Policies at Honest Gains Apparel
Things You Need to Know
The Brand with the Smile, Honest Gains is a fitness clothing brand striving to provide the best clothing products and service to our customers. Our vision is to motivate and inspire people all over the world so they reach their full potential while feeling good.
​​TERMS OF USE
By using our site, you agree to the terms of use and agree to follow and be bound by these terms. We do not warrant that the information on our website is accurate, complete or current. This includes pricing and availability information.
COPYRIGHT & TRADEMARKS
Materials, images, illustrations, designs, icons, etc. are all copywritten and trademarked under the legal authority of “Honest Gains LLC”
CORRECTION OF ERRORS & INACCURACIES:
Information on this site may contain typographical errors or inaccuracies, some information may not be complete or current. Honest Gains LLC reserves the right to correct errors, inaccuracies, and to change or update information any time without notice (including after you’ve submitted your order.)
COLORS
Honest Gains LLC puts forth efforts to accurately display the colors on its products. Honest Gains LLC does not guarantee that your monitor's display of any colors will be accurate.
RETURN/EXCHANGE POLICY
Our store does not accept exchanges for the following:
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Wrong size
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Wrong color
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If something is wrong with your product, please email us with the following information:
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Description of what is wrong
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Pictures of what is wrong with the product
How long will it take for my Return/Exchange to be processed?
Due to the overwhelming support, please allow up to 30 business days for your order to be processed through our exchange department. A representative will be in contact with you (via the email address used to place your order) to provide further details and updates.
What if the exchange item I want is out of stock?
Due to high demand and varying stock levels, we cannot guarantee your item desired for exchange will be in stock. If we are unable to offer exchanges because a specific style or size has sold out, we will contact you for alternative options.
SHIPPING AND DELIVERY
All orders are shipped from drop shippers flat rate by size.
California residents incur sales tax provided California state law. International customers are responsible for all fees and shipping cost provided during check out.
Any other questions please refer all questions to support@honestgains.pro
PRODUCT AVAILABILITY
Although merchandise may be indicated on site, we can not guarantee product availability or immediate delivery. Honest Gains LLC reserves the right without liability or prior notice to revise, discontinue, or cease to make available any or all products or to cancel any order.
CUSTOMER PRIVACY
Honest Gains LLC respects our customers account information as private and confidential information and will never share with any third parties or individuals.
CONTACT INFORMATION
For all inquiries regarding information about Honest Gains LLC please contact:
Email: support@honestgains.pro
Effective March 4, 2022
Honest Gains respects the privacy of all of our visitors and pledges to provide you with the best online experience possible. This Honest Gains Privacy Policy (“Privacy Policy”) describes what personal information we collect from you via our Services (defined below), how we may use it and the steps we take to ensure that it is protected. This Privacy Policy applies to personal information we may collect from you through any Honest Gains online services that posts this Privacy Policy, as well as through our retail stores located in the U.S. and Canada, Honest Gains -sponsored events, Honest Gains e-mails originated from the U.S. and Canada, and official Honest Gains operated surveys and sweepstakes entry forms, or in any other instance when you contact our operations in the U.S. and Canada (collectively “Services”).
California residents should see our California Privacy Rights notice for additional notices and how to exercise their California privacy rights. Nevada residents should see our Nevada Privacy Rights section for how to exercise their Nevada privacy rights.
BY ACCESSING OR USING THE SERVICES, ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICE (COLLECTIVELY, "DEVICE"), OR BY OTHER METHOD, YOU CONSENT TO OUR PRIVACY POLICY.
Honest Gains may modify this Privacy Policy at any time effective upon its posting, and additional privacy notices or policies may also apply. Your continued use of our products and services constitutes your acceptance to this Privacy Policy, applicable additional notices and policies and any updates. Do not use the Service if you do not agree.
INFORMATION WE COLLECT AND HOW
We collect information you give us or permit us to access. We may also collect information regarding your interaction with, and use of, our products and services. Information we may collect includes, but is not limited to, your name, image, birth date, email and physical address, IP address, telephone number or mobile phone identifier, gender, contact lists, social media information, location (including GPS) information, activity and performance information, Device identifier and hardware information, browser type and language, cookie information, system type, whether you have enabling software to access certain features, access times, referring website URLs, information about your purchases and other information about your interactions with us, and when necessary, credit card information. We also collect information about gift and eGift Card recipients provided by the giver.
For example, and as more fully explained in the next section, we may automatically collect certain information about you when you access or use the Services, or shop in our stores, including:
Log and Usage Information: We collect information about your use of the Services, such as the type of browser you use, access times, pages viewed, items placed in your cart, links clicked, browsing behavior, and the referring URL (the webpage you visited before navigating to the Services). We also collect information regarding customer traffic patterns and site usage. This information is used to analyze and improve our Services, to provide our customers with a fulfilling shopping experience, and to personalize the Services, our communications with you, and your shopping experience.
Device Information: We collect information about the device you use to access the Services, including the hardware model, IP address, unique device identifiers and operating system and version.
Transaction Information: When you purchase or return a product, we collect information about the transaction, such as product details and the date and location of the purchase/return.
Video Data: We use video cameras in our stores for security purposes, loss prevention, and asset protection. We may also use cameras in our stores for operational purposes, such as traffic pattern analysis. We will not use cameras to personally identify you, without your consent, except when the identification is for safety, security, anti-theft, or law enforcement purposes.
RFID Data: We may use Radio Frequency Identification (RFID) for inventory management and logistics support. RFID tags consist of a small chip and antenna that provide a unique identifier for objects. RFID serves the same purpose as a bar code and must be scanned by a specific type of reader in close proximity to the tag to retrieve tag data. RFID is not used to track or monitor any items once you leave our stores.
WiFi Data: Some of our retail stores may offer free Wi-Fi services to visitors. Wi-Fi routers capture certain data, such as Device information and telemetry data related to signal strength and quality related to your use of our Wi-Fi service, and we may analyze Wi-Fi data automatically collected to provide operational insights such as foot traffic volumes, dwell times, and how customers move through our stores.
Information Collected by Cookies and Other Technologies: As more fully explained in the next section, we (and our service providers and third parties) may use cookies, web beacons (also known as "tracking pixels") and other collection or tracking technologies (“Data Technologies”) to record and collect information about you when you interact with the Services, including information about your interaction with the Services such as click behavior, indicated preferences browsing and purchasing behavior. We may combine this information with other information we collect about you and use it for various purposes, such as improving our websites and your online experience, understanding which areas and features of our sites are popular, counting visits, understanding campaign effectiveness, tailoring our communications with you, determining whether an email has been opened and links within the email have been clicked and for other business purposes. For more information about cookies and how to disable them, please see the Cookies section below.
If you participate in a contest or sweepstakes that we sponsor, we may, in addition to the above, collect the information to administer the sweepstakes, or as otherwise disclosed at the time of collection, such as your contact information, your product size information, your preferences, your location, and other information you provide to us.
We may combine information you give us with other information from Honest Gains sources, transactions and communications. This may include, but is not limited to, information from Honest Gains Honest Gains retail stores, direct mail, catalogs, promotions, collaborations, events, products and applications, or other Honest Gains interactions. We may also combine that information with data that is publicly available and data from third parties. To the extent non-Service information is combined with Personal Information collected via the Services, we will treat it as Personal Information under this Privacy Policy.
COOKIES AND DATA TECHNOLOGIES
We, our service providers and third parties may use cookies and other Data Technologies, including but not limited to tracking pixels, to gather information about your visits on our website, mobile apps and other Services so we can enhance your experience. This information may be combined with other information, which will enable us to analyze and better customize your visits.
