Privacy Policy

Last Updated: January 7, 2023

Avoidance of Site Entry. If you do not want to enter this Site and subject yourself to this Privacy Policy by so entering, but require some other form of assistance regarding this Site, you can contact us at:  Name Brands, Inc.,  PO Box 30, Daytona Beach, FL 32115-0030.

Who We are.

We are Name Brands, Inc, PO Box 30, Daytona Beach, FL 32115-0030, including all of our applicable affiliates, subsidiaries and brands (sometimes “we,” “us,” “our,” “NBI,” or “ATB” herein).

Sites.

This Site is operated by NBI.  “Site” and “Sites” includes this Site, blogs, forums, affiliated domains, apps, services that link to this Site through any related mobile application, computerized devices in stores and in-store data collection forms, and all of our various social media locations including without limitation Facebook®, Instagram®, Pinterest®, Rumble®, TruthSocial®, Twitter®, YouTube®, and the like. 

Applicability of Policy To You.

We provide you with access to and use of the Sites  subject to your agreement to and compliance with these Terms.  By using the Sites, you agree the Terms govern your use of the Sites and to be bound by all the terms and conditions contained in these Terms of Use (“Terms of Use” or “Terms”) including without limitation any and all rules, program terms, guidelines, indications, and directions found throughout the Sites.   These Terms apply to all users of the Site, including users who view material, buy products, and/or register for accounts or programs on the Sites.  Persons may also agree to these terms outside the Sites in separate writings for various purposes which incorporate them by reference.  We reserve the right, in our sole discretion, to terminate or restrict your access to the Sites, refuse service, or cancel orders. 

This Privacy Policy (“Privacy Policy”) applies to Personal Information (as defined below) collected on any and all websites associated with Name Brands, Inc., and its affiliates, subsidiaries and brands (including but not limited to America The Beautiful® and America Is Beautiful®) (the “Company,” “we,” or “us”), and all affiliated domains, apps, services that link to this Site through any related mobile application, through computerized devices in stores and in-store data collection forms, and all social media platforms used by us (collectively referred to herein as the “Sites”). This Privacy Policy explains the choices you have about the way this information is collected and used. 

This is a policy, not a contract. This Privacy Policy is governed by our Terms of Use posted on this Site.  We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. In some cases, we may provide you with additional notice (such as adding a statement to the homepages of our Sites or sending you an email notification), but this our option and not a duty or representation.  We encourage you to review the Privacy Policy whenever you interact with us to stay informed about our personal information practices and the choices available to you.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BECAUSE BY ACCESSING THE SITES AND/OR CREATING AN ACCOUNT WITH US, YOU ARE CONSENTING TO THE COLLECTION, USE, DISCLOSURE, TRANSFER AND STORAGE OF PERSONAL INFORMATION OR OTHER INFORMATION RECEIVED BY US AS A RESULT OF SUCH USE IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITES.

PLEASE NOTE THAT THIS PRIVACY POLICY IS SUBJECT TO AN ARBITRATION PROVISION, REQUIRING - EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW - YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.

INFORMATION COLLECTED

When you use our Sites, we collect your Personal Information and non-Personal Information. The types of information we collect from you depends on the Sites and the features you use on the Sites. “Personal Information” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household. Please note that over time, non-Personal Information may become Personal Information due to regulatory developments, technological advancements or the co-mingling of personal and non-Personal Information. The various types of information we collect from you may include:

  • Purchase Information: We may collect your name, billing address, shipping address, email address, telephone number, credit card number and expiration date when you make a purchase. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations (or other transactional information) and/or to provide customer service.
  • Information Collected In-Store: We may collect your name, email address, telephone number, mailing address, zip code, and preferences if you complete a form in a store selling our products.  This information will be used to provide you with products that may be of interest to you and to provide you with information that you request.
  • Account Information: We may collect your name, email address, telephone number, mailing address, zip code, date of birth, and gender if you create an account with us. This information will be used to help you keep track of your orders, to keep you updated about special offers, updates related to the Sites, and to facilitate checkout during purchases.
  • Information for Commercial Communications: We may collect your name, email address, telephone number, mailing address, gender, and birth date if you sign up to receive promotional emails from us. This information may be used to contact you about sales, special offers and new features available through the Sites.
  • Information Relating to Inquiries: We may collect your name and email address if you contact us with a question. 
  • Information for Promotions: We may collect your name, email address, telephone number, gender, and other contact information if you participate in a promotion (e.g., contest, sweepstakes) that we sponsor. This information will be used to fulfill the terms of the promotion and to contact you regarding promotional and special offers, sales, and new features available through the Sites. It will also be subject to the terms accompanying such promotion.
  • Survey Information: We may collect your name, age, gender, phone number, zip code, shopping habits, activities and routines, apparel likes and dislikes, email address and/or mailing address if you choose to participate in one of our on-line surveys. This information will be used to help provide us with relevant information about our consumers, including their preferences and product needs.
  • Usage Information: We may collect usage information passively, while you are visiting or interacting with the Sites. We call this “passive” collection since you may not know that this information is being collected when you visit or interact with the Sites. This information may consist of the following items: Site visitors’ IP address, IP address-related information, system Media Access Control address, network configuration information, network device information, browser plug-in type and versions, and operating system. Additionally, like any online site or service, our mobile application automatically collects certain information such as your IP address, device information (e.g., the unique identifier of your mobile device, hardware model, operating system version, mobile network information), and the URL from which you access our application.  You are not required to affirmatively submit any Personal Information to us in connection with the general use of our mobile application, unless you make a purchase through the application, in which case you must create an account.
  • Information from Other Websites, Including Mobile Applications and Social Media Platforms: If you use a social media platform or your mobile device (or other method of communication) to interact with the Sites, that platform or application may have a specific privacy policy that governs the use of Personal Information related to it. For example, if you use a mobile application and your mobile device’s settings allow it, we may collect mobile location information from your device. Our application may be designed to collect information even if you are not logged into the application or the Sites. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings.  We do not control the data collection or privacy practices of the application stores from which you download our mobile application, or of any third-party platform through which you access our Sites or contact us. You should review the privacy policy and terms of use of any third-party site or mobile application store before using or downloading any application and review and use available controls and settings on your device to reflect your preferences.
  • Information from Other Sources: We also may obtain, collect and aggregate information (including Personal Information) provided to us by our marketing service providers and other vendors. That information may include information on current subscribers or customers, and is used for a number of things including enabling us to send you the most relevant, timely and exciting offers and announcements specifically tailored for you and your interests. You can update your information or change your preferences regarding receiving announcements and other information from us at any time by accessing your account via the Sites. (For more information, see below section entitled How To Access, Correct and Update Your Personal Information. California residents may also see the section entitled Your California Privacy Rights. Virginia residents may also see the section entitled Your Virginia Privacy Rights)  We may obtain personal information about you from other sources and combine that with information we collect about you. For example, we collect personal information from the local postal services’ national change of address databases to verify and update mailing addresses. If you interact with us on social media, we will also collect personal information about you from those interactions.
  • Derivation.  We may derive personal information or draw inferences about you based on the other types of personal information we collect. For example, we may infer your location based on your IP address, or that you are interested in purchasing a certain type of clothing based on your browsing behavior on our Services.

COOKIES AND OTHER SESSION IDENTIFIERS

Like many sites, we, and third parties we allow, utilize a technology called "cookies." A cookie is a piece of information that is placed on your browser when you access the Sites. In many cases, the information collected using cookies (and related technologies) are used in non-identifiable ways, without any reference to Personal Information. For example, we use information we collect about users of the Sites to optimize our Sites and to understand traffic and usage patterns. In other cases, we associate the information we collect using cookies and related technologies with Personal Information. In that case, this Privacy Policy governs how we use that information.

Cookies help provide additional functionality to the Sites and help us to more accurately analyze usage of the Sites. For instance, the Sites may set a cookie on your browser that allows the Sites to remember you during future visits. We use cookies to monitor and to maintain information about your use of the Sites. Cookies are also used to track the identity of the website you visited immediately prior to visiting the Sites; other than that, we do not track information about your use of other websites. Cookies also allow us to hold selections in a shopping cart when a user leaves the Sites without checking out. Cookies are not used on the Sites to store your account information as this information is stored securely on a server. When you log in at the Sites with your username and password, we will assign you a secure session ID. The server then passes your information to you through this secure session ID. Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue in your browser until they are deleted or expire). Some of the cookies we use may be flash cookies or Adobe cookies.  While they are harmless, they may contain demographic information and depending on your browser these cookies may not normally be deleted when your cookies are deleted. Please check your browser to determine where these types of cookies are stored and how they may be deleted.

Adobe Analytics — We use Adobe Analytics. For further information on Adobe Analytics and to opt out, please click here: https://www.adobe.com/privacy/opt-out.html.

