Effective Date: January 1, 2020
Last Updated: May 26th, 2023
Personal Information We Collect
We collect Personal Information defined as any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a consumer, a household, or device. Personal information does not include information that is publicly available information from government records, de-identified or aggregated consumer information, or other information excluded from the scope of US and state privacy laws. Generally, the types of information we collect are names, postal addresses, email addresses, telephone numbers, account numbers, date of birth, Internet Protocol addresses, age, gender, credit card number, debit card number, browsing and shopping history, search history, shopping preferences, device locations, or such other similar types of information.
Personal Information Collected Related to CALIFORNIA RESIDENTS
During the last twelve (12) months, we have collected the following categories of personal information for a business or commercial purpose from consumers:
|Category||Types of Information Collected||Collected|
|Identifiers||First and last name, postal address, unique personal identifier, Internet Protocol address, email address, account name, telephone numbers, fax numbers, account name, date of birth||Yes|
|Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))||A name, address, telephone number, credit card number, debit card number, or any other financial information.||Yes|
|Protected classification characteristics under California or federal law||Age and gender||Yes|
|Commercial Information||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, shopping or product preferences.||Yes|
|Internet or other similar network activity||Browsing history (including the browser used, the website you came from or the website you visited next after leaving our Site), search history, shopping cart history, type of device and operating system used to access the Site, information on a consumer's interaction with a website, application, or advertisement.||Yes|
|Geolocation data||Physical location or movements, including your location in our retail stores.||Yes|
|Inferences drawn from other personal information.||Profile reflecting a person's preferences, behavior, attitudes.||Yes|
We obtain the categories of personal information listed above from the following categories of sources:
Directly from You to purchase a product, through forms you complete to create an online account, to sign up for promotional emails (including offers and sales alerts), to participate in one of our promotional sweepstakes, to sign up for promotional mobile text messages, contests, surveys or focus groups, to provide a rating or review on our products, and any information you may provide to us through customer service.
Indirectly from You through your interactions on our Site such as browsing history, search history, clicking on advertisements or sponsored links. Like many companies, we also collect information through cookies used on our Site. For more details about our cookies and how to block them please refer to the "cookie preferences" link in the footer.
From Third Parties such as our business partners, including online advertising networks and companies that co-sponsor our promotions; from social media platforms, including but not limited to Facebook, Twitter, YouTube, Pinterest and Instagram; from companies that provide information to supplement what we already know about you, or to assist us in providing transactions and services to you such as customer services, and payment processing.
How We Use Personal Information We Collect
We collect and use your personal information for a variety of business purposes, including to provide the products and services that you request, to communicate with you about them, and to do all things necessary to administer our Site, products and services, and manage, protect and improve them. We may also use your personal information to help us administer surveys, polls, sweepstakes, contests, loyalty programs, and other promotional events. In greater detail, we may use or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
- To provide, support, personalize, and develop our Website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message.
- To communicate with you via mobile text messages in order to send promotional materials such as promotions and new product launches. We also use this information to understand how you interact with our communications with you.
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
- To respond to law enforcement requests and as required by applicable law, treaty, regulation, subpoena, court order, or by a government entity.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred.
- For additional purposes permitted by law for which we may notify you.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Selling and/or Sharing Personal Information
Please note that we never sell your personal information for monetary compensation. We may, however, share some information with third parties for purposes such as improving our services to you, providing information about products or special offers, and to provide targeted advertising. We do not share your personal information with third parties for such third parties' direct marketing purposes without your prior express written permission. We share your personal information with data aggregators, advertising networks, data analytics providers, social media networks, and service providers who may provide the following types of services:
- Certain promotional and marketing programs for our brands and products
- Ensuring the security and integrity of our Site
- Correcting technical problems and malfunctions on our Site
- Processing payments
- Providing services or precautions against liability
- Facilitating contact and requests between us and the consumer
Your Privacy Rights and Choices
You may have certain rights relating to your Personal Information, subject to your local data protection laws. Whenever you choose to be a visitor at our Site, we provide you with choices about how we use your Personal Information collected through cookies (please see our Cookie Preferences section below). If you have any questions about these choices or your rights, please reach out to us as specified in the Contact Information section.