What Are Cookies? Cookies are data files stored within your browser when you interact with a website. These data files allow the website to recall important information about your visit, help better understand your preferences and improve your overall experience. For example, we use cookies to save products in your shopping cart while you browse our websites and to track the effectiveness of our marketing and advertising campaigns. Similarly, a tracking pixel or web beacon is a technology that can recognize specific cookies and convey information about that browser. We, and third parties, may also use technologies, such as our own and third party cookies, to provide you with personalized online display advertising tailored to your interests.
There are generally three categories of cookies used on the Services:
• Functional: These cookies are required for basic functionality and are therefore always enabled. If you disable them our Services may not function properly. These include cookies that allow you to be remembered as you explore and use our Services within a single session or, if you request, from session to session. They help make the shopping cart and checkout process possible as well as assist in security issues and conforming to regulations.
• Performance and Analytics: These cookies allow us to improve the Services' functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember Services preferences you have selected. These cookies also help us learn things like what pages are most attractive to all of our visitors and what promotions visitors like to see, and to gauge the success of our advertising campaigns. Refusing these cookies will limit recommendations and customizations while using the Services.
• Social media and Advertising: Social media cookies offer the possibility to connect you to your social networks and share content from the Services through social media. Advertising cookies collect information to help better tailor advertising to your interests. In some cases, these cookies involve the processing of your Personal Information. Refusing these cookies may result in seeing advertising that is not as relevant to you or you not being able to link effectively with Facebook, Twitter, or other social networks and/or not allowing you to share content on social media.
Your browser can also help you manage cookies. Most, but not all, browsers accept cookies automatically. You may be able to set your browser to reject and/or delete cookies. You may limit or turn off cookies and other collection tools by adjusting your browner settings. If you turn off certain collection tools, you may not have access to many features that make your experience more efficient and some of our services and features may not function properly. We recommend that you leave cookies “turned on” so we can offer you a better shopping experience on our sites.
Some information about your use of the Services and certain other online services may be collected using Data Technologies across time and services and used by Honest Gains and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on the Service and certain other online services. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, Honest Gains currently does not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but we are not responsible for the completeness or accuracy of this third party information. Some third parties may, however, offer you choices regarding their Tracking Technologies. Honest Gains is not responsible for the completeness or accuracy of this tool or third-party notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see below. We may, from time-to-time, and in certain jurisdictions, offer or point you to tools that allow you to exercise certain preferences regarding cookies and other Data Technologies associated with the Services, but such tools rely on third parties and third party information so we do not guaranty that the tools will provide complete and accurate information or be completely effective.
Some advertising and technology partners may also collect Personal Information when you use the Services. For example, we may work with other companies, such as Google, who use tracking technologies to analyze how users use the Services and to serve advertisements on our behalf across the Internet. For more information about how data is collected and processed in connection with the Google Analytics service and how to opt out, visit https://tools.google.com/dlpage/gaoptout. To learn more about data Google collects and how your data may be used, and to optout of certain Google browser Interest-Based Advertising, please visit http://www.google.com/settings/ads.
Some third party Data Technology operators that may be associated with our Services may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit: http://www.aboutads.info/choices/ (U.S.), http://youradchoices.ca/choices (Canada), and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g. from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g. mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Honest Gains supports the ad industry’s Self-regulatory Principles for Online Behavioral Advertising and expects that ad networks we directly engage to serve you interest-based advertising will do so as well, though we cannot guaranty their compliance.
USE OF INFORMATION
We may use your information subject to this Privacy Policy, including information that is defined as personal information, personally identifiable information or personal data under applicable laws (“Personal Information”) except as restricted by applicable law, including without limitation for:
• Enhancing, personalizing and customizing user experiences, such as placing an order and other activities.
• Communicating with you about your purchase, account information or customer service.
• Analyzing user behavior and trends to better understand our customers and gain consumer insights.
• Providing and conducting marketing and promotions.
• Communicating with you about our products, services and events, and for other promotional purposes.
• Administering contests, promotions, events, surveys or other features.
• Displaying relevant marketing to you and other information about Honest Gains.
• Processing your registration, manage your account and/or upload your User Generated Content (“UGC”).
• Transacting with you.
• Improving the Service and for any other internal business purposes.
• Preventing and addressing fraud, breach of policies or terms, and threats or harm.
• Fulfilling other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so.
We only send you text communications or promotional e-mails if you have opted to receive Honest Gains e-mails and/or SMS messages. If you no longer want to receive SMS messages, or promotional emails, or want to delete/update your Personal Information, please visit the My Account page.
PROTECTION OF INFORMATION
Honest Gains uses technical and organizational measures designed to protect your Personal Information against unauthorized access, theft, and loss. While Honest Gains strives to protect its user's Personal Information and privacy, we cannot guarantee 100% the security or confidentiality of any information that you provide to us or that is otherwise disclosed by you online. We recommend that you take additional measures to protect yourself and your information, such as installing anti-virus software, closing browsers after use, keeping confidential your log-in credentials and passwords. We will retain your Personal Information for as long as your account is active or as needed to provide you services. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
CHILDRENS' PRIVACY
We do not knowingly collect or solicit Personal Information online from children under 13 and we do not intentionally or specifically target children under 13 in our marketing materials or other advertising.
SHARING INFORMATION
Subject to applicable law, this Privacy Policy and any representations made by us in writing at the time of collection, we may share your information except as restricted by applicable law. For instance, we may share your information, including Personal Information, with our affiliates and subsidiaries, as well as to our partners, vendors, distributors, and suppliers, some of which may be outside the United States. We may transfer your information to certain service providers in order to conduct our business operations. For example, we may share your information with service providers who may provide the following services on our behalf: web hosting, credit card processing, shipping and order fulfillment, data management, email distribution, marketing, market research, analytics, customer service, website utilization, information analysis, and promotions management. We may also share some of your account details (such as your name, email address, password and date of birth) with our cloud service providers for the purposes of identification and authentication, so you can conveniently access your account. We may also share your information as is necessary to complete a transaction or provide a product, service, or feature that you have requested. These service providers will only use your information for the purpose of carrying out the services provided to Honest Gains. We may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others' rights, property or safety. We may share information to prevent illegal uses of Honest Gains 's products and services or violations of the Terms & Conditions of the Services, or applicable additional terms, or to defend ourselves against third party claims. We may also share information with companies assisting in fraud protection or investigation.
Your information may be transferred to a third party as a part of our business assets in a sale of a part or all of Honest Gains, or in connection with a merger, financing or other corporate transaction.
You may also choose to share certain information publicly (e.g., when you post UGC) or with specific third parties (e.g., when you interact with third party Data Technologies or other services (e.g., social media plug-ins, links to other sites, etc.). When you use certain services, you agree to publicly share a basic amount of information, which may include your username, city location, and profile picture in accordance with the terms of those services. In order to participate in certain features, you may have to adjust your privacy settings and share additional information. You may also choose to share your activity on other platforms, such as Instagram, Facebook and Twitter. Please read the privacy policies of those platforms, because your Honest Gains activity published on those platforms will no longer be governed by this Privacy Policy.
DATA TRANSFER
Our digital operations are conducted, in whole or in part, in the United States and our services are intended for U.S. users. Regardless of where you live, you consent to have your information, including Personal Information, transferred, processed and stored in the United States, and other jurisdictions, and allow Honest Gains to collect and process your Personal Information in accordance with this Privacy Policy.
THIRD PARTIES
The Services may include or link to third-party websites, apps, locations, platforms, code (e.g., plug-ins, application programming interfaces (“API”), and software development kits (“SDKs”)) or other third-party services. These third-party services may use their own cookies, web beacons, and other Data Technologies to independently collect information about you and may solicit Personally Identifiable Information from you.