Google Analytics — To help facilitate the delivery of relevant content, we use Google Analytics and have implemented all Google Advertising Features, including Remarketing, Impression Reporting, Demographics, and Interest Reporting. Google Analytics uses cookies to report on user interactions on our websites. We use the data collected for optimizing marketing, refining advertising, and generally making advertising more effective. To learn more about Google Analytics privacy practices and opt-out mechanisms, please visit the Google Analytics Security and Privacy Principles page at https://support.google.com/analytics/answer/6004245?hl=en>. Google also provides a complete privacy policy and instructions on opting-out of Google Analytics at https://tools.google.com/dloage/gaoptout.

Third Party Advertisers — We may use advertisers, third-party ad networks, and other advertising companies, to serve advertisements on our Sites and on third-party websites. Please be advised that such advertising companies may gather information about your visit to our Sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which web pages you were viewing when such ads were delivered. Depending on the particular advertising services they provide, these third-party advertising companies may employ first-party cookies or third-party cookies. Unlike third-party cookies, first-party cookies are hosted on the Company’s servers. If you would like more information about this practice and to know your choices please visit http://www.networkadvertising.org/managing/opt_out.asp or http://preferences.truste.com/truste/PLEASE NOTE THAT THIS PRIVACY POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.

While we recommend that you leave cookies turned on as they allow you to take advantage of some of the features of the Sites, you have the ability to control the use and moderation of our cookies. However, if you elect not to allow cookies to be placed as provided herein, you may not be able to use or to enjoy all of the services and features of the Sites. Specifically, you can configure the settings on your browser (i) to receive notifications when you are receiving new cookies, (ii) to disable cookies or (iii) to delete cookies. Please refer to your Web browser’s help section for information on how to do this.

ADS ON OTHER SITES

We want to speak with you where it’s best for you. We may share your contact information with other companies so we can reach you on their sites or social channels. If you choose to give others your data directly (like Google or Facebook) their rules apply to that data, not ours. We sometimes buy ads on other sites. Even if we don’t share (or have) your data, you might see those ads. We can’t always control how they choose to place our ads.

HOW WE USE THE INFORMATION COLLECTED

We may use the information we collect as necessary and to fulfill your requests, including without limitation in the following manner:

Access and Use: If you provide Personal Information in order to obtain access to or use of the Sites or any functionality thereof, we will use your Personal Information to provide you with access to or use of the Sites or functionality and to monitor your use of the Sites or specific functionalities.

Internal Business Purposes: We may use your Personal Information for internal business purposes including, without limitation, to help us improve the content and functionality of the Sites, to better understand our users, to improve the Sites, to protect against, identify or address fraudulent activities, to manage your account and to provide you with customer service and to generally manage the Sites and our business.

Marketing: We may use your Personal Information to contact you for certain marketing and advertising purposes, including, without limitation, to inform you about offers, contests or surveys which may be of interest to you and to display content and advertising on or off the Sites which may be of relevance to you. If you wish to change or update your Personal Information or to change your subscription preferences, you may do so as provided herein. We also use your Personal Information for other marketing reasons, such as administering our loyalty programs.

Specific Reason: If you provide Personal Information for a certain reason, we may use the Personal Information in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Information you provide to answer your question or to attempt to resolve your issue and will respond to the email address from which the contact came.

Aggregated Information: In an ongoing effort to better understand and to serve the users of the Sites, we (either directly or working in concert with our marketing services providers) may conduct research on our customer demographics, interests and behavior based on Personal Information and other information that has been provided or received by us. For example, we may combine information about visitors to the Sites to determine how best to target our marketing and the products that we offer in certain areas of the country. This research may be compiled and analyzed on an aggregate basis and this aggregate information does not identify you personally and is not classified or treated as Personal Information under this Privacy Policy.

HOW WE SHARE YOUR INFORMATION

We may share the information described herein to the following categories of third parties in the following circumstances:

Order Fulfillment and Fraud Protection:  If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other Personal Information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card). In addition, we may share your Personal Information with fraud protection services to assist us in preventing fraud and protecting our customers from credit card fraud.

Business Transfers: As with any business, it is possible that as our business develops, we might sell, assign, buy, transfer or otherwise acquire or dispose of certain businesses or corporate assets. In the event of such or similar event, Personal Information may be part of the transferred assets. In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign your Personal Information collected via the Sites, and you acknowledge and agree that any successor to or acquirer of us and/or our eCommerce service provider will continue to have the right to use your Personal Information and other information in accordance with the terms of this Privacy Policy.

