Please click here to view the previous version of our Privacy Policy.
This “Privacy Policy” describes how Poosh, LLC and our subsidiaries and affiliates (collectively, “Poosh”, “we”, “us”, or “our”) processes personal information that we collect through our digital or online properties or services that link to this Privacy Policy (including as applicable, our www.Poosh.com website, any other website that we own or control and which posts or links to this Privacy Policy, and social media pages) as well as our marketing activities, live events and other activities described in this Privacy Policy (collectively, the “Service”).
California Notice at Collection/State Law Privacy Rights. We provide important information for individuals located in certain U.S. states about their rights under applicable state privacy laws below.
European Users. We provide important information for individuals located in the European Economic Area and United Kingdom (collectively, “Europe” or “European”) below.
How to Contact Poosh. If you have any questions, please contact us at [email protected]. You may also write to us via postal mail at:
Poosh, LLC
Attn: Poosh, LLC Compliance
440 N. Barranca Avenue, #6225
Covina, CA, 91723
Table of Contents
Personal information we collect
Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:
- Contact information, such as your first and last name, email address, billing and mailing addresses and phone number.
- Content you choose to upload to the Service, such as text, images, audio, and video, as well as associated metadata. Metadata includes information on how, when, where and by whom a piece of content was collected and how that content has been formatted or edited. Metadata also includes information that users can add or can have added to their content, such as keywords, geographical or location information, and other similar data.
- Profile information, such as your username and password that you may set to establish an online account with us, your photograph, interests, preferences and any other information that you add to your account profile.
- Registration and event information, such as information that may be related to a service, an account or an event you register for (including related social media content).
- Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.
- Demographic Information, such as your city, state, country of residence, postal code, and age.
- Payment information, all information necessary to complete transactions you place on the Service, such as credit card information or bank account number.
- Transaction information, such as information related to or needed to complete your orders on or through the Service, including details of products or services you have purchased from us, such as order numbers and transaction history.
- Marketing information, such as your preferences for our marketing communications and details about how you engage with them.
- Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.
Information we obtain from other third parties. We may combine personal information we receive from you with personal information falling within one of the categories identified above that we obtain from other third-party sources, such as:
- Public sources, such as government agencies, public records, social media platforms, and other publicly available sources.
- Data providers, such as information services and data licensors.
- Partners, such marketing partners and event co-sponsors.
- Service providers that provide services on our behalf or help us operate the Service or our business.
- Business transaction partners. We may receive personal information in connection with an actual or prospective business transaction. For example, we may receive your personal information from an entity we acquire or are acquired by, a successor, or assignee or any party involved in a business transaction such as a merger, acquisition, sale of assets, or similar transaction, or in the context of an insolvency, bankruptcy, or receivership.
Automatic Data Collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications and other online services, such as:
- Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state or geographic area.
- Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
- Communication interaction data such as your interactions with our email, text or other communications (e.g., whether you open or forward emails). We may do this through the use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.
Referrals. Users of the Service may have the opportunity to refer friends or other contacts to us. If you are an existing user, you may only submit a referral if you have permission to provide the referral’s contact information to us so that we may contact them.
Tracking and other technologies
Cookies and other technologies. Some of the automatic collection described above is facilitated by cookies and similar technologies. For more information, see our Cookie Policy. We will also store a record of your preferences in respect of the use of these technologies in connection with the Service.
How we use your personal information
We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:
To operate the Service. We use your personal information to:
- provide, operate and improve the Service;
- provide information about our products and services;
- establish and maintain your user profile on the Service;
- facilitate your invitations to friends or contacts who you want to invite to join the Service;
- send you the products you order on the Service;
- enable security features of the Service, such as sending you security codes via email or SMS, and remembering devices from which you have previously logged in;
- communicate with you about the Service, including by sending you announcements, updates, security alerts, and support and administrative messages;
- communicate with you about events or contests in which you participate;
- provide support and maintenance for the Service; and
- to respond to your requests, questions and feedback.
