TABLE OF CONTENTS
- Information Collection
- Use/Disclosure of Personal Information
- Ensuring Your Security
- Access and Updates to your Personal Information
- Technology Utilized / Tracking Technologies
- External Links
- Social Media Widgets
- International Users
- Your California Privacy Rights
- Notification of Changes
- Contact Information
There are several ways we may obtain information about you, including from:
Other site users;
Social media platforms;
Third party service providers; and
When information identifies or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, we refer to it as "Personal Information." This Personal Information may include the following categories:
Identifiers/Biographical Information: These include your name, postal and email address, phone number, and unique identifiers.
Characteristics of Protected Classifications Under California or Federal Law: Your date of birth, age, gender, or income level.
Commercial information: Your purchase and usage history, and preferences.
Internet/Electronic Activity: Your geolocation information, IP address, web/app browsing and search history related to our Website or services, and information regarding your interaction(s) with the Website, services, or advertising.
Profile Inferences: The inferences that we draw from your information and web activity to create a personalized profile so we can better identify goods and services that may be of interest.
Financial Information: This includes your bank card and credit card information used to process payments.
We also work with various types of data that are de-identified or aggregated, and not reasonably capable of being associated with, or reasonably be linked, directly or indirectly, with you or your household. This data is not Personal Information.
Personal Information You Provide
Personal Information Collected from Others
Personal Information Collected Automatically
We may also use tracking technologies (as described below) in order to automatically (or passively) collect, store or accumulate certain information concerning your use of this Website, such as information regarding which of our pages are most popular, your IP address, UDID or other unique identifier, browser type such as Internet Explorer®, Safari®, Chrome®, etc., city, time zone, referring URL, and operating system such as Windows®, Mac®, iOS® or Android®. Information gathered may be used in aggregate form for internal business purposes, such as generating statistics, developing marketing plans, customizing content, and improving the Website. We may share or transfer such information with or to our affiliates, licensees and partners and other third parties.
We do not knowingly collect personal information from children under the age of 13. However, if the parent or guardian of a child under 13 believes that the child has provided us with personally identifiable information, the parent or guardian of that child should contact us at firstname.lastname@example.org if they want this information deleted from our files so that it is not in retrievable form. If we otherwise obtain knowledge that we have personally identifiable information about a child under 13 in retrievable form in our files, we will delete that information from our existing files so that it is not retrievable.
Use/Disclosure of Personal Information
The Company and its affiliates and subsidiaries may use the Personal Information that you provide for business purposes, such as to fulfill your request for a product, information, or other service, or respond to an email or other request, as well as for commercial purposes such as to create and deliver to you our newsletters or surveys, email and postal mail marketing communications containing product information, usage tips or promotions, help improve our Website or services, or customize visitors' experience at our Website. The Company may also make certain Personal Information (e.g., your name, email address, mailing address and/or telephone number) available to carefully selected business partners, vendors and other third party organizations to provide you with information about products, services and special offers we think may interest you or to improve our products, services and advertising. Many of our users find this a valuable and time-saving service.
We want to communicate with you via email and/or postal mail correspondence only if you want to hear from us. If for any reason you would no longer like to receive email and/or postal mail messages from the Company, you can click here to remove yourself or choose the "unsubscribe" option in each email footer. In addition, if you do not want us to share your Personal Information with third party organizations, you can email us at email@example.com to remove yourself. Please allow up to 10 days for us to process your request. Please note, if you opt not to receive marketing emails from the Company, you may still receive "transactional" email or postal mail correspondence regarding your account, use of the Website or your order (i.e. order confirmation, shipping information, customer service notifications, etc.). If you have questions or concerns regarding this statement, please contact us at firstname.lastname@example.org.
We may contract with third party companies or individuals to provide certain services for business purposes including email and hosting services, credit card processing, shipping, data management, surveys and marketing, promotional services, to assist in preventing or deterring fraud, etc. We call them our "Service Providers." We may share Personal Information with Service Providers solely as appropriate for them to perform their functions, but they may not use such information for any other purpose. We do not share your credit card information with unaffiliated third parties unless you authorize us to do so, or if it is necessary to fulfill our responsibilities including, but not limited to, delivering a product or service that you order.
The Company in its sole discretion may disclose Personal Information in certain circumstances: (1) when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may cause injury to or interference with (either intentionally or unintentionally) the legal rights of the Company or the Website, or to anyone that could be harmed by such activities; (2) when we believe in good faith that the law requires it, including compliance with legal process served on the Company; and (3) in situations involving threats to the physical safety of any person or entity.
Information about our users, customers, and the Website is one of our most important business assets. Therefore, such information, including Personal Information, may be disclosed as part of any merger or acquisition, creation of a separate business, or the sale or pledge of Company assets as well as in the event of an insolvency, bankruptcy or receivership in which Personal Information would be transferred as one of the business assets of the Company.
