Effective Date: March 27, 2020
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
1. Information Collected
“Personal information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, such as your name, address, telephone number, or email address. Below, we provide information regarding the categories of personal information that we collect from you, along with the sources from which it is collected, the purposes for which it is collected, and the third parties to whom we may disclose such information. The following covers the personal information collected over the course of the past 12 months.
Identifiers may include name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, employer, or other similar identifiers. The source is directly from you, indirectly from you (e.g., from observing your actions on our Site), or from a third party service provider such as a data analytics provider. The purpose is to fulfill or meet the reason you provided the information, e.g., to respond to an inquiry. Disclosure for business purposes occurs with internet service providers and payment processors.
Payment Information may include name, signature address, telephone number, driver’s license or state identification card number, bank account number, credit card number, debit card number, or any other financial information. The source is directly from you. The purpose is to fulfill or meet the reason you provided the information, e.g., to respond to an inquiry. Disclosure for business purposes occurs with internet service providers and payment processors.
Commercial information may include records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. The source is directly from you. The purpose is to fulfill or meet the reason you provided the information, e.g., to respond to an inquiry. Disclosure for business purposes occurs with payment processors.
Internet or other similar network activity may include browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. The source is indirectly from you (e.g. from observing your actions on our Site), or from a third party service provider such as a data analytics provider. The purpose is to fulfill or meet the reason you provided the information, e.g., to provide targeted advertising. Disclosure for business purposes occurs with internet service providers and payment processors.
Geolocation data may include physical location or movements. The source is directly from you. The purpose is to fulfill or meet the reason you provided the information, e.g., to respond to an inquiry or provide targeted advertising. Disclosure for business purposes occurs with internet service providers and payment processors.
Inferences drawn from other Personal Information may include a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. The source is indirectly from you (e.g., from observing your actions on our Site), or from a third party service provider, such as a data analytics provider. The purpose is to fulfill or meet the reason you provided the information, e.g., to provide targeted advertising. Disclosure for business purposes occurs with internet service providers and payment processors.
Some specific pieces of personal information we collect from you includes:
− Usage information, such as your IP address and how you and your device interact with our websites (e.g., the pages you visit, the search terms you enter);
− Personal information you voluntarily provide to us, such as your name, phone number and email address, when you contact us with a request or inquiry;
− Personal information you provide to us in connection with a transaction, such as name and payment information.
2. Use of Information Collected
We use the personal information we collect from you for the following purposes:
− To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested;
− To send periodic emails regarding our Services;
− To follow up after correspondence (live chat, email or phone inquiries) or otherwise contact you;
− To alert you to special offers, updated information and other new Services , or other third parties, or to forward promotional materials;
− To complete a transaction or service requested by you;
− To conduct marketing analysis and deliver you with content or features that we believe may assist you or otherwise be of interest to you;
− To fulfill the terms of a promotion (e.g., contests, sweepstakes, etc.);
− To administer our Services, or anticipate and resolve problems with the Services;
− To detect potential fraud;
− To process your transaction;
− For other legitimate business purposes.
3. Legal Bases for Processing
We process your personal information with transparency and in accordance with applicable law. We rely on the following legal bases for our processing activities listed above:
− Your consent, where required.
− As otherwise required by applicable law.
4. Sharing and Disclosure of Information
We may share or disclose your information to the following categories of third parties and for the following reasons:
• To affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personal information for research, administrative and/or internal business purposes. These parties may use this personal information to contact you with an offer or advertisement related to a product or service, or they may use such personal information for their own research, administration or business purposes. When we share your personal information with these parties, we seek to ensure that the party with whom we share the personal information will maintain it securely and in accordance with the applicable laws.
• To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Site and provide other administrative services to us (including, but not limited to, providing service, maintaining and analyzing data, sending customer communications on our behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the personal information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Site will have access to users’ personal information, if you do not wish for our unaffiliated third-party service providers to have access to your personal information, please do not register or submit any personal information to us.
• To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, or act in urgent circumstances to protect the personal safety of our end users. We may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for personal information we receive, or to otherwise protect our rights.
• To third parties as part of any direct or indirect corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
• To track and analyze non-identifying and aggregate usage and volume statistical personal information from our visitors and customers and provide such personal information to third party data analytics providers.
• To protect against potential fraud, we may verify with third parties the information collected through the Services. In the course of such verification, we may receive personal information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.
− Essential: Some cookies are essential in order to enable you to move around our websites and use their features, such as accessing secure areas of our websites. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
− Analytics: We use Google Analytics to measure how you interact with our websites and to improve your user experience. For more information about Google Analytics and how it collects and processes data, please go to “How Google uses data when you use our partners’ sites or apps,” located at https://policies.google.com/technologies/partner-sites. Google also provides instructions on opting-out of Google Analytics at https://tools.google.com/dlpage/gaoptout.