To personalize the Service. We may use your personal information to:
- understand your needs and interests;
- personalize your experience with the Service and our Service-related communications; and
- remember your selections and preferences as you navigate webpages.
To improve and analyze the Service. We may use your personal information to analyze your usage of the Service, improve the Service, improve the rest of our business, help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails, and to develop new products and services. For more information on analytics, see our Cookie Notice. For example, we use Google Analytics for this purpose. You can learn more about Google Analytics and how to prevent the use of Google Analytics relating to your use of our sites here: https://tools.google.com/dlpage/gaoptout?hl=en.
To send you marketing communications. We may send you Poosh-related marketing communications (including our newsletter) as permitted by law and may personalize these messages based on your needs and interests. You may opt-out of our marketing and promotional communications as described in the Opt-out of marketing section below.
To display advertisements. We, our service providers, and third-party advertising partners may use cookies and other technologies to collect information about interaction (including the data described in the automatic data collection section above) with the Service, our communications and other online services over time, and use that information serve online ads that we or they think will interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. To learn more about your choices in connection with advertisements, please see the Your choices section of our Cookie Notice.
For events, promotions and contests. We may use your personal information to:
- administer promotions and contests;
- communicate with you about promotions or contests in which you participate; and
- contact or market to you after collecting your personal information at an event.
To post user testimonials and feedback. We may use your feedback to post comments about your experience with any Service on the website, in our marketing and promotional materials.
For compliance and protection. We may use your personal information to: (i) comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities; (ii) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (iii) audit our internal processes for compliance with legal and contractual requirements or our internal policies; (iv) enforce the terms and conditions that govern the Service; and (v) prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
For data sharing in the context of corporate events, we may share certain personal information in the context of actual or prospective corporate events – for more information, see How we share your personal information, below.
To create aggregated, de-identified or anonymous data. We may create aggregated, de-identified or anonymous data from your personal information and other individuals whose personal information we collect. We make personal information into aggregated, de-identified or anonymous data by removing information that makes the data personally identifiable to you, and we will not attempt to reidentify any such data. We may use this aggregated, de-identified or anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.
Further uses, in some cases, we may use your personal information for further uses, in which case we will ask for your consent to use your personal information for those further purposes if they are not compatible with the initial purpose for which information was collected.
How we share your personal information
We may share your personal information with the following third parties, or as otherwise described in this Privacy Policy, in other applicable notices, or at the time of collection:
Our payment processor. For online payments and/or Automated Clearing House (ACH) payouts, we use the payment services of Shopify. We do not process, record or maintain your credit card or bank account information directly, but we will provide Shopify with your Payment information to enable them to process your payment for orders on the Service. Shopify may use your Payment information in accordance with its own privacy policy, which you can find here – http://www.shopify.com/legal/privacy.
Affiliates. We may share your personal information with our corporate parent, subsidiaries, and affiliates.
Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate the Service (such as customer support, hosting, order fulfillment, analytics, email delivery, marketing, and database management services).
Disclosure to Third-Party Companies. We may enter into agreements with companies to offer co-branded products and/or services via the Service (“Third-Party Companies”). Where you purchase these co-branded products and/or services, we may provide your personal information to a Third-Party Company where necessary in connection with the purchase or you have consented to us doing so. Because we do not control the privacy practices of these third-party companies, you should read and understand their privacy policies, which we or they will make available to you before we provide your personal information to them.
Third-party platforms and social media networks. If you have enabled features or functionality that connect the Service to a third-party platform or social media network (such as linking your profile with the Service to a third-party’s services), we may disclose the personal information that you authorized us to share. We do not control the third party’s use of your personal information, which is governed by its privacy policy and the settings associated with your account with the third-party service.
Advertising partners. We may disclose your personal information to third-party advertising companies for the interest-based advertising purposes described above.