Cookie Preferences. A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. If you would like to opt out of being tracked by the cookies used on our site we control, please refer to the "cookie preferences" link in the footer. Please note we cannot make this decision for you as the preferences must be submitted to us through your browser.
We also encourage you to explore your settings regarding your browsers, mobile devices, social media accounts, and email choices:
Internet Browsers. Your internet browser may offer settings relating to cookies, pixel tags, Flash cookies, and other similar technologies. We encourage to you to visit your browser’s settings menu to learn about your options to limit tracking when using your browser
Mobile Devices. Your mobile device may offer settings relating to cookies, pixel tags, Flash cookies, and other similar technologies. We encourage to you to visit your device’s help menu to learn about your options to limit tracking when using your device.
Social Media Platforms and Networks. We encourage you to out sharing information from those platforms and networks with us.
Email Marketing. You can opt-out of receiving marketing emails from us by clicking the "unsubscribe" link at the bottom of our marketing emails or send us a return email asking to be omitted from future email distributions. Please note that even if you opt out of receiving certain marketing emails, you may still receive other transactional or legal communications from us, such as customer service messages, messages about your account or transactions with us, notices about our policies and terms, and emails responding to your communications with us or requests for information that we receive from you.
SMS Marketing. Each privacy statement required by these Terms must describe that Company and third-party partners may use information collected via the Site(s) to send marketing and support messages including, with the end user’s consent, marketing and support text messages. For Company’s convenience, Wunderkind provides the following sample privacy statement disclosure, but strongly encourages Company to work with its own counsel to ensure these disclosures accurately represent Company’s practices:
You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages (IE Cookies). To the extent you voluntarily opt to have Text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms and Conditions. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services.
Your Privacy Rights and Choices Related to CALIFORNIA RESIDENTS
Under the California Consumer Privacy Act, California residents have specific rights regarding their personal information. This section describes the rights of California residents greater detail below. (To exercise these rights, please see the Exercising Your Rights Related to CALIFORNIA RESIDENTS section.)
Right to Access to Specific Information. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold your personal information, we will disclose what categories of personal information the recipient obtained.
- If we disclosed your personal information for a business purpose, we will identify the type of recipient, as well as the categories of personal information the recipient obtained.
Right to Request Deletion of Information. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Comply with a legal obligation.
- Make any other internal and/or lawful uses of that information.
Right to Non-Discrimination
We will not discriminate against you because you exercised your California Consumer Privacy Act rights. However, we may offer you certain financial incentives permitted by law that can result in different prices, rates, or discounts if you provide certain pieces of information such as an email address. Any permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Right to Opt Out of Sales
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). Again, please note we do not sell any personal information regardless of age for monetary compensation, but may share the information as discussed in the Selling and/or Sharing Personal Information section. We do not sell or share the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
Exercising Personal Information Rights Related to CALIFORNIA RESIDENTS
If you are a California resident, in order to exercise your right to access specific information or your right to request deletion of information, please submit a verifiable consumer request to us by either:
- Clicking on the following link and completing the Data Request form.
- Calling us at: +1 (888) 914-9661, PIN: 697 285
Only you, or your legally authorized agent, may make a verifiable consumer request related to your personal information or the information of your minor child. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which includes:
- Verifying the email address provided in the Data Request form.
- Verifying your password protected account information through an already established account you have with our Sites.
- Verifying the email address provided in the Data Request form.
- Describe your request with sufficient detail that allows us to properly understand, assess, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
If you are a California resident, in order to exercise your right to opt out of sales, you or your authorized agent may submit a request to us by clicking on the following link: "Do Not Sell My Personal Information" and completing the form and checking the appropriate boxes.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time.
You do not need to create an account with us to exercise your sales opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
Please note that by submitting this request to opt out of sales, we may be unable to provide you with any of the services listed in the Selling and/or Sharing Personal Information section above.
We are committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children's online activities and interests. We do not knowingly collect information from children under the age of 13 and we do not target our websites to children under 13. The United States Children's Online Privacy Protection Act went into effect on April 21st, 2000. In order to comply with that law, we will not knowingly process any data that was submitted to us by a visitor who is under 13 years of age.
If you have any questions or comments about this notice, the ways in which we collect and use your information described here, and your choices and rights regarding such use, please do not hesitate to contact us at mailto:email@example.com