Certain functionalities on the Service permit interactions that you initiate between the Service and certain third-party services, such as third party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a third-party service; “liking” or “sharing” Honest Gains content; logging in to the Service using your third-party service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a third-party service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other third-party services, information you post or provide access to may be publicly displayed on the Service or by the third-party service that you use. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with Honest Gains in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Honest Gains. Also, both we and the third party may have access to certain information about you and your use of the Service and any third-party service.
We may engage and work with service providers and other third parties to serve advertisements on the Service and/or on other online services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, which may include use of precise location and/or cross-device data, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“interest-based advertising”), which may include sending you an ad on another online service after you have left the Service (i.e., “retargeting”). See Cookies for more information on your choices regarding certain interest-based advertising and Data Technologies.
Honest Gains is not responsible for, and makes no representations regarding, the policies or business practices of any third parties, including, without limitation, analytics service providers and third-party services associated with the Services. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.
YOUR RIGHTS
You may be entitled, in accordance with applicable law, to object to or request the restriction of processing of your Personal Information, and to request access to, deletion and portability of your own Personal Information by contacting us as described in the “Contact Us” section. We may require you to prove your identity if you request this information. For information regarding California privacy rights, see the Section entitled California Privacy Rights below.
OPT-OUT, DELETE OR MODIFY INFORMATION
You may cancel your account, or opt-out of receiving promotional e-mail messages from Honest Gains at any time. You can also modify or delete your account profile within certain Honest Gains services through your account.
To unsubscribe and stop receiving SMS text or commercial e-mail communications from Honest Gains, you can change your account settings or follow the instructions enclosed within the e-mail, text message, notification or other promotional message or communication.
Honest Gains may keep information and content in our backup files and archives as required or permitted by applicable law.
CONTACT US
If you have any questions or comments relating to our Services and/or the Privacy Policy, please email us at support@honestgains.pro or write to us:
TERMS OF USE
Your use of our products and services, and any disputes arising from them, is subject to this Privacy Policy as well as the Terms & Conditions of Services, and any applicable additional terms.
Please visit the Pixlee Terms of Use to view License Terms for use of Instagram Content on our Services and in advertising.
CALIFORNIA PRIVACY RIGHTS
California law provides consumers (that are California residents) with specific rights regarding their Personal Information. This California Privacy Rights Notice (“CA Notice”) provides additional notices to California consumers, describes their rights under California law and explains how to exercise those rights. In the event of a conflict between any other Honest Gains policy, statement or notice and this Notice, this Notice will prevail as to California consumers and their rights under the California law.
This Notice does not include Personal Information of our job applicants, current or prior employees or independent contracts (“personnel”) collected in connection with such status, Personal Information collected form our business contacts collected in such capacity or Personal Information exempt or excluded under the California Consumer Privacy Act (“CCPA”). Terms defined in the CCPA that are used in this Notice will have the meaning ascribed to them in the CCPA.
The description of our data practices in this Notice, as required by the CCPA, covers only the 12 months preceding the effective date of this Notice and will be updated at least annually. Our practices after the effective date may differ, however, if materially different from this Notice we will provide notice of the current practices, which may include reference to our general privacy policy or other applicable privacy notices, which will reflect current practices.
Right to Know (Access and Data Portability Rights)
You have the right to request that we disclose certain Personal Information to you about our collection and use of your Personal Information over the previous 12 months:
• The categories of Personal Information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose for collecting or “selling” that personal information.
• The categories of third parties with whom we share that personal information.
• Upon receipt of a verifiable consumer request, the specific pieces of Personal Information we collected about you (also called a data portability request).
Such a request will be subject to verification as explained below. However, the next sections describe our Personal Information practices generally.
Categories of Personal Information Honest Gains Has Collected in the Preceding 12 Months
(a) Categories of Personal Information We Collected About California Consumers:
• Identifiers such as name, physical address, unique personal identifier (such as pixels, cookies, web beacons), IP address, email address, phone number, customer number, account name, ID card information, phone call records, payment information or other similar identifiers;
• Personal records such as signature, credit or debit card information, financial information;
• Characteristics such as birthday, gender, sex, veteran or military status;
• Customer Accounts/Commercial information such as products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies;
• Online usage information such as Internet and other electronic network activity information including, but not limited to, browsing history, search history, information on a consumer’s interaction with our website, application, or advertisement, user-generated/submitted content;
• Geolocation data such as physical location;
• Audio/visual and similar information such as audio recordings of customer service calls, visual recordings of consumers in stores; and
• Inferences Derived From Personal Information/Profiling such as your purchase preferences, interests, characteristics, predispositions, behavior, attitudes.
There may be additional information that we collected that meets the definition of Personal Information under California law but is not reflected by a category, in which case we will treat it as Personal Information as required by California law, but will not include it when we are required to describe our practices by category of Personal Information.
As permitted by applicable law, we do not treat de-identified data or aggregate information as Personal Information and we reserve the right to convert or permit others to convert your Personal Information into de-identified or aggregate information. We have no obligation to re-identify such information or keep it longer than we need it for our own purposes.
(b) Categories of Sources of Personal Information that We Collected About California Consumers in the Preceding 12 Months:
• Directly from you. For example, when you create an account, make a purchase, browse our website, or use our app(s), interact with our third party social media pages or services, or apply for or accept an employment position with us.
• Honest Gains Affiliates. Other companies within the Honest Gains LLC.
• Honest Gains Customers. Your friends, family or other parties. For example, if you are the recipient of a gift card, we may collect Personal Information such as your name and email address.
• Online Activity. Directly and indirectly from activity on the Services, and third-party social media pages and other services. For example, see the types of collection in the “Automatically Collected Information” section above.
• Social Networks.
• Advertising Companies.
• Service Providers who provide services on our behalf such as those used to fulfill orders, process your payments and requests, verify your information, monitor activity in connection with our Services, provide analysis and analytics, maintain databases, administer and monitor e-mails and marketing, administer and send mobile messages, serve ads on this and other services, and provide consulting services.
• Third Parties such as data providers, operating systems and platforms.
• Government Entities and other public sources.
(c) Business or Commercial Purposes for Which We Collected or “Sold” Personal Information of California Consumers in the Preceding 12 Months are (1) performing services and providing products, (2) quality control or safety, (3) internal research, (4) auditing interactions, (5) debugging, (6) short-term transient use, and (7) security and fraud prevention. Additional business purposes include sharing PI with third parties for other than a “sale” or one of the foregoing business purposes as required or permitted by applicable law, such as to our vendors that perform services for us, to the government or private parties to comply with applicable law or legal process, and to the consumer or other parties at the consumer’s request, as well as for the additional purposes explained in our Privacy Policy or at the time of collection (“Other Business Purposes”). Example of our business purposes include, without limitation:
• Providing customer service, including responding to your requests or inquiries.
• Processing and completing your transactions including, as applicable, order confirmation, billing, enrollment in our loyalty or other programs, and delivering products or services.
• Personalizing your experience with the Website and our products or services with content and offers that are tailored to you.
• Delivering relevant advertisements to you.
• Providing you with newsletters, articles, product or service alerts, new product or service announcements, savings offers, event invitations, and other information.
• Including you in market research, surveys, promotions, sweepstakes, and contests.
• Improving the Services based on the experiences and purchasing decisions of our customers and improving the interactions visitors have with the Services, including counting ad impressions to unique visitors, verifying positioning and quality of ad impressions.
• Evaluating your shopping experience or our products and services or to create new products or services.