Other users of the service and the public. Certain user-generated content and other data you submit to us may be visible to other users and the public, such as when you post comments in publicly accessible parts of the Service or provide a testimonial that is intended to be public. You may also be able to submit user-generated content to the Service (such as comments, reviews, surveys, blogs, photos, and videos), and we will display your name, username, and a link to your user profile along with the content you submit. This information can be seen, collected and used by others, including being cached, copied, screen captured or stored elsewhere by others (e.g., search engines), and we are not responsible for any such use of this information.
Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
Authorities and others. We may share your personal information with law enforcement, government authorities, and private parties, as we believe necessary or appropriate for the compliance and protection purposes described above.
Business transferees. We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in us, financing of us, public stock offerings, or the sale, transfer or merger of all or part of our business, assets or shares). For example, we may need to share certain personal information with prospective counterparties and their advisers. We may also disclose your personal information to an acquirer, successor, or assignee of us as part of any merger, acquisition, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.
Your choices
In this section, we describe the rights and choices available to all users. Users who are located within the European Union can find additional information about their rights below. Users who are located in U.S. states with privacy laws applicable to us can find additional information about their rights below.
Access or Update Your Information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into the account.
Opt-out of marketing communications. You may opt out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email or by contacting us. You may continue to receive service-related and other non-marketing emails.
If you receive text messages from us, you may opt out of receiving further text messages from us by replying STOP to our message. You may also text STOP to 56945.
Choosing not to share your personal information. Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Service to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with our services.
Other sites, mobile applications and services
The Service may contain links to other websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control third-party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.
Security practices
We employ a number of organizational, technical and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information.
International data transfers
We are headquartered in the United States and have service providers in other countries, and your personal information may be transferred to the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.
European Union users should read the important information provided below about transfer of personal information outside of the European Union.
Children
As a general rule, the Service is not intended for children, they should not use the Service, and we do not collect personal information from them. For these purposes, we define “children” as:
- anyone under 18 years old; and
- anyone under the age in their country of residence, below which their parent or legal guardian needs to consent to our processing of personal information.
If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian, we will comply with applicable legal requirements to delete it. We encourage parents with concerns to contact us at [email protected].
Changes to this Privacy Policy
We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Depending on the kind of change we make, we may notify you of the change or request your consent to the change.
Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business.
California Notice at Collection/State Privacy Rights
Scope. Except as otherwise provided, this section applies only to residents of California and other states with privacy laws applicable to us that grant their residents the rights described below. For purposes of this section, the term “Personal Information” means information defined as “personal information,” “personal data,” or other similar terms of the state in which you reside. Please note that not all rights listed below may be afforded to you, and if you are not a resident of the relevant state, you may not be able to exercise these rights. In addition, we may not be able to process your request if you do not provide us with sufficient detail to allow us to confirm your identity or understand and respond to it. We may also decline your request in certain cases as permitted by law.
In some cases, we may provide a different privacy notice to certain categories of residents of these states, such as job applicants, in which case that notice will apply instead of this section.
Your privacy rights. You may have some or all of the rights listed below. However, these rights are not absolute, are subject to certain exceptions, and in certain cases we may decline your request as permitted by law.
- Right to know. You can request the following information about how we have collected and used your Personal Information during the past 12 months:
- The categories of Personal Information that we have collected.
- The categories of sources from which we collected Personal Information.
- The business or commercial purpose for collecting, selling, and/or sharing Personal Information for targeted advertising purposes.
- The categories of Personal Information that we sold or shared for targeted purposes, and the categories of third parties to whom this information was sold or shared, categorized by the type of personal information for each type of third party.
- The categories of personal information that we disclosed for business purposes and the types of entities to whom this information was disclosed.
- The specific third parties to which the Company has disclosed personal information.
- Access/portability. You can request a copy or representative summary of certain Personal Information that we have collected about you during the past 12 months.
- Appeal. You can appeal our denial of any request validly submitted.
- Correction. You can ask us to correct inaccurate Personal Information that we have collected about you.
