected with third party advertising partners. Advertising partners may use this information (and similar information collected from other companies) for purposes of delivering targeted advertisements to you when you visit non-Claim Defame related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Service to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.
D. Professional Advisors: We share personal data with our legal, financial, insurance and other advisors in connection with corporate transactions or in connection with the management of all or part of our business or operations.
E. Legal Disclosure / Law Enforcement. We may access, preserve and disclose your personal information, other account information and content if we believe doing so is required or appropriate: (i) to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena; (ii) to respond to your requests; (iii) to protect yours, ours or others’ rights, property or safety; (iv) to enforce Claim Defame policies or contracts; (v) to collect amounts owed to Claim Defame; (vi) to comply with records retention policies; (vii) when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (viii) if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of unauthorized activities.
6. Managing Your personal information / Opt-out
We want to communicate with you only if you want to hear from us. You have the right to object to and opt-out of certain uses and disclosures of your personal information. Where you have consented to Claim Defame’s processing of your personal information, you may withdraw that consent at any time and opt-out to further processing by contacting firstname.lastname@example.org. Please note that even if you opt-out, we may still collect and use non-personal information regarding your activities on our Service and/or information from the advertisements on third party websites for non-interest based advertising purposes, such as, to determine the effectiveness of the advertisements.
A. Email. You can unsubscribe from email, text and phone communications at any time. If you would like to opt-out of receiving marketing via email, click the unsubscribe link on the footer of marketing emails. We will process your request within a reasonable time after receipt, in accordance with applicable laws.
B. Direct Mail. If you would like to opt-out of receiving communication via postal mail, contact email@example.com. To learn more about your rights as a consumer and to receive less national advertising mail, please visit the Direct Marketing Association at http://www.dmachoice.org.
C. “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We do not override these settings or options. However, in order to access certain content, features, services, products, or benefits of the Services, you may be required to provide us with certain information, including some types of personally identifying information. If you do not wish to provide such information through the Service or if you opt to utilize the aforementioned privacy features of your computer system or web browser, you may be unable to obtain certain content, features, services, products, or benefits of the Site.
7. Messaging Terms & Conditions
You agree to receive recurring automated marketing and informational text (e.g., SMS and MMS) messages from Claim Defame, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when joining or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Claim Defame reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Claim Defame also reserves the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Claim Defame, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
A. Cancellation. Reply STOP to cancel. After texting STOP you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Claim Defame and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Claim Defame through any other programs you have joined until you separately unsubscribe from those programs.
B. Mobile Phone Number Change. In the event that you change or deactivate your mobile phone number, you agree to notify Claim Defame by emailing us at firstname.lastname@example.org.
C. Problems? If you are experiencing any problems, please email us at email@example.com
D. Contact. This message program is a service of Claim Defame, located at 46 Half Moon Trail, Ladera Ranch, CA 92694 USA.
E. Dispute Resolution
i. In the interest of resolving disputes between you and Claim Defame in the most expedient and cost effective manner, you and Claim Defame agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Claim Defame or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Claim Defame or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND CLAIM DEFAME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
ii. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Claim Defame to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
iii. Arbitrator. Any arbitration between you and Claim Defame will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Claim Defame. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
iv. Notice; Process. If you or Claim Defame intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Claim Defame address for Notice is: Tom Engquist, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Claim Defame will make good faith efforts to resolve the claim directly, but if you and Claim Defame do not reach an agreement to do so within 30 days after the Notice is received, you or Claim Defame may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Claim Defame must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Claim Defame will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Claim Defame for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Claim Defame agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Claim Defame made within 14 days of the arbitrator's ruling on the merits.
v. No Class Actions. YOU AND Claim Defame AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Claim Defame agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
vi. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Claim Defame makes any future change to this arbitration provision, other than a change to Claim Defame address for Notice, you may reject the change by sending us written notice within 30 days of the change to Claim Defame address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Claim Defame.
vii. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
viii. Changes to Messaging Terms. We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
Information Collected through SMS Messaging Terms & Conditions
46 Half Moon Trail
Ladera Ranch, CA 92694
8. Security & Retention
The security of your personally identifiable information is important to us and Claim Defame is committed to handling such information carefully. We maintain physical, electronic and procedural safeguards to guard your personally identifiable information. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security. By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.