• Alerting you about a product safety announcement or recall or correction of an offer, promotion, or advertisement.
• Keeping a record of our interactions with you if you place an order or otherwise deal with our representatives over the telephone or online.
• Verifying and validating your identity or otherwise preventing, investigating, or providing notice of fraud, unlawful or criminal activity, or unauthorized access to or use of personal information, and the Website or data systems.
• Complying with our legal obligations including complying with law enforcement or governmental authority requests, participating in judicial proceedings, responding to requests from third parties based on their statutory rights against us (IP infringement, piracy, other unlawful activity) and investigating fraudulent activity.
• Processing and evaluating your application and related materials you submit as a job applicant.
• Interacting with you when you contact us as a vendor or on behalf of another business.
• Enabling you to interact with third parties (e.g., content service providers), whether by linking to their sites, viewing their content within our online environment, or by viewing our content within their online environment.
• Creating aggregated, pseudonymized, or deidentified information for analytical and statistical other purposes.
• For compliance purposes, including enforcing our Terms & Conditions of Services, other agreements and policies or other legal rights, or as may be required or permitted by applicable law or requested by any judicial process or governmental agency.
(d) Categories of Third Parties to Whom Personal Information was “Sold” or Disclosed in the Preceding 12 Months
While we do not sell (as “sell” is traditionally defined) your Personal Information to third parties, we do share information with third parties such as Advertising Companies for advertising purposes which may be considered a “sale” of “personal information” under California law.
We may share PI with our service providers, other vendors (including those that facilitate interest-based and other advertising and marketing), affiliates, and/or third parties to which we “sell” your Personal Information including without limitation, the following Categories of Personal Information and the Categories of Recipients in the preceding 12 months:
Identifiers
Business Purpose Disclosure: Service providers for services related to payment processing, data accuracy, fraud detection and security, order processing and management, logistics, shipping, customer relationship management, web and mobile development, email marketing and advertising
Sale: Marketing and Advertising providers
Customer Account Details / Commercial Information
Business Purpose Disclosure: Service providers for services related to order processing and management, logistics, shipping, customer relationship management, email marketing and advertising
Sale: Marketing and Advertising providers
Online Usage Information
Business Purpose Disclosure: Service providers for services related to order processing and management, logistics, shipping, customer relationship management, email marketing and advertising
Sale: Marketing and Advertising providers
Geolocation Data
Business Purpose Disclosure: Service providers for services related to order processing and management, logistics, shipping, customer relationship management, email marketing and advertising
Sale: Marketing and Advertising providers
Inferences Derived From Personal Information/Profiling
Business Purpose Disclosure: Service providers for services related to web and mobile development and site personalization, email marketing and advertising
Sale: None
For more information on how to exercise your do not sell rights, click Do Not Sell My Personal Information or see the Do Not Sell subsection of this Notice below.
Right to Deletion
If you are a consumer who resides in California you have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, as explained below, we will delete (and direct our service providers to delete) your personal Information, unless an exception applies. If an exception applies, we will inform you of that and limit retention and use to the permitted purpose.
Right to Opt Out of Sale
If you are a customer who resides in California, you also have the right to opt out of the “sale” of your Personal Information. While we do not sell (as “sell” is traditionally defined) youpr Personal Information to third parties, we do share information with third parties for advertising purposes which may be considered a “sale” of “personal information” under California law. California residents may opt out of the “sale” of personal information by submitting a Do Not Sell My Personal Information request. Please note that for multiple browsers and devices, you must opt out on each browser or device, and if you delete your browser cookies you must opt out again. We do not knowingly sell Personal Information of consumers under the age of 16.
Exercising Right to Know (Access and Portability) Do Not Sell and Deletion Rights
To exercise the right to know (access and portability), do not sell and/or deletion rights described above, please submit a verifiable consumer request to us by:
• Emailing us at support@honestgains.pro
You may also obtain information on how to make, and may submit, a request by asking a manager at any of our California retail locations.
To protect your privacy and comply with the CCPA, we will need to verify your request (i.e., verify you). The verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information, and in the cases more sensitive or important Personal Information we require that be done to a high degree of certainty. We do this in a number of ways depending upon how we have interacted with you in the past, as more fully described in the next section. For security purposes, we will not collect sensitive Personal Information as part of the verification process. We use Personal Information you provide during verification for other purposes other than to keep a record of your request.
• Describe your request with enough detail that allows us to properly understand, evaluate, and respond to it.
Verifying and Fulfilling Requests
We may not be able to fully respond to your right to know or deletion requests if we cannot verify your identity consistent with the CCPA’s standards for verification and security and confirm that the Personal Information relates to you. Once we receive your request, we are required to verify that you are the person that is the subject of the request, or an authorized agent property acting on behalf of a specific consumer. How we do this will depend on the content of the consumer relationship with us and the sensitivity of the Personal Information. Typically this consists of matching identifying information provided by you with the information we have about you in our records. Upon making a request, you will be asked to provide your name, e-mail address, shipping address and telephone number. Providing accurate information that matches our records is necessary so that we can locate the correct information within our systems and among our service providers. To verify your request, we may ask you to submit evidence beyond your basic personal information in order to prove your identity, especially if you seek to delete Personal Information or obtain copies of it. You may submit this information simultaneously with your initial request (by mail or by using our interactive web form) or after your request (as a second step). For requests of specific pieces of sensitive personal information about a consumer, we will verify your identity to a reasonably high degree of certainty; whereas for requests to know the categories of personal information collected and used about a consumer, we will verify your identity to a reasonable degree of certainty. We may give you options, such as (i) submitting a signed statement and a redacted copy of identifying information (such as a government-issued ID), or (ii) verifying your identity with a third party verification company that we hire for this purpose. If we ask you to verify your identity, you must promptly cooperate with our efforts so that we can fulfill your request. If you do not comply, your request cannot be fulfilled; and if you delay in complying, the fulfillment of your request is likely to be delayed, and may be denied, as a result. If we cannot verify your identity, we will not be able to fully respond to your request. However, if we cannot verify you sufficiently to provide specific pieces, we will treat the request as a categories request, and if we cannot reasonably verify you for that, we will refer you to this Notice for our general practices. If we cannot sufficiently verify you as necessary for a deletion request, we will give you the opportunity to opt-out of sale.
If you are a California resident, we will make commercially reasonable efforts to accommodate your request within 45 days. We may, however, extend the timeframe to total of 90 days, if an extension is reasonably necessary. We reserve the right to deny any request, in whole or in part, to the extent permitted by applicable law, but will explain the basis for that in our response to you. We will fulfill a right to know request from an individual up to two times in any twelve-month period. As permitted by CCPA, if a request is unduly burdensome or unfounded, we may reject it or condition further efforts on payment of reasonable costs. If we determine that the request warrants a fee, or that we may refuse it, we will give you notice explaining why we made that decision. You will be provided a cost estimate and the opportunity to accept such fees before we will charge you for responding to your request. Some Personal Information we maintain about consumers is not sufficiently associated with enough Personal Information about the consumer for us to be able to verify that it is a particular consumer’s Personal Information when a consumer request that requires verification pursuant to the CCPA’s verification standards is made (e.g., clickstream data tied only to a pseudonymous browser ID). Accordingly, we do not include that PI in response to those requests.
Consistent with the CCPA and our interest in the security of your Personal Information, we will not deliver to you your driver’s license number or other government-issued id number, financial account number, any health or medical identification number, an account password, security questions or answers, or unique biometric data generated from measurements or technical analysis of human characteristics in response to a CCPA request; however, you may be able to access some of this information yourself through your account if you have an active account with us.