Subsidiaries and Affiliates: We may also share your Personal Information with our subsidiaries and/or affiliates. Our subsidiaries and affiliates will be bound to treat and to maintain any Personal Information in accordance with this Privacy Policy.  Affiliates are companies that control, are controlled by, or are under common control with us. We may share your data with our affiliates.

Agents, Consultants and Related Third Parties: As noted above with respect to our eCommerce service provider, we sometimes engage other companies to perform certain business-related functions on our behalf so that we can focus on our core business. Examples of these services include, but are not limited to, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. In connection with services those partners provide for us, we may provide or otherwise give them access to certain Personal Information. We employ a vetting process to assess our partners’ data protection practices. Service providers are partners who have agreed to use your data only for the purpose of providing the services in our contract and who have agreed not to “sell” your data. We may share your data with our service providers / processors as described below. 

Third-Party Marketers, Partners, and other Third Parties: We may also share your Personal Information with other marketers, partners, and other third parties, whose products or services we feel may be of interest to you. These third-party marketers, partners, and other third parties may use your Personal Information for their own purposes, or further disclose your information to other third parties. If you prefer that we not share your Personal Information with these types of parties, please inform us using the Contact Us form.  Third parties are unaffiliated companies that have not agreed to limit their use of your data only to provide the services in our contract and/or have not agreed not to “sell” your data. For example, they may need to use the data to provide you services directly that go beyond our contract with them (e.g. your credit card company). We share your data with “third parties” only as allowed by applicable law.

Legal Requirements: We may disclose your Personal Information if required to do so by law (including, without limitation, responding to a subpoena or request from law enforcement, court or government agency) or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect or defend our rights, interests or property or that of other customers or users, (iii) to act in urgent circumstances to protect the personal safety of users of the Sites or the public or (iv) to protect against legal liability or potential fraud, as determined in our sole discretion.

HOW TO ACCESS, CORRECT AND UPDATE YOUR PERSONAL INFORMATION

You can access, correct and/or update certain Personal Information that you have provided to us by clicking on "Update Account" within the "My Account" area of the Sites. California residents may also refer to the section entitled Your California Privacy Rights. Virginia residents may also refer to the section entitled Your Virginia Privacy Rights.

STEPS TAKEN TO KEEP YOUR INFORMATION SECURE

Bad guys are tricky. They may pretend to be us to trick you into giving them your data. Don’t get tricked -- we do not ask you for your password, whether in email, on line chat, phone call, or in person.

We take commercially reasonable measures to ensure the security and confidentiality of your Personal Information. We have implemented information security measures that contain administrative, technical and physical controls that are designed to reasonably safeguard your Personal Information. Even though we have taken and will continue to take significant steps to protect this information, no company, including us, can fully eliminate all security risks associated with Personal Information. Please understand that no data transmission over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us. Understand that any information that you transfer to us is done at your own risk. We recommend that you take additional measures to protect yourself, including by installing anti-virus software, closing browsers after use, keeping your passwords confidential, and making sure that you regularly update software and apps. You also should not use the same password across multiple websites or apps because it makes your data much less safe, and it’s very hard for us to protect you from someone else’s breach.  If we learn of a data security system breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Sites. We may post a notice via the Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive written notice of a data privacy or security breach. If you have reason to believe that your Personal Information that we have collected or our system security has been breached, please inform us by using the Contact Us form.

DATA RETENTION

We will retain your information only for as long as is necessary for the purposes set out in this Privacy Policy or as necessary to provide our services to you. We will retain and use your information to the extent necessary to comply with our legal obligations (including record retention), to resolve disputes, to enforce our agreements, and as otherwise described in this Privacy Policy. When the Company determines your information is no longer needed, or after legal authority to retain it has expired, your information will be destroyed in accordance with applicable laws and pursuant to procedures established in relation to each Company system or process.

YOUR CHOICES AND INDIVIDUAL RIGHTS

You have several choices available when it comes to your Personal Information. We will honor the choices you make regarding your Personal Information. If you have created and maintained a user account on the Sites, you will be able to sign in and update your account (including contact) information. You may also write to us at the address provided in this policy to update your contact information or to change your subscription preferences. In addition, you may:

Limit the  Personal Information You Provide: You can use the Sites and limit the Personal Information you provide either by disabling cookies or by not registering an account with us. If you choose to limit the Personal Information you provide and/or to disable cookies, you may not be able to use certain functionalities of the Sites. For instance, in order to purchase goods and services on the Sites, payment and shipping information must necessarily be provided.