9. Children’s Privacy
Our Services are not directed to children under the age of 13. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect personal information from children under the age of 13. If you learn that your child has provided us with personal information without your consent, you may alert us at firstname.lastname@example.org. If we learn that we have collected personal information of a child under the age of 13 (or under the age of 16 in certain jurisdictions, such as EU member countries) we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.
10. California Residents
California law requires us to disclose certain information related to our privacy practices, as set forth below.
A. WHAT PERSONAL INFORMATION WE COLLECT
The table below identifies the categories of personal information we have collected over the preceding 12-month period, as well as examples in each category. For more information about the personal information we collect, please see Section 2.
Examples of personal information in this Category
Name, email address, billing address, shipping address, phone number
Internet protocol (IP) address, billing address, shipping address
Internet or other electronic network activity information
IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences
Financial, medical, or health information
Payment information, such as credit card number
Audio, electronic, visual, thermal, olfactory, or similar information
Recordings of customer support calls
Inferences drawn from any of the above information categories
Inferences about the type of products you prefer; demographic and psychographic inferences
The sources of the personal information we collect above include personal information that you directly provide to us (through the Services), personal information we receive from third party partners (for example, certain marketing, research or survey partners), and personal information that we generate internally. Please see Section 2 for additional details.q
B. HOW WE USE PERSONAL INFORMATION
C. WHAT PERSONAL INFORMATION WE SHARE
D. YOUR RIGHTS
As a resident of California, you have certain rights, such as:
i. Right to access personal information. You may be entitled to receive the specific pieces of your personal information we have collected in the 12 months preceding your request.
ii. Right to data portability. You may be entitled to receive a copy of your electronic personal information in a readily-usable format.
iii. Right to know. You may be entitled to receive information regarding the categories of personal information we collected, the sources from which we collected personal information, the purposes for which we collected and shared personal information, the categories of personal information that we sold and the categories of third parties to whom the personal information was sold, and the categories of personal information that we disclosed for a business purpose in the 12 months preceding your request.
iv. Right to deletion. You may be entitled to request that we delete the personal information that we have collected from you. We will use commercially reasonable efforts to honor your request, in compliance with applicable laws. Please note, however, that we may need to keep such information, such as for our legitimate business purposes or as required to comply with applicable law.
v. Right to opt-out of certain sharing with third parties. You may be entitled to direct us to stop disclosing your personal information to third parties for monetary or other valuable consideration. What is covered as a “sale” under California law is not yet clear, but we currently do not “sell” your information as we understand it.
You may freely exercise these rights without fear of being denied goods or services. If you are a California resident and would like to exercise one of your rights, please contact us at email@example.com. Please note that California law requires us to verify the requests we receive from you when you exercise certain of the rights listed above. We (or third parties we engage to assist us) may ask you to provide certain information to us in order for us to verify the request.
In addition to these rights, pursuant to California’s “Shine the Light” law, California residents who share personal information with us have the right to request and obtain from us once per year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you would like to exercise this right, please use the contact information listed in this section to contact us.
11. Additional Topics
B. International Data Transfers. You agree that all personal information collected via or by Claim Defame may be transferred, processed and stored anywhere in the world, including but not limited to, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. By providing information to Claim Defame, you explicitly consent to the storage of your personal information in these locations.
Questions or Concerns
If you have any feedback, questions, or concerns regarding privacy, please send us a detailed message to firstname.lastname@example.org; we will make every effort to resolve your concerns.
Last Updated: 12/30/2020