Right to Nondiscrimination
You have the right to not receive discriminatory treatment for the exercise of the foregoing rights under California law, unless the differential treatment is reasonably related to the value of the applicable Personal Information.
Financial Incentives
We offer various financial incentives that might qualify as a “financial incentive” program under the CCPA. For example, we may provide discounts, coupons and other benefits for customers who sign up to receive our marketing emails or join our loyalty program. When you participate in a financial incentive, we may collect Personal Information from you, such as identifiers such as your name and email address and commercial information such as your purchase history. Participation in financial incentive program is optional for California consumers and any terms and conditions will be made available at the point of opt-in. You can opt into a financial incentive by following the sign-up or participation instructions provided, and you have the ability to opt-out of the financial incentive, or our subsequent use of your Personal Information in connection with a financial incentive, at any time by contacting us as set out above, or as otherwise described in program terms, or by making a deletion request. We equate the value of Personal Information collected in connection with a financial incentive program to our cost of operating the program (excluding the value of the benefits provided, many of which are intangible and vary from time-to-time and person-to-person), and deem the value of the benefits as reasonably related to the value of Personal Information collected based on the voluntary nature of program participation. If you do not believe that the value you receive is reasonably related to the value of your applicable Personal Information, do not participate.
Requests from Authorized Agents
California law permits an authorized agent to exercise any of the above California privacy rights on an individual’s behalf, subject to certain requirements. If you submit a request, other than opt-out of sale, on behalf of a consumer other than yourself, you will be required to demonstrate your legal authority to act on behalf of that person, and we may contact you and/or the consumer for verification purposes as permitted by the CCPA. As permitted by CCPA, we may require that you provide information necessary to verify the identity of the person who is the subject of the request, or that such person verify his/her own identity directly with us before we fully respond to your request as an authorized agent. We reserve the right to deny requests, including an opt-out of sale request, where we reasonably suspect that the request is fraudulent. For the protection of our customers, we must receive all information requested and must verify an agent’s legal authority to our satisfaction consistent with what the CCPA requires or permits before we can fulfill a request by an authorized agent.
ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS
California Do Not Track Notice
California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently is no industry or legal standard for recognizing or honoring DNT signals, we don't respond to them at this time.
California’s Shine the Light law
If you are a California resident, you are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of Personal Information to third parties for their own direct marketing purposes in the preceding calendar year. To request the above information, please Contact Us and identify yourself as a California consumer making a “Shine the Light” request. Please note that we currently do not share any personal information with third parties for their direct marketing purposes as such terms are defined in the California Consumer.
California Minor Eraser
Additionally, if you are a registered user under the age of 18 and a resident of California, you may request removal of content you have posted to our online services. Requests can be made by Contacting Us. Please note that making such requests does not ensure complete or comprehensive removal of the content. For example, we may retain the information for our own internal records, and it is also possible that a third party we do not own or control may copy the posting and repost it elsewhere.
NEVADA PRIVACY RIGHTS
If you are a resident of Nevada, you have the right to opt out of sales of your personal information. Although we currently do not sell personal information as defined by Nevada law (Nevada Revised Statutes, Chapter 603A, Section 1.6), you can submit an opt-out request to us at support@honestgains.pro identifying yourself and your Nevada residency status and requesting to exercise you Nevada opt-out of sale rights. We have the right and obligation to verify you. Subject to verification, we will fulfill your request within 60 days; however, we may extend the timeframe by up to 30 additional days, if an extension is reasonably necessary.
COOKIES AND DATA TECHNOLOGIES
We, our service providers and third parties may use cookies and other Data Technologies, including but not limited to tracking pixels, to gather information about your visits on our website, mobile apps and other Services so we can enhance your experience. This information may be combined with other information, which will enable us to analyze and better customize your visits.
What Are Cookies? Cookies are data files stored within your browser when you interact with a website. These data files allow the website to recall important information about your visit, help better understand your preferences and improve your overall experience. For example, we use cookies to save products in your shopping cart while you browse our websites and to track the effectiveness of our marketing and advertising campaigns. Similarly, a tracking pixel or web beacon is a technology that can recognize specific cookies and convey information about that browser. We, and third parties, may also use technologies, such as our own and third party cookies, to provide you with personalized online display advertising tailored to your interests.
There are generally three categories of cookies used on the Services:
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Functional: These cookies are required for basic functionality and are therefore always enabled. If you disable them our Services may not function properly. These include cookies that allow you to be remembered as you explore and use our Services within a single session or, if you request, from session to session. They help make the shopping cart and checkout process possible as well as assist in security issues and conforming to regulations.
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Performance and Analytics: These cookies allow us to improve the Services' functionality by tracking usage. In some cases, these cookies improve the speed with which we can process your request and allow us to remember Services preferences you have selected. These cookies also help us learn things like what pages are most attractive to all of our visitors and what promotions visitors like to see, and to gauge the success of our advertising campaigns. Refusing these cookies will limit recommendations and customizations while using the Services.
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Social media and Advertising: Social media cookies offer the possibility to connect you to your social networks and share content from the Services through social media. Advertising cookies collect information to help better tailor advertising to your interests. In some cases, these cookies involve the processing of your Personal Information. Refusing these cookies may result in seeing advertising that is not as relevant to you or you not being able to link effectively with Facebook, Twitter, or other social networks and/or not allowing you to share content on social media.
Your browser can also help you manage cookies. Most, but not all, browsers accept cookies automatically. You may be able to set your browser to reject and/or delete cookies. You may limit or turn off cookies and other collection tools by adjusting your browner settings. If you turn off certain collection tools, you may not have access to many features that make your experience more efficient and some of our services and features may not function properly. We recommend that you leave cookies “turned on” so we can offer you a better shopping experience on our sites.
Some information about your use of the Services and certain other online services may be collected using Data Technologies across time and services and used by Honest Gains and third parties for purposes such as to associate different devices you use and deliver relevant ads and/or other content to you on the Service and certain other online services. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, Honest Gains currently does not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but we are not responsible for the completeness or accuracy of this third party information. Some third parties may, however, offer you choices regarding their Tracking Technologies. Honest Gains is not responsible for the completeness or accuracy of this tool or third-party notices or mechanisms. For specific information on some of the choice options offered by third party analytics and advertising providers, see below. We may, from time-to-time, and in certain jurisdictions, offer or point you to tools that allow you to exercise certain preferences regarding cookies and other Data Technologies associated with the Services, but such tools rely on third parties and third party information so we do not guaranty that the tools will provide complete and accurate information or be completely effective.
Some advertising and technology partners may also collect Personal Information when you use the Services. For example, we may work with other companies, such as Google, who use tracking technologies to analyze how users use the Services and to serve advertisements on our behalf across the Internet. For more information about how data is collected and processed in connection with the Google Analytics service and how to opt out, visit https://tools.google.com/dlpage/gaoptout. To learn more about data Google collects and how your data may be used, and to optout of certain Google browser Interest-Based Advertising, please visit http://www.google.com/settings/ads.
Some third party Data Technology operators that may be associated with our Services may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit: http://www.aboutads.info/choices/ (U.S.), http://youradchoices.ca/choices (Canada), and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g. from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g. mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Honest Gains supports the ad industry’s Self-regulatory Principles for Online Behavioral Advertising and expects that ad networks we directly engage to serve you interest-based advertising will do so as well, though we cannot guaranty their compliance.
USE OF INFORMATION
We may use your information subject to this Privacy Policy, including information that is defined as personal information, personally identifiable information or personal data under applicable laws (“Personal Information”) except as restricted by applicable law, including without limitation for:
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Enhancing, personalizing and customizing user experiences, such as placing an order and other activities.
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Communicating with you about your purchase, account information or customer service.