Manage Your Subscription Preferences: We may send your information by email or text message. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner. Additionally, we may send automated text messages (if you provide consent). Where you consent to receive automated text messages from us, please note that your consent includes consent to receive both autodialed and/or pre-recorded telemarketing text messages or non-automated messages from or on behalf of the Company and its affiliated companies at the telephone number you provided. You further understand that consent is not a condition of purchase and that message and data rates may apply. Additional terms and conditions, including message frequency, are provided at sign-up for any automated messages.

Opt-Out of Marketing Emails and Texts: For email marketing, you will have an opportunity to change your subscription preferences by clicking on an "unsubscribe" hyperlink contained in all promotional emails sent by us or on our behalf. Please note that while we honor all subscription requests as timely as possible, it may take up to ten (10) business days to become effective. Please be aware that even if you opt-out of receiving future promotional communications, you may, if you utilize the eCommerce features of the Sites, be sent certain transactional communications related to the purchase or shipment of items purchased. This means if you order online, we will send you an email confirming your order and may need to contact you by phone, email or regular mail if we have questions about your order. Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations. You may ask us not to contact you by text message at any time by responding to a text message after it is received. For automated text messages, you will have the opportunity to opt-out by replying “STOP” to any message received. Please note that you hereby consent to receiving a confirmatory message in response to any opt-out request. We will process your unsubscribe request as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe request is processed.

Technical limitations on opt out. Please note that there are technical limits to our ability to identify data related to you and, if you opt out, to prevent the “sale” of that information to other parties. Where we can reasonably determine that information relates to you and you have opted out, we will not “sell” it to “third parties” (except as allowed by the law). However, we may not be able to determine that information relates to you. In that case, the information may be “sold” to a third party. Opting out is not unsubscribe.

  • Opting out of the “sale” of personal information will not prevent you from receiving marketing messages from us. If you wish to unsubscribe from our emails, please follow the unsubscribe link in one of our emails. If you wish to unsubscribe from text messages, please follow the unsubscribe process for the program you opted into.
  • Opting-out multiple email addresses If you want multiple email addresses opted out, you must provide each address to us. This is because we have no reasonable way to use a single address you give us to link to other addresses you may have.

Social Media & Other Public Platforms: You may also manage the sharing of certain Personal Information with us when you connect with us through a social media platform or application, such as through Facebook Connect. Please refer to the privacy settings of the social media website or application to determine how you may adjust your permissions and manage the interactivity between us and your social media platform(s) or application(s). That said, we want you to be aware that when you post information to public forums, including publicly viewable social media platforms, that information will become available to all who access such platform pages. IT IS YOUR RESPONSIBILITY TO BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

LINKING TO OR FROM ANOTHER WEBSITE

The Sites may contain links to other websites not operated or controlled by us (the "Third-Party Sites"). The policies and procedures set forth herein do not apply to any Third-Party Sites. We are not responsible for the privacy practices or content of such Third-Party Sites. We are not responsible for the actions of these Third-Party Sites; rather, the owners and operators of all Third-Party Sites are responsible for all Personal Information provided, collected, maintained, stored or otherwise disclosed on those sites, if any. The links on the Sites do not imply that we endorse or have reviewed the Third-Party Sites, including their privacy policies, if any. If you have any questions about how these Third-Party Sites’ use your Personal Information, we strongly encourage contacting those sites directly for information on their privacy policies and practices.

If you have accessed the Sites through a link from certain of our advertising or marketing partners, the Sites may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed Web pages is collected by us, and our use of such information is governed by this Privacy Policy.

HOW WE RESPOND TO DO NOT TRACK SIGNALS

Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services.  At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, we do not recognize DNT. Our Sites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Information.

CHILDREN, MINORS (i.e, those under the age of majority)

If you are under the age of 13, you should not provide any Personal Information to us.

While grossly errant governments and institutions presently allow all sorts of crazy and creepy things to be done mentally and physically to America’s children, we believe that if a child finds our Sites, it is important to protect their privacy.  A child’s sanctity and privacy is between their and their parents or guardians,  not others, including governments or institutions.  

The Site may include features or material that may be appealing to minors but does not knowingly seek to attract minors. We endeavor to keep our Sites rated G, but it possible that occasionally they may have material and features some believe to be unsuitable for minors and which are not necessarily monitored.