- Deletion. You can ask us, subject to certain exceptions, to delete the Personal Information that we have collected from you.
- Opt-out of certain processing for targeted advertising purposes. You can opt-out of the processing of your Personal Information for targeted advertising purposes.
- Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by applicable stat privacy laws.
Exercising your rights to know, access/portability, appeal, correction, or deletion. You may submit requests to exercise your right to know, access/portability, appeal, correction or deletion at [email protected] or Poosh, LLC; Attn: Poosh, LLC Compliance; 440 N. Barranca Avenue, #6225 Covina, CA, 91723.
Exercising your right to opt-out of the “sale,” “sharing,” or processing of your Personal Information for targeted advertising purposes. Like many companies, we use services that help deliver interest-based ads to you as described above. You can opt-out of this tracking by visiting Your Privacy Choices 
. Your request to opt-out will apply only to the browser, device, and site from which you submit the request. You can also opt-out by enabling Global Privacy Control (GPC) for each supported browser that you use. Learn more about Global Privacy Control.
Verification of identity; authorized agents. We may not be able to process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
We may need to verify your identity to process your requests to exercise your rights to know, access/portability, appeal, correction, and deletion and reserve the right to confirm your residency. To verify your identity, we may require you to log into an online account if you have one, to provide identifiers we can match against information we may have collected from you previously, government identification, a declaration under penalty of perjury, or other information, where permitted by law.
You may be permitted to authorize an agent to make a request on your behalf. However, we may need to verify your agent’s identity and authority to act on your behalf. We may require a copy of a valid power of attorney given to your authorized agent pursuant to applicable law. If you have not provided your agent with such a power of attorney, we may ask you or your agent to take additional steps permitted by law to verify that your request is authorized, such as by providing your agent with written and signed permission to exercise your privacy rights on your behalf, providing the information we request to verify your identity, or providing us with confirmation that you have given the authorized agent permission to submit the request.
Additional information.
- Sensitive personal information. We do not use or disclose sensitive personal information, including for purposes that California residents have a right to limit under the California Consumer Privacy Act, as amended (“CCPA”).
- Sales. We do not “sell” personal information as defined by the CCPA and have not sold personal information in the preceding 12 months except to the extent that use of the interest-based advertising services described above constitutes a “sale” under the CCPA.
- Under 18. We do not have actual knowledge that we have collected, sold, or shared the personal information of residents who are under 18 years of age.
- Retention. We generally retain personal information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. To determine the appropriate retention period for personal information, we may consider factors such as the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements. When we no longer require the personal information we have collected about you, we may either delete it, anonymize it, or isolate it from further processing.
- Deidentification. We do not attempt to reidentify deidentified information derived from personal information, except for the purpose of testing whether our deidentification processes comply with applicable law.
- Profiling. We do not engage in profiling, as defined by applicable state privacy laws, in furtherance of decisions that produce legal or similarly significant effects.
- Notice of Financial Incentive. We may invite you to receive marketing emails from Poosh, which may constitute a “financial incentive” under the CCPA. If you choose to participate, you will receive marketing emails from us including exclusive offers such as a discount off your first order. We will invite you to participate via a popup notification during your shopping experience, and you can choose to participate by sharing your email address with us through that popup in advance of making your first order through the Service. By participating, you may provide us personal information including your Contact data, Device data, or Online activity data. You have the right to withdraw from this program at any time and may do so by following the unsubscribe link in our marketing emails. The value of any incentive is reasonably related to the value of your data, including as applicable: the benefit and insights that we realize and expect to realize from your participation in our programs (such as product preferences); the quantity and quality of information that you provide to us through your participation; your purchase history; sales directly or indirectly generated from your participation in the program; and any increased goodwill towards us.
Personal information that we collect, use and disclose. The chart below summarizes the Personal Information we collect by reference to the categories of Personal Information specified in the CCPA and describes our practices currently and during the 12 months preceding the effective date of this Privacy Policy. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below.