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Analyzing user behavior and trends to better understand our customers and gain consumer insights.
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Providing and conducting marketing and promotions.
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Communicating with you about our products, services and events, and for other promotional purposes.
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Administering contests, promotions, events, surveys or other features.
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Displaying relevant marketing to you and other information about Honest Gains.
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Processing your registration, manage your account and/or upload your User Generated Content (“UGC”).
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Transacting with you.
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Improving the Service and for any other internal business purposes.
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Preventing and addressing fraud, breach of policies or terms, and threats or harm.
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Fulfilling other purposes disclosed at the time you provide Personal Information or otherwise where we are legally permitted or are required to do so.
We only send you text communications or promotional e-mails if you have opted to receive Honest Gains e-mails and/or SMS messages. If you no longer want to receive SMS messages, or promotional emails, or want to delete/update your Personal Information, please visit the My Account page.
PROTECTION OF INFORMATION
Honest Gains uses technical and organizational measures designed to protect your Personal Information against unauthorized access, theft, and loss. While Honest Gains strives to protect its user's Personal Information and privacy, we cannot guarantee 100% the security or confidentiality of any information that you provide to us or that is otherwise disclosed by you online. We recommend that you take additional measures to protect yourself and your information, such as installing anti-virus software, closing browsers after use, keeping confidential your log-in credentials and passwords. We will retain your Personal Information for as long as your account is active or as needed to provide you services. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
CHILDRENS' PRIVACY
We do not knowingly collect or solicit Personal Information online from children under 13 and we do not intentionally or specifically target children under 13 in our marketing materials or other advertising.
SHARING INFORMATION
Subject to applicable law, this Privacy Policy and any representations made by us in writing at the time of collection, we may share your information except as restricted by applicable law. For instance, we may share your information, including Personal Information, with our affiliates and subsidiaries, as well as to our partners, vendors, distributors, and suppliers, some of which may be outside the United States. We may transfer your information to certain service providers in order to conduct our business operations. For example, we may share your information with service providers who may provide the following services on our behalf: web hosting, credit card processing, shipping and order fulfillment, data management, email distribution, marketing, market research, analytics, customer service, website utilization, information analysis, and promotions management. We may also share some of your account details (such as your name, email address, password and date of birth) with our cloud service providers for the purposes of identification and authentication, so you can conveniently access your account. We may also share your information as is necessary to complete a transaction or provide a product, service, or feature that you have requested. These service providers will only use your information for the purpose of carrying out the services provided to Honest Gains. We may disclose information upon governmental request, in response to a court order, when required by law, to enforce our policies, or to protect our or others' rights, property or safety. We may share information to prevent illegal uses of Honest Gains 's products and services or violations of the Terms & Conditions of the Services, or applicable additional terms, or to defend ourselves against third party claims. We may also share information with companies assisting in fraud protection or investigation.
Your information may be transferred to a third party as a part of our business assets in a sale of a part or all of Honest Gains, or in connection with a merger, financing or other corporate transaction.
You may also choose to share certain information publicly (e.g., when you post UGC) or with specific third parties (e.g., when you interact with third party Data Technologies or other services (e.g., social media plug-ins, links to other sites, etc.). When you use certain services, you agree to publicly share a basic amount of information, which may include your username, city location, and profile picture in accordance with the terms of those services. In order to participate in certain features, you may have to adjust your privacy settings and share additional information. You may also choose to share your activity on other platforms, such as Instagram, Facebook and Twitter. Please read the privacy policies of those platforms, because your Honest Gains activity published on those platforms will no longer be governed by this Privacy Policy.
DATA TRANSFER
Our digital operations are conducted, in whole or in part, in the United States and our services are intended for U.S. users. Regardless of where you live, you consent to have your information, including Personal Information, transferred, processed and stored in the United States, and other jurisdictions, and allow Honest Gains to collect and process your Personal Information in accordance with this Privacy Policy.
THIRD PARTIES
The Services may include or link to third-party websites, apps, locations, platforms, code (e.g., plug-ins, application programming interfaces (“API”), and software development kits (“SDKs”)) or other third-party services. These third-party services may use their own cookies, web beacons, and other Data Technologies to independently collect information about you and may solicit Personally Identifiable Information from you.
Certain functionalities on the Service permit interactions that you initiate between the Service and certain third-party services, such as third party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a third-party service; “liking” or “sharing” Honest Gains content; logging in to the Service using your third-party service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a third-party service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other third-party services, information you post or provide access to may be publicly displayed on the Service or by the third-party service that you use. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with Honest Gains in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Honest Gains. Also, both we and the third party may have access to certain information about you and your use of the Service and any third-party service.
We may engage and work with service providers and other third parties to serve advertisements on the Service and/or on other online services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, which may include use of precise location and/or cross-device data, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“interest-based advertising”), which may include sending you an ad on another online service after you have left the Service (i.e., “retargeting”). See Cookies for more information on your choices regarding certain interest-based advertising and Data Technologies.
Honest Gains is not responsible for, and makes no representations regarding, the policies or business practices of any third parties, including, without limitation, analytics service providers and third-party services associated with the Services. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.
YOUR RIGHTS
You may be entitled, in accordance with applicable law, to object to or request the restriction of processing of your Personal Information, and to request access to, deletion and portability of your own Personal Information by contacting us as described in the “Contact Us” section. We may require you to prove your identity if you request this information. For information regarding California privacy rights, see the Section entitled California Privacy Rights below.
OPT-OUT, DELETE OR MODIFY INFORMATION
You may cancel your account, or opt-out of receiving promotional e-mail messages from Honest Gains at any time. You can also modify or delete your account profile within certain Honest Gains services through your account.
To unsubscribe and stop receiving SMS text or commercial e-mail communications from Honest Gains, you can change your account settings or follow the instructions enclosed within the e-mail, text message, notification or other promotional message or communication.
Honest Gains may keep information and content in our backup files and archives as required or permitted by applicable law.
CONTACT US
If you have any questions or comments relating to our Services and/or the Privacy Policy, please email us at support@honestgains.pro or write to us:
TERMS OF USE
Your use of our products and services, and any disputes arising from them, is subject to this Privacy Policy as well as the Terms & Conditions of Services, and any applicable additional terms.
Please visit the Pixlee Terms of Use to view License Terms for use of Instagram Content on our Services and in advertising.
CALIFORNIA PRIVACY RIGHTS
California law provides consumers (that are California residents) with specific rights regarding their Personal Information. This California Privacy Rights Notice (“CA Notice”) provides additional notices to California consumers, describes their rights under California law and explains how to exercise those rights. In the event of a conflict between any other Honest Gains policy, statement or notice and this Notice, this Notice will prevail as to California consumers and their rights under the California law.
This Notice does not include Personal Information of our job applicants, current or prior employees or independent contracts (“personnel”) collected in connection with such status, Personal Information collected form our business contacts collected in such capacity or Personal Information exempt or excluded under the California Consumer Privacy Act (“CCPA”). Terms defined in the CCPA that are used in this Notice will have the meaning ascribed to them in the CCPA.
The description of our data practices in this Notice, as required by the CCPA, covers only the 12 months preceding the effective date of this Notice and will be updated at least annually. Our practices after the effective date may differ, however, if materially different from this Notice we will provide notice of the current practices, which may include reference to our general privacy policy or other applicable privacy notices, which will reflect current practices.
Right to Know (Access and Data Portability Rights)
You have the right to request that we disclose certain Personal Information to you about our collection and use of your Personal Information over the previous 12 months:
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The categories of Personal Information we collected about you.
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The categories of sources for the Personal Information we collected about you.
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Our business or commercial purpose for collecting or “selling” that personal information.