We do not sell products for purchase by children; we sell children's products for purchase by adults. If you are under 18, you may use our Sites only with the involvement of a parent or guardian.  In cases where a parent or guardian has authorized a minor to use our Sites,  they recognize that they are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Website; and (iii) the consequences of any misuse by the minor. They acknowledge that we have has no obligation to monitor the content accessible on or through the Sites.

If you believe a minor has provided Personal Information to us, please use the Contact Us form and we will take all such reasonable measures as we are able to remove that information and to not use it except where necessary to protect the safety of the child or others as required or allowed by law.  Technology makes it impossible to guarantee complete and comprehensive removal of that data from all systems, but we will do our best.

ACCESSING THE SITES FROM OUTSIDE OF THE UNITED STATES

If you are visiting our Sites from outside the United States, please be aware that you are sending information (including Personal Information) to the United States where our servers are located. We will hold and process your Personal Information in accordance with privacy laws in the United States and this Privacy Policy. Please note that privacy laws in the United States may not be the same as, and in some cases may be considered less protective than, privacy laws in other countries. United States privacy laws may provide more limited recourse mechanisms, including dissimilar or, at times, weaker data protection rights. Therefore, by providing your Personal Information, you consent to the collection, use, and sharing of your Personal Information as set forth in this Privacy Policy and to the transfer of your Personal Information to the United States as indicated above, in accordance with applicable law.

CHANGES REGARDING THIS PRIVACY POLICY

The Sites and our business may change from time to time. As a result (and for other business and/or technological reasons), it may be necessary for us to make changes to this Privacy Policy.  Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms.  We reserve the right to update, change, amend or modify this Privacy Policy at any time and from time to time without prior notice. When we do, we will also revise the "Last Updated" date at the top of this Privacy Policy. Please review this policy periodically, and especially before you provide any Personal Information.

If we make any material changes to this Privacy Policy (as determined by us), we will post a notice on the Sites notifying users of the changes and providing an opportunity for you to take action relative to those changes prior to their implementation. In some cases, we also may send an email notifying registered users of upcoming changes.

This Privacy Policy was last updated on the date indicated above. Your continued use of the Sites after any changes or revisions to this Privacy Policy become effective shall indicate your agreement with the terms of such revised and then-current Privacy Policy.

DISPUTES AND AGREEMENT TO ARBITRATE

Per Terms of Use posted on this Site.

CHOICE OF LAW

 

Per Terms of Use posted on this Site.

 

YOUR CALIFORNIA PRIVACY RIGHTS

This section of the Privacy Policy applies if you are a resident of California and use our Sites.

The California Shine the Light Law grants California residents the right to obtain certain information about the types of Personal Information that companies with whom those individuals have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, that law provides that California residents may request a copy of the Personal Information that we hold about them. California residents may also request information regarding the categories of Personal Information that have been shared with third parties, the names and addresses of those third parties and examples of the types of services or products marketed by those third parties. To request either a copy of the information maintained by us about you or to request a copy of the information disclosure provided by us during the preceding calendar year pursuant to the California Shine the Light Law, please contact us using the use the Contact Us form, or by writing us at the address at the bottom of this Privacy Policy. Please allow 30 days for a response to your request.

After January 1, 2020, The California Consumer Privacy Act of 2018 (CCPA) grants residents of California certain rights pertaining to the Personal Information we may collect and share with third parties for a business purpose. These purposes may include: providing our products and services, maintaining and servicing accounts, providing customer service, processing or fulfilling orders and transactions, performing analytics and quality control, auditing transactions, researching and testing features and improvements, detecting and preventing fraud and security incidents, debugging or repairing technical errors, and marketing our products. 

After January 1, 2023, the California Consumer Privacy Rights Act (CPRA) granted additional rights under the CCPA. Among other changes, the CPRA created a new sub-category of Personal Information called “Sensitive Personal Information” which is defined as any Personal Information that reveals an individual’s personal identification numbers (e.g., social security number, driver’s license, passport number, or state identification card numbers), account or debit or credit card numbers combined with passwords or codes that would enable access to the accounts, exact geolocation, racial or ethnic origin, religious or philosophical beliefs, or union membership, mail, email, or text message content unless the information was intentionally sent to the Company and genetic data. We collect limited pieces of Sensitive Personal Information, as outlined below, for the specific purposes set forth in this Privacy Policy. 