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Personal Information (“PI”) we collect
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CCPA statutory category
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Business/
commercial purpose for PI collection
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Categories of third parties to whom we “disclose” PI for a business purpose
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Categories of third parties to whom we “sell” PI or “share” PI for cross-context targeted advertising purposes
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Contact information
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Identifiers
California Customer Records (as defined in Cal. Civ. Code § 1798.80)
Inferences
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Service delivery & operation
Service personalization
Service improvement & analytics
Marketing & advertising purposes
Events, promotions & contests
Testimonials & feedback
Compliance & protection
Further uses
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Our payment processor
Affiliates
Service providers
Third-Party Companies
Third-party platforms and social media networks
Advertising Partners
Professional advisors
Authorities and others
Business transferees
Other users and the public
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Advertising Partners
Third-Party Companies
Third-party platforms and social media networks
|
|
Content you choose to upload
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Identifiers
California Customer Records
Internet or network information
Inferences
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Service delivery & operation
Service personalization
Service improvement & analytics
Marketing & advertising purposes
Events, promotions & contests
Testimonials & feedback
Compliance & protection
Further uses
|
Affiliates
Service providers
Third-Party Companies
Third-party platforms and social media networks
Advertising Partners
Professional advisors
Authorities and others
Business transferees
Other users and the public
|
Advertising Partners
Third-Party Companies
Third-party platforms and social media networks
|
|
Profile information
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Identifiers
California Customer Records
Inferences
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Service delivery & operation
Service personalization
Service improvement & analytics
Marketing & advertising purposes
Events, promotions & contests
Testimonials & feedback
Compliance & protection
Further uses
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Our payment processor
Affiliates
Service providers
Third-Party Companies
Third-party platforms and social media networks
Advertising Partners
Professional advisors
Authorities and others
Business transferees
Other users and the public
|
Advertising Partners
Third-Party Companies
Third-party platforms and social media networks
|
|
Registration and event information
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Identifiers
California Customer Records
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Service delivery & operation
Service personalization
Service improvement & analytics
Marketing & advertising purposes
Events, promotions & contests
Testimonials & feedback
Compliance & protection
Further uses
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Affiliates
Service providers
Third-Party Companies
Third-party platforms and social media networks
Advertising Partners
Professional advisors
Authorities and others
Business transferees
|
Advertising Partners
Third-Party Companies
Third-party platforms and social media networks
|
|
Feedback or correspondence
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Identifiers
California Customer Records
Inferences
|
Service delivery & operation
Service personalization
Service improvement & analytics
Marketing & advertising purposes
Events, promotions & contests
Testimonials & feedback
Compliance & protection
Further uses
|
Affiliates
Service providers
Third-Party Companies
Third-party platforms and social media networks
Advertising Partners
Professional advisors
Authorities and others
Business transferees
Other users and the public
|
Advertising Partners
Third-Party Companies
Third-party platforms and social media networks
|
|
Demographic information
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Identifiers
California Customer Records
Inferences
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Service delivery & operation
Service personalization
Service improvement & analytics
Marketing & advertising purposes
Events, promotions & contests
Testimonials & feedback
Compliance & protection
Further uses
|
Affiliates
Service providers
Third-Party Companies
Third-party platforms and social media networks
Advertising Partners
Professional advisors
Authorities and others
Business transferees
Other users and the public
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Advertising Partners
Third-Party Companies
Third-party platforms and social media networks
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|
Payment information
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Commercial information
Financial information
Inferences
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Service delivery & operation
Service personalization
Service improvement & analytics
Marketing & advertising purposes
Events, promotions & contests
Testimonials & feedback
Compliance & protection
Further uses
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Our payment processor
Affiliates
Service providers
Third-Party Companies
Third-party platforms and social media networks
Advertising Partners
Professional advisors
Authorities and others
Business transferees
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N/A
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Transaction information