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The categories of third parties with whom we share that personal information.
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Upon receipt of a verifiable consumer request, the specific pieces of Personal Information we collected about you (also called a data portability request).
Such a request will be subject to verification as explained below. However, the next sections describe our Personal Information practices generally.
Categories of Personal Information Honest Gains Has Collected in the Preceding 12 Months
(a) Categories of Personal Information We Collected About California Consumers:
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Identifiers such as name, physical address, unique personal identifier (such as pixels, cookies, web beacons), IP address, email address, phone number, customer number, account name, ID card information, phone call records, payment information or other similar identifiers;
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Personal records such as signature, credit or debit card information, financial information;
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Characteristics such as birthday, gender, sex, veteran or military status;
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Customer Accounts/Commercial information such as products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies;
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Online usage information such as Internet and other electronic network activity information including, but not limited to, browsing history, search history, information on a consumer’s interaction with our website, application, or advertisement, user-generated/submitted content;
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Geolocation data such as physical location;
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Audio/visual and similar information such as audio recordings of customer service calls, visual recordings of consumers in stores; and
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Inferences Derived From Personal Information/Profiling such as your purchase preferences, interests, characteristics, predispositions, behavior, attitudes.
There may be additional information that we collected that meets the definition of Personal Information under California law but is not reflected by a category, in which case we will treat it as Personal Information as required by California law, but will not include it when we are required to describe our practices by category of Personal Information.
As permitted by applicable law, we do not treat de-identified data or aggregate information as Personal Information and we reserve the right to convert or permit others to convert your Personal Information into de-identified or aggregate information. We have no obligation to re-identify such information or keep it longer than we need it for our own purposes.
(b) Categories of Sources of Personal Information that We Collected About California Consumers in the Preceding 12 Months:
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Directly from you. For example, when you create an account, make a purchase, browse our website, or use our app(s), interact with our third party social media pages or services, or apply for or accept an employment position with us.
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Honest Gains Affiliates. Other companies within the Honest Gains LLC.
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Honest Gains Customers. Your friends, family or other parties. For example, if you are the recipient of a gift card, we may collect Personal Information such as your name and email address.
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Online Activity. Directly and indirectly from activity on the Services, and third-party social media pages and other services. For example, see the types of collection in the “Automatically Collected Information” section above.
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Social Networks.
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Advertising Companies.
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Service Providers who provide services on our behalf such as those used to fulfill orders, process your payments and requests, verify your information, monitor activity in connection with our Services, provide analysis and analytics, maintain databases, administer and monitor e-mails and marketing, administer and send mobile messages, serve ads on this and other services, and provide consulting services.
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Third Parties such as data providers, operating systems and platforms.
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Government Entities and other public sources.
(c) Business or Commercial Purposes for Which We Collected or “Sold” Personal Information of California Consumers in the Preceding 12 Months are (1) performing services and providing products, (2) quality control or safety, (3) internal research, (4) auditing interactions, (5) debugging, (6) short-term transient use, and (7) security and fraud prevention. Additional business purposes include sharing PI with third parties for other than a “sale” or one of the foregoing business purposes as required or permitted by applicable law, such as to our vendors that perform services for us, to the government or private parties to comply with applicable law or legal process, and to the consumer or other parties at the consumer’s request, as well as for the additional purposes explained in our Privacy Policy or at the time of collection (“Other Business Purposes”). Example of our business purposes include, without limitation:
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Providing customer service, including responding to your requests or inquiries.
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Processing and completing your transactions including, as applicable, order confirmation, billing, enrollment in our loyalty or other programs, and delivering products or services.
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Personalizing your experience with the Website and our products or services with content and offers that are tailored to you.
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Delivering relevant advertisements to you.
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Providing you with newsletters, articles, product or service alerts, new product or service announcements, savings offers, event invitations, and other information.
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Including you in market research, surveys, promotions, sweepstakes, and contests.
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Improving the Services based on the experiences and purchasing decisions of our customers and improving the interactions visitors have with the Services, including counting ad impressions to unique visitors, verifying positioning and quality of ad impressions.
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Evaluating your shopping experience or our products and services or to create new products or services.
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Alerting you about a product safety announcement or recall or correction of an offer, promotion, or advertisement.
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Keeping a record of our interactions with you if you place an order or otherwise deal with our representatives over the telephone or online.
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Verifying and validating your identity or otherwise preventing, investigating, or providing notice of fraud, unlawful or criminal activity, or unauthorized access to or use of personal information, and the Website or data systems.
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Complying with our legal obligations including complying with law enforcement or governmental authority requests, participating in judicial proceedings, responding to requests from third parties based on their statutory rights against us (IP infringement, piracy, other unlawful activity) and investigating fraudulent activity.
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Processing and evaluating your application and related materials you submit as a job applicant.
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Interacting with you when you contact us as a vendor or on behalf of another business.
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Enabling you to interact with third parties (e.g., content service providers), whether by linking to their sites, viewing their content within our online environment, or by viewing our content within their online environment.
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Creating aggregated, pseudonymized, or deidentified information for analytical and statistical other purposes.
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For compliance purposes, including enforcing our Terms & Conditions of Services, other agreements and policies or other legal rights, or as may be required or permitted by applicable law or requested by any judicial process or governmental agency.
(d) Categories of Third Parties to Whom Personal Information was “Sold” or Disclosed in the Preceding 12 Months
While we do not sell (as “sell” is traditionally defined) your Personal Information to third parties, we do share information with third parties such as Advertising Companies for advertising purposes which may be considered a “sale” of “personal information” under California law.
We may share PI with our service providers, other vendors (including those that facilitate interest-based and other advertising and marketing), affiliates, and/or third parties to which we “sell” your Personal Information including without limitation, the following Categories of Personal Information and the Categories of Recipients in the preceding 12 months:
Identifiers
Business Purpose Disclosure: Service providers for services related to payment processing, data accuracy, fraud detection and security, order processing and management, logistics, shipping, customer relationship management, web and mobile development, email marketing and advertising
Sale: Marketing and Advertising providers
Customer Account Details / Commercial Information
Business Purpose Disclosure: Service providers for services related to order processing and management, logistics, shipping, customer relationship management, email marketing and advertising
Sale: Marketing and Advertising providers
Online Usage Information
Business Purpose Disclosure: Service providers for services related to order processing and management, logistics, shipping, customer relationship management, email marketing and advertising
Sale: Marketing and Advertising providers
Geolocation Data
Business Purpose Disclosure: Service providers for services related to order processing and management, logistics, shipping, customer relationship management, email marketing and advertising
Sale: Marketing and Advertising providers
Inferences Derived From Personal Information/Profiling
Business Purpose Disclosure: Service providers for services related to web and mobile development and site personalization, email marketing and advertising
Sale: None
For more information on how to exercise your do not sell rights, click Do Not Sell My Personal Information or see the Do Not Sell subsection of this Notice below.
Right to Deletion
If you are a consumer who resides in California you have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, as explained below, we will delete (and direct our service providers to delete) your personal Information, unless an exception applies. If an exception applies, we will inform you of that and limit retention and use to the permitted purpose.
Right to Opt Out of Sale
If you are a customer who resides in California, you also have the right to opt out of the “sale” of your Personal Information. While we do not sell (as “sell” is traditionally defined) youpr Personal Information to third parties, we do share information with third parties for advertising purposes which may be considered a “sale” of “personal information” under California law. California residents may opt out of the “sale” of personal information by submitting a Do Not Sell My Personal Information request. Please note that for multiple browsers and devices, you must opt out on each browser or device, and if you delete your browser cookies you must opt out again. We do not knowingly sell Personal Information of consumers under the age of 16.