The categories of information we have collected from California residents in the past 12 months, the sources of that information, the business purpose for the collection of that information, and the third parties to whom we may disclose that information may include:

  • Identifiers: We may collect your name, aliases, postal address, email address, telephone number, online identifier, Internet Protocol address, account name, or other similar unique personal identifiers. We may collect this Personal Information directly from you, indirectly from you (e.g., from observing your actions on our website) or from third party service providers, such as a data analytics provider. The business purposes for which we may collect this information may include responding to an inquiry from you, providing information about products or special offers, processing your orders, processing employment applications or processing documentation required for legal purposes. We may disclose this information to third parties, including, payment processors, providers of internet, marketing, and administrative services.
  • Personal information categories listed in the California Customer Records statute (California Civil Code § 1798.80(E)): We may request credit card signatures, infer physical characteristics from information you provide regarding style selections and clothing or footwear sizes, and credit card or debit card number. We collect this information directly from you. The business purpose for which we may collect this information is to process your order. We disclose this information to payment processors. 
  • Commercial information: We may collect information pertaining to products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We may collect this information directly from you. The business purposes for which we may collect this information may include responding to an inquiry from you, providing information about products, or special offers or to process your order. We may disclose this information to third parties, including, payment processors, and providers of delivery or marketing services.
  • Internet or other similar network activity: We may collect information related to browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. We may collect this information indirectly from you (e.g., from observing your actions on our Site) or from third-party service providers, such as a data analytics provider. The business purpose for which we may collect this information includes providing targeted advertising and providing information about products or special offers. We may disclose this information to third parties, including, internet service providers, payment processors, and advertising networks.
  • Geolocation data: We may collect information pertaining to location. We may collect this information directly from you. The business purposes for which we may collect this information includes responding to an inquiry, processing your order or to provide targeted advertising. We may disclose this information to third parties, including, internet service providers and advertising networks.
  • Audio and visual information: We may collect video recordings made of customers while they are visiting our stores. These recordings are maintained in a deidentified, i.e., anonymized, form. We may collect this information directly from you. The business purpose for which we may collect this information includes providing customer service, for fraud prevention, and to protect our legal rights. We may disclose this information to third parties as needed to protect our rights and the rights and safety of our customers and employees.
  • Inferences drawn from other personal data: We may collect profiles reflecting a person’s shopping preferences and behavior. We may collect this information indirectly from you (e.g., from observing your actions on our Site), and from third-party service providers, such as a data analytics provider. The business purposes for which we may collect this information include improving the online shopping experience for consumers. We may disclose this information to third parties, including advertising networks, in aggregated and/or deidentified, i.e., anonymized, form.
  • Characteristics of protected classifications under California law: We may collect information for human resources requirements related to age, race, veterans status or gender. We may collect this information directly from you. The business purposes for which we may collect this information includes processing employment applications and maintaining employee records as required by law (for more information on our collection of this category of information, please wrie us at the address provided herein. We may disclose this information to third parties, including providers of human resources administrative services.

If you are a California resident, the CCPA may grant you certain rights in connection with the Personal Information we collect, including:

  • You have the right to know and request, no more than twice in a 12-month period, information about the categories of Personal Information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. You also have the right to know if we have sold your Personal Information or disclosed your Personal Information for a business purpose, and, if so, the categories of Personal Information we sold or disclosed for a business purpose. You also have the right to request the specific pieces of Personal Information we have collected about you and the third parties to whom we may disclose Personal Information. We will endeavor to respond to a verified request within forty-five (45) days of its receipt. If more time is reasonably necessary to provide you with the information you request, we may take an additional forty-five (45) days to respond to your request, and will notify you in writing of the reason(s) an extension is required.
  • You have the right to “opt out” of the sale and/or sharing of your Personal Information (or, for consumers who are under 16 years old, the right not to have their Personal Information sold absent their, or their parent’s (for consumers ages 13-5), opt-in). 
  • You have the right to request that we delete your Personal Information. We may retain your Personal Information, however, pursuant to one or more exceptions provided by law.
  • You have the right to correct inaccurate Personal Information maintained by us.
  • You have the right to limit the use and disclosure of your Sensitive Personal Information to those uses that are necessary to perform the services or goods reasonably expected by an average consumer who requests those goods or services, in addition to other business purposes as permitted by California law.
  • You have the right to non-discrimination. You have the right to receive equal service and pricing from a business, even after exercising your rights.

To submit an access or deletion request, use the Site’s Contact Us form.  To opt-out of the sale of your Personal Information, use the Site’s Contact Us form.

We verify your identity before completing your request for access or deletion, and, may ask for you to confirm data points we already have about you. Note, the right to opt-out does not need to be a verified request. We will only use Personal Information provided in a request to verify the requestor’s identity or authority to make the request. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit written proof that they have been authorized by you to act on your behalf.