Ensuring Your Security
We use Secure Sockets Layer (SSL), an advanced security protocol that protects your credit card information and ensures secure online ordering. SSL Internet connections are encrypted, and thus protect all credit card ordering information, including your name, address and credit card number, so it cannot be read in transit. We use secure technology, privacy protection controls, and restrictions on employee access, to safeguard your personal information. Please note, however, that although we employ industry-standard security measures to safeguard the security of your personal information, no transmissions made on or through the Internet are guaranteed to be secure.
Access and Updates to Your Personal Information
If your Personal Information changes, or if you no longer desire our service, you may correct, update, amend, delete/remove, or deactivate it by making the change on our member information page or by emailing our Customer Support at email@example.com or by contacting us by telephone or postal mail at the contact information listed below. We will respond to your request within a reasonable timeframe. In some instances, we may not be able to correct or delete information shared with third parties. Pursuant to applicable law, we may be entitled to refuse to act on the request.
Technology Utilized; Tracking Technologies
We and our marketing partners, affiliates, or analytics or service providers, use technologies such as cookies, beacons, tags, browser fingerprinting, recognition technologies and scripts, to analyze trends, administer the Website, track users’ movements around the Website, monitor the performance of the Website, measure its effectiveness, tailor our products, services and advertising to suit the personal interests of you and others, estimate our audience size, assist our online merchants to track visits to and sales at our Website and to process your order, track your status in our promotions, contests and sweepstakes, and/or analyze your visiting patterns and to gather demographic information about our user base as a whole. In addition, we may outsource these tasks to third parties; however, the third parties may not use or disclose your Personal Information for any other purpose. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis. This information may be combined with information collected from other third-party sources of information not collected during your visit to our Website, which may include your name and mailing address, for purpose of determining whether you may be interested in receiving direct mail.
We may work with third parties, such as network advertisers and ad exchanges that use tracking technologies on our Website in order to provide tailored advertisements on our behalf and/or on behalf of other advertisers across the Internet and we may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of these ads on third party sites and viewing of ads and of our content. Network advertisers are third parties that display advertisements, which may be based on your activities (including past visits to our Website) across the Internet and mobile media ("Behavioral Ads"). Behavioral Ads enable us to target advertisements to you for products and services in which we believe you might be interested. If you object to receiving Behavioral Ads from us on third party sites, you can learn more about your ability to limit Behavioral Ads below. Our third party ad network and exchange providers, the advertisers and/or traffic measurement services may themselves set and access their own technologies on your device and track certain behavioral usage information via a device identifier. These third party technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements; and (c) understand the usefulness of the advertisements that have been delivered to you.
Statements regarding our practices do not apply to the methods for collecting information used by these third parties or the use of the information that such third parties collect. We do however work with third parties to make efforts to have you provided with information on their practices and any available opportunity to exercise choice. We make no representations regarding the policies or practices of third party advertisers or advertising networks or exchanges or related third parties.
There may be other tracking technologies now and later devised and used by us in connection with the Website.
"Cookies" are small pieces of information stored by your browser on your computer's hard drive. Most web browsers automatically accept cookies, but you can usually change your browser to prevent this. However, if you disable cookies, you may be unable to order products or use other features of our Website and you may have less than a satisfactory experience.
"Clear gifs" (also known as "web beacons" or "pixel tag") are tiny graphics with a unique identifier, similar in function to cookies, and are used to help us monitor activity on our Website and better optimize our advertising.
"Network traffic monitoring" is programming that monitors and analyzes network traffic, and can be used to capture data being transmitted on a network, including plain-text data and computer IP addresses.
"Active scripting" is programming code that is designed to collect information about your interactions with the Website, such as which links you click on. The code is temporarily downloaded onto your computer or mobile device from our server or a third party service provider, is active only while you are connected to the Website, and is deactivated or deleted thereafter.
We may combine automatically collected aggregate information with your Personal Information. In those cases, we will apply this Policy to the combined information.
Do Not Track Signals
Some web browsers are developing or offering signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., a "Do Not Track" ("DNT") signal). A DNT signal is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. We do not monitor or take any action with respect to DNT signals.
Your Opt-Out Choices
Further, while sites use a variety of companies to serve advertisements, you may wish to visit https://optout.networkadvertising.org/?c=1 , which provides information regarding this practice by Network Advertising Initiative ("NAI") members, and your choices regarding having this information used by these companies, including the "opt-out" procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver Behavioral Ads to you, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different device or change web browsers, your NAI opt-out may not, or may no longer, be effective. You may also opt-out of receiving Behavioral Ads on participating sites and services by visiting the Digital Advertising Alliance ("DAA") website at Digital Advertising Alliance (or if located in the European Union click here). Similar limitations may apply to the DAA opt-out. We are not responsible for effectiveness of or compliance with any third parties’ opt-out options or programs.