Exercising Right to Know (Access and Portability) Do Not Sell and Deletion Rights
To exercise the right to know (access and portability), do not sell and/or deletion rights described above, please submit a verifiable consumer request to us by:
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Emailing us at support@honestgains.pro
You may also obtain information on how to make, and may submit, a request by asking a manager at any of our California retail locations.
To protect your privacy and comply with the CCPA, we will need to verify your request (i.e., verify you). The verifiable consumer request must:
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Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information, and in the cases more sensitive or important Personal Information we require that be done to a high degree of certainty. We do this in a number of ways depending upon how we have interacted with you in the past, as more fully described in the next section. For security purposes, we will not collect sensitive Personal Information as part of the verification process. We use Personal Information you provide during verification for other purposes other than to keep a record of your request.
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Describe your request with enough detail that allows us to properly understand, evaluate, and respond to it.
Verifying and Fulfilling Requests
We may not be able to fully respond to your right to know or deletion requests if we cannot verify your identity consistent with the CCPA’s standards for verification and security and confirm that the Personal Information relates to you. Once we receive your request, we are required to verify that you are the person that is the subject of the request, or an authorized agent property acting on behalf of a specific consumer. How we do this will depend on the content of the consumer relationship with us and the sensitivity of the Personal Information. Typically this consists of matching identifying information provided by you with the information we have about you in our records. Upon making a request, you will be asked to provide your name, e-mail address, shipping address and telephone number. Providing accurate information that matches our records is necessary so that we can locate the correct information within our systems and among our service providers. To verify your request, we may ask you to submit evidence beyond your basic personal information in order to prove your identity, especially if you seek to delete Personal Information or obtain copies of it. You may submit this information simultaneously with your initial request (by mail or by using our interactive web form) or after your request (as a second step). For requests of specific pieces of sensitive personal information about a consumer, we will verify your identity to a reasonably high degree of certainty; whereas for requests to know the categories of personal information collected and used about a consumer, we will verify your identity to a reasonable degree of certainty. We may give you options, such as (i) submitting a signed statement and a redacted copy of identifying information (such as a government-issued ID), or (ii) verifying your identity with a third party verification company that we hire for this purpose. If we ask you to verify your identity, you must promptly cooperate with our efforts so that we can fulfill your request. If you do not comply, your request cannot be fulfilled; and if you delay in complying, the fulfillment of your request is likely to be delayed, and may be denied, as a result. If we cannot verify your identity, we will not be able to fully respond to your request. However, if we cannot verify you sufficiently to provide specific pieces, we will treat the request as a categories request, and if we cannot reasonably verify you for that, we will refer you to this Notice for our general practices. If we cannot sufficiently verify you as necessary for a deletion request, we will give you the opportunity to opt-out of sale.
If you are a California resident, we will make commercially reasonable efforts to accommodate your request within 45 days. We may, however, extend the timeframe to total of 90 days, if an extension is reasonably necessary. We reserve the right to deny any request, in whole or in part, to the extent permitted by applicable law, but will explain the basis for that in our response to you. We will fulfill a right to know request from an individual up to two times in any twelve-month period. As permitted by CCPA, if a request is unduly burdensome or unfounded, we may reject it or condition further efforts on payment of reasonable costs. If we determine that the request warrants a fee, or that we may refuse it, we will give you notice explaining why we made that decision. You will be provided a cost estimate and the opportunity to accept such fees before we will charge you for responding to your request. Some Personal Information we maintain about consumers is not sufficiently associated with enough Personal Information about the consumer for us to be able to verify that it is a particular consumer’s Personal Information when a consumer request that requires verification pursuant to the CCPA’s verification standards is made (e.g., clickstream data tied only to a pseudonymous browser ID). Accordingly, we do not include that PI in response to those requests.
Consistent with the CCPA and our interest in the security of your Personal Information, we will not deliver to you your driver’s license number or other government-issued id number, financial account number, any health or medical identification number, an account password, security questions or answers, or unique biometric data generated from measurements or technical analysis of human characteristics in response to a CCPA request; however, you may be able to access some of this information yourself through your account if you have an active account with us.
Right to Nondiscrimination
You have the right to not receive discriminatory treatment for the exercise of the foregoing rights under California law, unless the differential treatment is reasonably related to the value of the applicable Personal Information.
Financial Incentives
We offer various financial incentives that might qualify as a “financial incentive” program under the CCPA. For example, we may provide discounts, coupons and other benefits for customers who sign up to receive our marketing emails or join our loyalty program. When you participate in a financial incentive, we may collect Personal Information from you, such as identifiers such as your name and email address and commercial information such as your purchase history. Participation in financial incentive program is optional for California consumers and any terms and conditions will be made available at the point of opt-in. You can opt into a financial incentive by following the sign-up or participation instructions provided, and you have the ability to opt-out of the financial incentive, or our subsequent use of your Personal Information in connection with a financial incentive, at any time by contacting us as set out above, or as otherwise described in program terms, or by making a deletion request. We equate the value of Personal Information collected in connection with a financial incentive program to our cost of operating the program (excluding the value of the benefits provided, many of which are intangible and vary from time-to-time and person-to-person), and deem the value of the benefits as reasonably related to the value of Personal Information collected based on the voluntary nature of program participation. If you do not believe that the value you receive is reasonably related to the value of your applicable Personal Information, do not participate.
Requests from Authorized Agents
California law permits an authorized agent to exercise any of the above California privacy rights on an individual’s behalf, subject to certain requirements. If you submit a request, other than opt-out of sale, on behalf of a consumer other than yourself, you will be required to demonstrate your legal authority to act on behalf of that person, and we may contact you and/or the consumer for verification purposes as permitted by the CCPA. As permitted by CCPA, we may require that you provide information necessary to verify the identity of the person who is the subject of the request, or that such person verify his/her own identity directly with us before we fully respond to your request as an authorized agent. We reserve the right to deny requests, including an opt-out of sale request, where we reasonably suspect that the request is fraudulent. For the protection of our customers, we must receive all information requested and must verify an agent’s legal authority to our satisfaction consistent with what the CCPA requires or permits before we can fulfill a request by an authorized agent.
ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS
California Do Not Track Notice
California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently is no industry or legal standard for recognizing or honoring DNT signals, we don't respond to them at this time.
California’s Shine the Light law
If you are a California resident, you are entitled once a year, free of charge, to request and obtain certain information regarding our disclosure, if any, of certain categories of Personal Information to third parties for their own direct marketing purposes in the preceding calendar year. To request the above information, please Contact Us and identify yourself as a California consumer making a “Shine the Light” request. Please note that we currently do not share any personal information with third parties for their direct marketing purposes as such terms are defined in the California Consumer.
California Minor Eraser
Additionally, if you are a registered user under the age of 18 and a resident of California, you may request removal of content you have posted to our online services. Requests can be made by Contacting Us. Please note that making such requests does not ensure complete or comprehensive removal of the content. For example, we may retain the information for our own internal records, and it is also possible that a third party we do not own or control may copy the posting and repost it elsewhere.
NEVADA PRIVACY RIGHTS
If you are a resident of Nevada, you have the right to opt out of sales of your personal information. Although we currently do not sell personal information as defined by Nevada law (Nevada Revised Statutes, Chapter 603A, Section 1.6), you can submit an opt-out request to us at support@honestgains.pro identifying yourself and your Nevada residency status and requesting to exercise you Nevada opt-out of sale rights. We have the right and obligation to verify you. Subject to verification, we will fulfill your request within 60 days; however, we may extend the timeframe by up to 30 additional days, if an extension is reasonably necessary.