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Commercial information
Financial information
Inferences
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Service delivery & operation
Service personalization
Service improvement & analytics
Marketing & advertising purposes
Events, promotions & contests
Testimonials & feedback
Compliance & protection
Further uses
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Our payment processor
Affiliates
Service providers
Third-Party Companies
Third-party platforms and social media networks
Advertising Partners
Professional advisors
Authorities and others
Business transferees
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Advertising Partners
Third-Party Companies
Third-party platforms and social media networks
|
|
Marketing information
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Identifiers
California Customer Records
Commercial information
Inferences
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Service delivery & operation
Service personalization
Service improvement & analytics
Marketing & advertising purposes
Events, promotions & contests
Testimonials & feedback
Compliance & protection
Further uses
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Affiliates
Service providers
Third-Party Companies
Third-party platforms and social media networks
Advertising Partners
Professional advisors
Authorities and others
Business transferees
|
Advertising Partners
Third-Party Companies
Third-party platforms and social media networks
|
|
Device data
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Online identifiers
Internet or network information
Inferences
|
Service delivery & operation
Service personalization
Service improvement & analytics
Marketing & advertising purposes
Events, promotions & contests
Testimonials & feedback
Compliance & protection
Further uses
|
Our payment processor
Affiliates
Service providers
Third-Party Companies
Third-party platforms and social media networks
Advertising Partners
Professional advisors
Authorities and others
Business transferees
|
Advertising Partners
Third-Party Companies
Third-party platforms and social media networks
|
|
Online activity data
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Commercial information
Internet or network information
Inferences
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Service delivery & operation
Service personalization
Service improvement & analytics
Marketing & advertising purposes
Events, promotions & contests
Testimonials & feedback
Compliance & protection
Further uses
|
Our payment processor
Affiliates
Service providers
Third-Party Companies
Third-party platforms and social media networks
Advertising Partners
Professional advisors
Authorities and others
Business transferees
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Advertising Partners
Third-Party Companies
Third-party platforms and social media networks
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|
General location data
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Identifiers
California Customer Records
Internet or network information
Inferences
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Service delivery & operation
Service personalization
Further uses
Service improvement & analytics
Marketing & advertising purposes
Events, promotions & contests
Testimonials & feedback
Compliance & protection
Further uses
|
Affiliates
Service providers
Third-Party Companies
Third-party platforms and social media networks
Advertising Partners
Professional advisors
Authorities and others
Business transferees
Other users and the public
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Advertising Partners
Third-Party Companies
Third-party platforms and social media networks
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|
Communication interaction data
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Internet or network information
Inferences
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Service delivery & operation
Service personalization
Service improvement & analytics
Marketing & advertising purposes
Events, promotions & contests
Testimonials & feedback
Compliance & protection
Further uses
|
Affiliates
Service providers
Third-Party Companies
Third-party platforms and social media networks
Advertising Partners
Professional advisors
Authorities and others
Business transferees
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Advertising Partners
Third-Party Companies
Third-party platforms and social media networks
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Sensitive Personal Information
We do not intentionally collect this information, but it may be revealed in identity data or other information we collect.
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Protected classifications or characteristics
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N/A
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N/A
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N/A
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Notice to European users
Where this Notice to European users applies. The information provided in this “Notice to European Users” section applies only to individuals in the European Economic Area (EEA) or United Kingdom (UK) (i.e., “Europe” as defined at the top of this Privacy Policy).
Personal information.
References to “personal information” in this Privacy Policy should be understood to include a reference to “personal data” as defined in the “GDPR” (i.e., the General Data Protection Regulation 2016/679 (“EU GDPR”)) and the EU GDPR as it forms part of the laws of the United Kingdom (“UK GDPR”). Under the GDPR, “personal data” means information about individuals from which they are either directly identified or can be identified. The personal information that we collect from and about you is described in greater detail in the section “Personal Information we collect” that is set out above.
Controller.