NOTICE OF FINANCIAL INCENTIVE

We offer various financial incentives. For example, we may provide discounts, coupons, or other benefits to customers who join our loyalty programs or who sign up to receive our marketing communications. When you participate in our loyalty programs, we collect Personal Information from you, such as identifiers (like your email address and date of birth) and commercial information (like your purchase preferences and purchase history), and other categories of personal data that relate to or are reasonably capable of being associated with you. You can opt into a financial incentive by following the sign-up or participation instructions provided, and, for any ongoing benefits, you can opt-out at any time, such as by following the unsubscribe instructions in the applicable program’s terms and conditions, promotional communications or by using the Contact Us form. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you along with information on how to sign up. The value of your personal data is reasonably related to the value of the offer or discount presented to you. While we do not assign a monetary value to the data that we collect, based on our reasonable estimate, the value received from the information you provide is reasonably equal to or greater than the value the Company receives from the use of this information.

YOUR VIRGINIA PRIVACY RIGHTS

This section of the Privacy Policy applies if you are a resident of Virginia and use our Sites

After January 1, 2023, the Virginia Consumer Data Privacy Act (“VCDPA”) grants residents of Virginia certain rights pertaining to the “Personal Data” we may collect from you, which includes any information that is linked or reasonably linked to an identified or identifiable natural person. For avoidance of doubt, “Personal Data” is included within the definition of “Personal Information” used throughout this policy. Please reference Sections 1-4 of this Privacy Policy for detailed information regarding the categories of Personal Data we collect, the purposes for collecting Personal Data, the categories of Personal Data shared with third parties, and the categories of third parties with whom the controller shares Personal Data. The VCDPA also creates a sub-category of Personal Data called “Sensitive Data” which includes: (1) Personal Data that reveals racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; (2) the processing of genetic or biometric data for the purpose of uniquely identifying a natural person; (3) Personal Data collected from a known child; or (4) precise geolocation data. By providing your Personal Data to us, you consent to the collection, use, and sharing of your Personal Data, including Sensitive Data, as set forth in this Privacy Policy

If you are a Virginia resident, the VCDPA may grant you certain rights in connection with the Personal Data we collect, including

  • You have the right to know whether we process your Personal Data. You also have the right to obtain a copy of the Personal Data that we have collected about you in a technically feasible and readily usable format.
  • You have the right to correct any inaccuracies in your Personal Data that we maintain.
  • You have the right to request that we delete your Personal Data.
  • You have the right to “opt out” of targeted advertising, the sale of your Personal Data, or profiling. 
  • You have the right to appeal our refusal to take action in response to your request to exercise one of the above-stated rights. You may appeal our decision by using the use the Contact Us form with the phrase “APPEAL REQUEST” in the subject. If the appeal is denied, you may contact the Virginia Attorney General’s Consumer Protection Hotline at 804-786-2042 to submit a complaint.
  • You have the right to non-discrimination. You have the right to receive equal service, pricing and quality of services and goods from a business, even after exercising your rights.

To submit an access or deletion request, use the Site’s Contact Us form.  To opt-out of the sale of your Personal Information, use the Site’s Contact Us form.

We will verify your identity before completing your request and may ask for you to confirm data points we already have about you.

NO EUROPEAN UNION OR EXTRA-US ACTIVITY

We and our Sites do not offer goods and services to people in the EU, and we do not monitor their online behavior.  While we like our friends in the EU and rest of the world, the laws enacted by their many rulers are too many and too complex, and the penalties too draconian, to incur the risk.  It’s hard enough keeping up with all the laws enacted by our own.  We and our Sites operate and offer goods and services, and monitor online behavior, and only within the U.S., its territories, and possessions.

The Website is hosted and operated in the United States and all matters relating to this Website are governed by the laws of the United States. If you are located outside of the United States and you contact us, please be advised that United States’ law may not offer the same privacy protections as the laws of your jurisdiction and any information you provide to us will be transferred to the United States. By submitting information to us you explicitly authorize this transfer and the processing of this information within the United States.

CONTACTING US

If you have questions about this Privacy Policy, use the Site’s Contact Us form.  You must include the URL of the Site and/or specific page within the Site related to your request for this to be effective. Or you may contact us by mail at: Name Brands, Inc., Attn: Privacy Coordinator, PO Box 30, Daytona Beach, FL 32115-0030.