Last updated October 1, 2020
CALIFORNIA PRIVACY RIGHTS
Section 1798.83 of the California Civil Code provides that residents of California can obtain certain information about their personal information (as defined under Section 1798.83(e)(6) of the California Civil Code) that companies have shared with third parties for direct marketing purposes during the preceding calendar year, as well as the identity of those third parties. Personal information, as defined under the California Civil Code, includes, but is not limited to, data relating to a living individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller. To request a copy of your personal information maintained by us, please contact us at [email protected].
INFORMATION YOU PROVIDE TO US
The Chalkboard collects Personal Information through the Site at several points.
We (or our service providers) collect information from you when you: (1) place orders through our Sites or otherwise use the services; (2) sign up for a service or feature; (3) complete a survey; (4) communicate with us via third-party social media sites; (5) apply for a job with us or (6) contact us, or otherwise communicate with us or provide information to us.
When you visit our Site, we also collect information such as your user name, email address, and we may log or record your interactions with form elements of our Site. We will use this information to help diagnose problems with our systems and applications, to administer our Site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners to assist us in this process.
In some cases, you may provide information to us about another person, such as when you share Site content or send a message to a friend through a Site or otherwise. In such cases, you represent that you have the authorization of such person to provide us with such information.
We may combine your (and others’) information that we have collected from you (or others) with information we may receive from other sources, such as third-party social media platforms (e.g., when you choose to log in to our Sites through a third-party social media platform, subject to your actions and settings thereon), address update services and co-promotion partners. By accessing our Sites, you signify your consent to the above collection of your Personal Information.
When you are signing up for the first time on a Site with an email address that you have previously provided to us in another, we may recognize that email address and, once you have completed the sign up process, you may be able to see your contact information already included in your new online profile. This is happening because we have recognized your email address and, for your convenience, have added your information to your profile.
If you do not want us to collect your Personal Information, please do not provide it to us. You can revoke your consent in accordance with the procedures set forth below.
If you receive an email or other correspondence requesting that you provide any sensitive information via email or to a web site that does not seem to be affiliated with the Site, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us at [email protected]
SITE INFORMATION, COOKIES & OTHER INFORMATION COLLECTED AUTOMATICALLY
Site Usage Information includes, but is not limited to: (i) your browser type, device type, carrier (if applicable), device address, operating system, operating system address, IP address and the domain name from The Chalkboard you accessed a Site; (ii) information about your region, continent, country, city, zip code, time zone, and general location; and (iii) information about your browsing activities on and through a Site (also known as “Click Stream” data), such as (a) the date and time you visit one of the Sites, (b) the areas or pages of a Site that you visit, (c) the amount of time you spend viewing a Site or specific areas of a Site, (d) the number of times you return to a Site or a specific area of a Site, (e) the web sites or pages you visited prior to visiting a Site, (f) the websites or pages you visit after you leave a Site; (g) searches you have performed on a Site and on other websites that led you to our Sites; (h) social plug-ins with The Chalkboard you have interacted on our Sites; and (j) other similar Site usage data (collectively, the “Site Usage Information”).
If you provide or connect your third-party account credentials to an account with our Site, some content and/or information in those accounts may be transmitted into your account with us. For example, when you connect with Facebook, we receive and collect your name, email address and profile photo.
We may use Flash cookies and other similar technologies, which allow a website to store certain information locally on an individual’s computer or device and then access and use that information to enhance and facilitate certain Site experiences, processes and functionality. Flash cookies are different from other cookies and may not be removed in the same manner. More information about both kinds of cookies is available at www.allaboutcookies.org.
We may also use web beacons (also known as “clear GIFs” or “pixel tags”) for similar purposes as cookies. These beacons are typically one-pixel images that are embedded in the Site or in a communication, such as an email message. These technologies help us to verify when a certain page of a Site is viewed, when a message is opened and when links or other content in a message are clicked or viewed.
We may use third party web analytics services, such as Google Analytics and Adobe services, to help us track and analyze the use of our Site and to measure the effectiveness of our advertising, Site content, and communications.
DO NOT TRACK
We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your information. We may engage third parties, such as marketing or analytics partners, who may collect information about your online activities over time and across different websites when you use our website. To learn more about browser tracking signals and “Do Not Track,” please visit http://allaboutdnt.org.
THIRD PARTY ADVERTISING
CATEGORIES OF INFORMATION COLLECTED
In the last 12 months we may have collected and may in the future collect the following categories of information from you:
- Identifiers (such as contact information, government IDs, cookies, etc.),
- Information protected against security breaches (such as your name and financial account, driver’s license, social security number, user name and password, health/medical information),
- Protected classification information (like race, gender, ethnicity, etc.),
- Commercial information,
- Internet/electronic activity, geolocation, audio/video data, professional or employment related information,
We may use the information we collect from and about you (including both Personal Information and Site Usage Information) for a variety of purposes, including but not limited to the following:
(i) To fulfill your requests for products and services and to keep you informed about your orders; (ii) to provide you with targeted offers and advertising on and at the Sites; (iii) subject to your communications preferences and, where required by applicable law, subject to your consent, to contact you (via postal mail, email, text messages and the like) with promotional materials about us, our products, our services and our events, as well as about select partners; (iv) to contact you when necessary or appropriate; where appropriate, for market research and to review and improve our merchandise selections, customer service, online and offline operations and overall shopping experience; (v) to protect the security or integrity of the Sites and our business; (vi) and otherwise, with your permission or as permitted by law.