Social Media Widgets
Our Website are operated in the United States and intended for users located in the United States. Like almost every website, our Website may be accessed by an international audience. By visiting our Website and providing us with data, you acknowledge and agree that your Personal Information may be processed for the purposes identified in this policy. In addition, such data may be stored on servers located outside your resident jurisdiction and in jurisdictions which may have less stringent privacy practices than your own. By providing us with your data, you consent to the transfer of such data.
Your California Privacy Rights
The California Consumer Privacy Act (CCPA) creates consumer rights for residents of the state of California relating to the access to, deletion of, and sharing of personal information that is collected by businesses. The CCPA defines terms such as "sale," "personal information" and "other valuable consideration" more broadly than you might think. This section uses the definitions provided by the CCPA.
Categories of Personal Information Sold
In the last 12 months, TPC has "sold" the following categories of "Personal Information" as defined by the CCPA:
Identifiers/Contact information, sold to social media networks, data analytics providers, and advertising networks; and
Internet/Electronic Activity, sold to social media networks, data analytics providers, and advertising networks.
We do not knowingly sell Personal Information about persons under the age of 16.
Categories of Personal Information Disclosed
In the last 12 months, TPC has "disclosed" the following categories of "Personal Information" for a "business purpose" (such as with our service providers who are restricted from using your Personal Information outside the scope of their services for TPC) as defined by the CCPA:
Identifiers/Contact Information, disclosed to billing service providers, email service providers, customer service platforms, and fraud protection services.
Characteristics of Protected Classifications Under California or Federal Law, disclosed to customer service platforms, and fraud protection services.
Commercial Information, disclosed to payment processors, product fulfillment vendors, email providers, site personalization platforms and marketing analytics services.
Internet/Electronic Activity, disclosed to marketing analytics services, email service providers, site search providers and site personalization platforms.
Inferences, disclosed to marketing analytics services, email service providers and site personalization platforms.
The California Consumer Privacy Act ("CCPA") requires providing a Notice of Financial Incentives prior to enrolling a consumer in a program where the consumer provides certain personal information in exchange for a financial benefit.
The Proactiv Perks program offers eligible customers an opportunity to earn rewards redeemable for Proactiv products, and to receive special offers and gifts. Click here to learn more about the program. The complete Terms and Conditions are here, including details on how to un-enroll in the program at any time.
When you sign up for Proactiv Perks, we typically ask for your name, physical address, email address and a mobile phone number. Because we collect your personal information to administer the Proactiv Perks program, this may be interpreted as a "financial incentive" under California law. The value of your personal information that we collect is reasonably related to the expenses related to the rewards and other offers and gifts we offer to our customers as part of the program.
California residents may take advantage of the following privacy rights pursuant to the CCPA:
You may request, up to two times each year, that we disclose to you the categories and specific pieces of personal information that we have collected about you, the categories of sources from which your personal information is collected, the business or commercial purpose for collecting your personal information, the categories of personal information that we disclosed for a business purpose, any categories of personal information that we sold about you, the categories of third parties with whom we have shared your personal information, and the business or commercial purpose for selling or disclosing your personal information, if applicable.
You may request that we delete any personal information that we have collected from or about you. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, or to comply with a legal obligation.
You may request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding twelve calendar months.
If you are a California resident and would like to submit a privacy rights request, please contact us using our webform , at 1 (888) 499-8951, or by mail to:
120 Broadway, Suite 500
Santa Monica, CA 90401
Attn: California Privacy Rights
You must put the statement "Your California Privacy Rights" in the subject field. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. We may take steps to verify your identity before responding to your request by verifying that you control the email address associated with your personal information, verifying account information, and asking you a series of questions about your previous interactions with us. We reserve the right to take additional steps or require additional information to verify your request. If you exercise any of the foregoing rights, we will not discriminate against you, such as by denying you access to our products or restricting your access to products of certain pricing or quality. We will confirm receipt of your request within 10 business days and will respond to your request within 45 calendar days, after proper verification, unless we need additional time, in which case we will let you know.
To opt out of the sale of your Personal Information, please click on the Do Not Sell My Personal Info link on our website footer or provided here. We will comply with your opt-out request within 15 business days. Please note, this is a limited opt out that does not apply to previously-collected information or data not sold by TPC. You will still receive targeted advertising sold by other sources from which you have not opted out. If you wish to opt out of all targeted advertising, please refer to the "Your Opt-Out Choices" section above.
You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf, and that they are registered with the California Secretary of State to conduct business in California, or must demonstrate they have power of attorney pursuant to applicable probate law. TPC retains the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. An authorized agent is prohibited from using a consumer’s personal information, or any information collected from or about the consumer, for any purpose other than to fulfill the consumer’s requests, for verification, or for fraud prevention.
Notification of Changes
120 Broadway, Suite 500
Santa Monica, CA 90401