Poosh, LLC is the controller in respect of the processing of your personal information covered by this Privacy Policy for purposes of the GDPR. See the ‘How to contact us’ section above for our contact details.
Our GDPR Representatives. We have appointed the following representatives in Europe as required by the GDPR – you can contact them directly should you wish:
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Our Representative in the EU. Our EU representative appointed under the EU GDPR is Data Protection Representative Limited (trading as DataRep). You can contact them:
- By email to: [email protected].
- By postal mail to: DataRep, 3rd and 4th floor, Altmarkt 10 B/D, Dresden, 01067, Germany
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Our Representative in the UK. Our UK representative appointed under the UK GDPR is Data Protection Representative Limited (trading as DataRep). You can contact them:
- By email to: [email protected].
- By postal mail to: DataRep, 107-111 Fleet Street, London, EC4A 2AB, United Kingdom
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Legal bases for processing.
In respect of each of the purposes for which we use your personal information, the GDPR requires us to ensure that we have a “legal basis” for that use.
Our legal bases for processing your personal information described in this Privacy Policy are listed below.
- Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”). More detail about the specific legitimate interests pursued in respect of each Purpose we use your personal information for is set out in the table below.
- Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
- Where we have your specific consent to carry out the processing for the Purpose in question (“Consent”).
We have set out below, in a table format, the legal bases we rely on in respect of the relevant purposes for which we use your personal information.
Poosh does not target individuals in Europe or ship its products to that region. As a result, our processing of European personal data is more limited than the general activities described above. Certain purposes, categories of data, and sharing practices described in the general section of this Privacy Policy therefore do not apply here. The table below sets out the limited processing we carry out in relation to European personal data, and your rights under GDPR.
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Processing purpose
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Categories of personal information involved
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Legal basis
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- Contact information
- Feedback or correspondence
- Demographic information
- Information from third-parties
- Device data
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- Legitimate Interests. We have a legitimate interest in ensuring the ongoing security and proper operation of our Service (including, where relevant, responding to any contact via any “contact us” feature or similar), our business and associated IT services, systems and networks.
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- To personalize the Service
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- Demographic information
- Information from third-parties
- Device data
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- Legitimate Interests. We have a legitimate interest in providing you with a good service via the Service, which is personalized to you and that remembers your selections and preferences.
- Consent, in respect of any optional processing relevant to personalization (including processing directly associated with any optional cookies used for this purpose).
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- To improve and analyze the Service
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- Contact information
- Feedback or correspondence
- Data from third-parties
- Online activity data
- Communication interaction data
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- Legitimate Interests. We have a legitimate interest in providing you with a good service and analyzing how you use it so that we can improve it over time, as well as developing and growing our business.
- Consent, in respect of any optional cookies used for this purpose.
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- For compliance, fraud prevention and safety
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- Any and all data types relevant in the circumstances
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- Compliance with Law.
- Legitimate Interests. Where Compliance with Law is not applicable, we have a legitimate interest in participating in, supporting, and following legal process and requests, including through co-operation with authorities. We may also have a legitimate interest of ensuring the protection, maintenance, and enforcement of our rights, property, and/or safety.
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- For data sharing in the context of corporate events
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- Any and all data types relevant in the circumstances
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- Legitimate Interests. We have a legitimate interest in providing information to relevant third parties who are involved in an actual or prospective corporate event (including to enable them to investigate – and, where relevant, to continue to operate – all or relevant part(s) of our operations).
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- To create aggregated, de-identified or anonymous data
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- Any and all data types relevant in the circumstances
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- Legitimate Interests. We have legitimate interest in taking steps to preserve the privacy of our users.
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- Any and all data types relevant in the circumstances
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- The original legal basis relied upon, if the relevant further use is compatible with the initial purpose for which the personal information was collected.
- Consent, if the relevant further use is not compatible with the initial purpose for which the personal information was collected.
