Why you may have received unsolicited e-mails or e-mails from unfamiliar senders?
On occasion, you may receive what appears to be an unsolicited e-mail or an e-mail from a sender you do not know. Depending on the circumstances, these e-mails may or may not violate this Spam Policy or the TOU. For instance, the following are examples of permissible circumstances under which a potentially unsolicited e-mail or an e-mail from an unknown may have been received by you:
– You may have signed up for an associated website’s and/or affiliate’s newsletters, promotions or services and have forgotten having done so;
– You have an existing relationship (i.e., purchased something or use certain services) with an associated website and/or affiliate; and/or
– Someone may have signed you up to receive an associated website’s and/or affiliate’s newsletters, promotions, services or e-mail communications without permission to do so.
Under the foregoing scenarios, the e-mail communication received would not violate the Company’s Spam Policy or TOU because it would have been authorized, or at least appear to have been authorized, by you or there is an existing relationship between you and the sender. Despite these circumstances, however, you may wish to stop receiving these e-mail communications.
What you can do to stop receiving unwanted e-mail communications.
The first thing you can do is see if the unwanted e-mail communication contains a hyperlink at the bottom of the message for opting out of or removing your e-mail address from future e-mail transmissions. If so, click on the hyperlink at the bottom of the message that is designated for opting out or removing you from further e-mail transmissions from the sender in order to stop receiving them in the future. If you click on the “unsubscribe” link at the end of a message sent by the Company or an associated website, you will be automatically removed from the customer subscriber list used to generate the e-mail communication.
Circumstances may arise where you have received spam in violation of this Spam Policy and the TOU. To report abusive e-mail activity, please send an e-mail to email@example.com that provides a description of the e-mail content, subject matter and sender’s identity so the Company can investigate the matter and, if warranted, appropriate action can be taken.
How the Company protects against spam originating from its servers.
The Company takes several steps to protect its online community from spam originating from its servers. To begin with, the Company only sends e-mail communications those who have provided their e-mail address and have indicated an interest in receiving future offers, newsletters, promotions and other information. Next, the Company carefully guards the information provided by its members and customers. For instance, e-mail addresses provided to the Company are securely maintained and access to this information is restricted. Furthermore, the Company endeavors to personalize its e-mail communications with information that demonstrates an existing relationship with those who receive e-mail messages from it.
The Company also does not allow any associated website or affiliate to send offers, newsletters, promotions and other information to those who have not requested them. Any such e-mail communications violate this Spam Policy and the TOU.
Moreover, the Company uses specific tools to make sure no one is signed up to a newsletter against their wishes. The Company additionally provides opt out or removal hyperlinks at the bottom of its outgoing e-mail communications.
The Company takes every reported spam incident seriously. In doing so, the Company carefully considers each reported spam incident in view of the customer or member’s cumulative behavior while using the Website and its related services or features.
What happens when an associated website or an affiliate is accused of spamming?
The Company takes the following steps if it receives a spam complaint involving an associated website or an affiliate:
1) The Company immediately checks to see if the associated website or affiliate is receiving an inordinate number of spam complaints, which may indicate a breakdown in protocol or some other procedure that requires corrective action;
2) If, after reviewing the spam complaints, the Company finds a mailing list to be compromised or questionable, it will restrict access by the website or affiliate in question until it is provided with an affidavit sufficiently attesting that the website or affiliate is in compliance with the Company’s Spam Policy and that it is not sending spam. An authorized representative of the website or affiliate must sign the affidavit and its contents must be approved by the Company before any services or access is reinstated; and
3) The Company will not do business with any website or affiliate that refuses to agree to the Spam Policy, the TOU or any other agreement required by it. Moreover, the Company reserves the right, which may be exercised in its sole discretion, to terminate any business relationship with a website or affiliate that violates the Spam Policy or the TOU whether or not action is allegedly taken to remedy the circumstances giving rise to the violation.
Why a website or an affiliate named in a spam complaint is not simply cut-off.
Some may believe that the Company should immediately cut-off a website or an affiliate that is named in a spam complaint. The Company has decided against doing so. This is because the Company believes that such action would compromise legitimate e-mail Website-related communications and that it would be unfair to its members/customers. A number of possible scenarios exist whereby a website or an affiliate might be accused of sending spam e-mail communications despite having complied with the Spam Policy and TOU. In some cases, a spam complaint might be made by a disgruntled employee, dissatisfied customer or competitor seeking to disrupt Website access for an ulterior, improper purpose. Moreover, in many other cases, the Company may receive a spam complaint from someone who has simply forgotten he or she signed up to receive an e-mail communication from a website or an affiliate.