6. Third Party Advertising
7. Collection and Use of Information from Children
Our Services are not intended for children. We do not knowingly collect personal information from children and none of our Services are designed to attract children. In the event that we learn that a person under the age of majority in their jurisdiction has provided personal information to us, we will delete such personal information as soon as possible.
Additionally, you must be above the age of majority in your jurisdiction to use the Services. If you are not above the age of majority in your jurisdiction, you are prohibited from using the Services.
8. Individual Rights
We provide you the opportunity to opt-out of marketing communications by clicking the “unsubscribe” link in email communications or by contacting us using the contact information provided below. We will process your request as soon as possible in accordance with applicable law, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.
We may also send you information regarding our Services, such as information about changes to our policies and other notices and disclosures required by law. Generally, users cannot opt out of these communications, but they will be primarily informational in nature, rather than promotional.
If you have created an account with us, you may also view, correct or update your information by logging into your account at any time.
9. Your California Privacy Rights
California Civil Code Section 1798.83 permits visitors to the Services who are California residents to request certain information, once a year, regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an email using the contact information provided below and put “Shine the Light Request” in the subject line of your email.
From January 1, 2020, California consumers have the following rights:
• Right to know
You have the right to request information about the categories and specific pieces of personal information we have collected about you, as well as the categories of sources from which such personal information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such personal information. Please see table above regarding what personal information we collect.
You have the right to request information about our disclosure for business purposes of your personal information to third parties in the preceding 12 months. Please see table above regarding what personal information we collect, as well as the policies above regarding sharing and disclosure of Personal Information. High Peaks does not sell personal information.
• Right to delete
You have the right to request the deletion of your personal information.
• Right to non-discrimination
You have the right to not be discriminated against for exercising any of these rights.
If you would like to exercise one or more of the rights above, please contact us using the contact information provided below. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.
We may need to confirm your verifiable consumer request before completing your request, and, for example, may ask for you to confirm data points we already have about you. We will only use personal data provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
10. Third Party Links
Our websites contain links to other sites. We are not responsible for the privacy practices or content of such other sites. If you have any questions about how these other sites use your information, you should review their policies and contact them directly.
We implement reasonable security measures to ensure the security of your personal information. Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. We may post a notice via our websites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
12. Data Retention
We retain your personal information only for as long as necessary to fulfill the purpose for which it was collected, unless a longer retention period is required by applicable law.
13. International Data Transfers
If you choose to provide us with personal information, please understand that such information may be transferred to the US and that we may transfer that information to our affiliates or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world. If you are visiting from the EU, Switzerland or other regions with laws governing data collection and use that may differ from US law, please note that you are transferring your personal information to the US and other jurisdictions which may not have the same data protection laws as the EU and Switzerland. We put in place appropriate contractual, operational, procedural and technical measures in order to ensure the protection of your personal information. To find out more information about these measures, please contact us using the contact information provided below. You acknowledge you understand that by providing your personal information: (i) your personal information will be used for the uses identified above in accordance with this Policy; and (ii) your personal information may be transferred to the US and other jurisdictions as indicated above, in accordance with applicable law.
In the event of a direct or indirect reorganization process, which may include, but is not limited to, mergers, acquisitions, divestitures, bankruptcies, and sales of all or a part of our assets, you grant us the right to assign the personal information collected via the Services.
15. How We Respond to Do Not Track Signals
At this time, our website does not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
16. Dispute Resolution
Notice shall be sent to:
(1) Us at: High Peaks, ATTN: Privacy, 1225 Lincoln Street, Columbia, SC 29201; and
(2) You at: your last-used billing address or the billing and/or shipping address used upon check-out on this website, or in your user account if applicable.
You agree that the dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
If any dispute cannot be resolved by the above dispute resolution procedure, you agree that the sole and exclusive jurisdiction for such dispute will be decided by binding arbitration on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services, Inc. (www.jamsadr.com) for binding arbitration under its rules then in effect in the New York, New York area, before one arbitrator to be mutually agreed upon by both parties.
17. Changes to this Policy
We reserve the right to change this Policy from time to time. When we do, we will also revise the “Last Updated” date at the top of this Policy. If we make material changes to the Policy, we will notify you by placing a prominent notice on our website and/or by sending you an email at the email address we have on file for you. We encourage you to periodically review this Policy to keep up to date on how we are handling your personal information.
18. Contact Us
If you have any questions, comments or concerns about our privacy practices or this Policy, please contact us at:
2413 Leaphart Rd.
West Columbia, SC 29169
Toll-Free Phone Number: 1-888-654-3CBD
E-mail address: email@example.com
Or, use this link: www.highpeaks.com/contact-us