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No obligation to provide personal information. You do not have to provide personal information to us. However, where we need to process your personal information either to comply with applicable law or to deliver our Service to you, and you fail to provide that personal information when requested, we may not be able to provide some or all of our Service to you. We will notify you if this is the case at the time.
Sensitive personal information.
We ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Service, or otherwise to us. If you provide us with any such sensitive personal information to us when you use the Service, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our Service.
No automated decision-making and profiling. As part of the Service, we do not engage in automated decision-making and/or profiling, which produces legal or similarly significant effects.
Retention.
We retain personal information for as long as necessary to fulfil an ongoing legitimate business need (for example, to provide you with a service you have requested; to comply with applicable legal, tax or accounting requirements; to establish or defend legal claims; or for fraud prevention).
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. If we anonymize your personal information (so that it can no longer be associated with you), we may use this information indefinitely without further notice to you.
Your rights.
European data protection laws give you certain rights regarding your personal information. If you are located within the European Union, you may ask us to take the following actions in relation to your personal information that we hold:
- Access. Provide you with information about our processing of your personal information and give you access to your personal information.
- Correct. Update or correct inaccuracies in your personal information.
- Delete. Delete your personal information where there is no good reason for us continuing to process it – you also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below). .
- Transfer. Transfer to you or a third party of your choice a machine-readable copy of your personal information which you have provided to us.
- Restrict. Restrict the processing of your personal information, for example if you want us to establish its accuracy or the reason for processing it.
- Object. Object to our processing of your personal information where we are relying on Legitimate Interests – you also have the right to object where we are processing your personal information for direct marketing purposes.
- Withdraw Consent. When we use your personal information based on your consent, you have the right to withdraw that consent at any time.
You may submit these requests by email to [email protected] or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Whether or not we are required to fulfill any request you make will depend on a number of factors (e.g., why and how we are processing your personal information), if we reject any request you may make (whether in whole or in part) we will let you know our grounds for doing so at the time, subject to any legal restrictions. Typically, you will not have to pay a fee to exercise your rights; however, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. We try to respond to all legitimate requests within a month of receipt. It may take us longer than a month if your request is particularly complex or if you have made a number of requests; in this case, we will notify you and keep you updated.
Your Right to Lodge a Complaint with your Supervisory Authority. Although we urge you to contact us first to find a solution for any concern you may have, in addition to your rights outlined above, if you are not satisfied with our response to a request you make, or how we process your personal information, you can make a complaint to the data protection regulator in your habitual place of residence.
Data Processing Outside Europe.
We are a U.S.-based company and many of our service providers, advisers, partners or other recipients of data are also based in the U.S. This means that, if you use the Service, your personal information will necessarily be accessed and processed in the U.S. It may also be provided to recipients in other countries outside Europe.
Where we share your personal information with third parties who are based outside Europe, we try to ensure a similar degree of protection is afforded to it by making sure one of the following mechanisms is implemented:
- Transfers to territories with an adequacy decision. We may transfer your personal information to countries or territories whose laws have been deemed to provide an adequate level of protection for personal information by the European Commission or UK Government (as and where applicable) (from time to time) or under specific adequacy frameworks approved by the European Commission or UK Government (as and where applicable) (from time to time), such as the EU-U.S. Data Privacy Framework or the UK Extension thereto.
- Transfers to territories without an adequacy decision.
- We may transfer your personal information to countries or territories whose laws have not been deemed to provide such an adequate level of protection (e.g., the U.S.).
- However, in these cases:
- we may use specific appropriate safeguards, which are designed to give personal information effectively the same protection it has in Europe – for example, standard-form contracts approved by relevant authorities for this purpose; or
- in limited circumstances, we may rely on an exception, or ‘derogation’, which permits us to transfer your personal information to such country despite the absence of an ‘adequacy decision’ or ‘appropriate safeguards’ – for example, reliance on your explicit consent to that transfer.
You may contact us if you want further information on the specific mechanism used by us when transferring your personal information out of Europe.