PAYMENT CARD INFORMATION
To use certain aspects of our services, we may require credit or debit card account information. By submitting your credit or debit card account information through the services, you expressly consent to the sharing of your information with third party merchants, billing processors, and payment processors. These third parties may store your credit or debit card account information so you can use our services in the future. We do not have your complete credit or debit card account information, store your credit or debit card account information, or have direct control over or responsibility for your credit or debit card account information. While we require that such third party merchants, billing processors, and payment processors use reasonable procedures to help protect your credit or debit card information, we cannot guarantee that transmissions of your credit or debit card account information or Personal Information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by us or our third-party service providers. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.
We may disclose information we collect (including Site Usage Information and Personal Information) in the following ways to third parties, to the extent permitted by law:
- To our service providers and suppliers, who collect or use such information for us or on our behalf (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfillment companies, and other similar entities that help us to operate the Site and/or provide functionality, content and services);
- The Chalkboard companies and affiliated entities;
- Auditors and professional advisers like bankers, lawyers, accountants and insurers;
- To respond to subpoenas or other judicial processes, or to provide information as requested by law;
- To third party marketers, unless you opt-out by clicking on the Do Not Sell My Personal Information link on our website, and as permitted by law;
- When you contribute to a social, community or other publicly available area or feature of the Sites, the information and content that you post may be made available to the general public, depending on your settings (this is why we recommend that you do not submit or post any sensitive Personal Information, such as your full name, home address, phone number or other information that would enable others to contact or locate you); and
- As otherwise, with your permission or as permitted by law.
Content and information that you submit on or through Facebook, Twitter, Instagram, Tumblr and other third-party platforms may appear on the Site through feeds from and other interfaces with those platforms. We are not responsible for the information, content and/or privacy practices of any such third-party platforms.
YOUR CHOICES / YOUR PRIVACY RIGHTS / HOW TO UNSUBSCRIBE
If you would like to opt out of receiving direct mail from us, please contact us at [email protected]. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your Account, relationship, activities, transactions and communications with us.
If you would like to opt out of receiving promotional emails from us, please follow the unsubscribe instructions located in each such email or contact us at [email protected]. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your Account, relationship, activities, transactions and communications with us.
If you would prefer that we not share your Personal Information with third-party marketers, please contact us at [email protected] and/or click the Do Not Sell My Personal Information link on our website. Please understand that if you do request that we stop sharing your Personal Information with third parties for their direct marketing purposes, such request will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from third parties that received your Personal Information prior to that request. In these cases, please opt out from or contact the third party directly.
You may withdraw consent at any time by contacting us at [email protected]. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
ACCESS TO YOUR PERSONAL INFORMATION
At any point while we are in possession of or processing your Personal Information, you have the following rights:
- Right of access – you have a right to request disclosure of your Personal Information, and to receive additional details regarding the Personal Information and the categories of such information we collect and its use purposes, including any third parties with which we share your Personal Information. You also have the right to request a copy of the information that we hold about you.
- Right to deletion – in certain circumstances you can ask for the data we hold about you to be erased from our records and request that we instruct our third party service providers to do the same.
- Right of portability – in response to a request for disclosure, you have the right to have the Personal Information we hold about you in a readily usable format.
- Right to Opt-Out – you have the right to opt-out of sales of your Personal Information to third parties.
- Non-Discrimination – You have the right not to be discriminated against by denying goods or services to you, charging a different price or rate for goods or services, providing a different level or quality of goods or services, or suggesting that we will do any of these things based upon your exercise of any CCPA rights.
- Third parties must also give consumers explicit notice and an opportunity to opt out before re-selling personal information that the third party acquired from another business.
In the event that The Chalkboard does not take action with respect to a request to exercise any of your rights listed above, we will provide you with a reason as to why.
To provide you with increased security, access to certain Personal Information stored in your Account is protected with your username and password. You are responsible for maintaining the confidentiality of your Account credentials, and we strongly recommend that you do not disclose your account username or password to anyone. We will never ask you for your password in any unsolicited communication. Please notify us immediately of any unauthorized use of your Account credentials or any other suspected breach of security.
The Sites are not directed to children under the age of thirteen (13). If you are under thirteen (13), do not provide your Personal Information on or to the Site. We do not knowingly collect on the Sites any Personal Information from children under thirteen (13). Users outside of the United States who are below the age of eighteen (18) (or the age of the majority in the applicable jurisdiction) should not use the Sites without authorization from a parent or legal guardian. If a parent or guardian becomes aware of his or her child has provided us with Personal Information without their consent, please contact us at: [email protected]. Moreover, the CCPA prohibits us from selling any Personal Information of children under the age of 16 without express consent. Therefore, unless we have such consent, we will not under any circumstances sell such Personal Information.
RETENTION OF PERSONAL INFORMATION
We will process (collect, store and use) the information you provide in a manner compatible with the CCPA. We will endeavor to keep your information accurate and up to date, and not keep it for longer than is necessary. The Chalkboard is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of Personal Information should be kept may also be governed by specific business-sector requirements and agreed practices.
HOW TO FIND OUT WHAT PERSONAL INFORMATION IS HELD BY THE CHALKBOARD
The Chalkboard at your request can confirm what information we hold about you and how it is processed. If The Chalkboard does hold Personal Information about you, you can request the following information:
- The categories of Personal Information collected, stored and processed and its use by The Chalkboard.
- Recipient(s) or categories of recipients that the data is/will be disclosed to.
- Details of your rights to correct, erase, restrict or object to such processing.
- Information about your right to opt-out of the sale of your Personal Information at any time.
- The source of Personal Information if it was not collected directly from you.
The Chalkboard accepts the following forms of identification when information on your personal data is requested: Passport or Driver’s License.
GOVERNING LAW/DISPUTE RESOLUTION/ARBITRATION