In short, the Company must investigate, evaluate and judge each spam complaint on its merits. The Company would not be effectively serving its members/customers by immediately refusing to do business with anyone before it has an opportunity to investigate and consider the circumstances of a spam complaint.
Changes to Spam Policy.
The Company, in its sole and absolute discretion, may change, alter, amend or modify this Spam Policy without notice to members, customers, affiliates and others by posting a copy of the newly operative version on the Website. All members, customers, affiliates and others that are subject to the Company’s Spam Policy shall be obligated to familiarize themselves with its terms and conditions together with periodically reviewing the Spam Policy posted on the Website for any changes, alternations, amendments or modifications to it.
How can I ask questions or raise concerns about the Spam Policy?
Please send any questions or concerns about the Spam Policy via e-mail to: firstname.lastname@example.org.
Notification of claimed non-compliance with either the GDPR or the LGPD should be sent via email to the designated Data Protection Officer at email@example.com or via U.S. Mail addressed to Wjj BRANDS– Data Protection Officer, P.O Box 12262 Durham, NC 27703, United States of America.
Last Update: January 2021.
PERSONAL DATA COLLECTION:
You may be asked to provide the Company with information that personally identifies you or allows us to contact you (“Personal Data”), if necessary, to carry out a transaction or other service that you have requested in connection with use of the Website. The Personal Data the Company gathers, stores and uses may include the following information:
1. Information about your computer including your IP address, geographical location, browser type and version, and operating system;
2. Information about your visits to and use of this website including the referral source, length of visit, page views, and Website navigation paths;
3. Information, such as your email address, that you enter when you register with the Website;
4. Information that you enter when you create a profile on the Website—for example, your name, profile pictures, gender, birthday, relationship status, interests and hobbies, educational details, and employment details;
5. Information, such as your name and email address, that you enter in order to set up subscriptions to our emails and/or newsletters;
6. Information that you enter while using the services on the Website;
7. Information that is generated while using the Website, including when, how often, and under what circumstances you use it;
8. Information relating to anything you purchase, services you use, or transactions you make through the Website, which includes your name, address, telephone number, email address, and credit card details;
9. Information that you post to the Website with the intention of publishing it on the internet, which includes your username, profile pictures, and the content of your posts;
10. Information contained in any communications that you send to us by email or through the Website, including its communication content and metadata; and
11. Any other personal information that you send to the Company.
PERSONAL DATA USE:
The Personal Data collected on the Website will be used to operate the Website and to provide service(s) and/or carry out the transaction(s) you have requested or authorized in connection with the Website. More specifically, the Company may use your personal information for the following purposes:
1. Administering the Website and the Company’s business;
2. Personalizing the Website for you;
3. Enabling your use of the services available on the Website;
4. Sending you goods purchased through the Website;
5. Supplying services purchased through the Website;
6. Sending statements, invoices, and payment reminders to you, and collecting payments from you;
7. Sending you non-marketing commercial communications;
8. Sending you email notifications that you have specifically requested;
9. Sending you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);
10. Sending you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
11. Providing third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
12. Dealing with inquiries and complaints made by or about you relating to the Website;
13. Keeping the Website secure and prevent fraud;
14. Verifying compliance with the terms and conditions governing the use of the Website (including monitoring private messages sent through our website private messaging service); and
15. Other uses.
If you submit personal information for publication on the Website, the Company will publish and otherwise use that information in accordance with the license you grant to it.
The Company will not, without your express consent, supply your Personal Data to any third party for their or any other third party’s direct marketing.
When you sign up for or agree to receive promotional e-mail or other offers made in connection with or via use of the Website, the Company may use customized links or similar technologies to track e-mail links that you click. The Company may associate that information with your personal information or Personal Data in order to provide you more focused e-mail communications, use of the Website or other services and information related to, offered on or available through the Website. The Company will provide means to unsubscribe to e-mail communications that allows you to stop delivery of that type of communication.
DISCLOSURE OF YOUR PERSONAL DATA:
The Company may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) as reasonably necessary for the purposes set out in this policy.
The Company may also disclose your Personal Data as follows:
1. To the extent required to do so by law;
2. In connection with any ongoing or prospective legal proceedings;
3. In order to establish, exercise, or defend the Company’s legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
4. To the purchaser (or prospective purchaser) of any business or asset that the Company is (or are contemplating) selling; and
5. To any person the Company reasonably believes may apply to a court or other competent authority for disclosure of that Personal Data where, in the Company’s reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personal Data.
Except as provided in this policy, we will not provide your Personal Data to third parties.
RETENTION OF YOUR PERSONAL DATA:
This Section sets out the Company’s data retention policies and procedures, which are designed to help ensure compliance with our legal obligations regarding the retention and deletion of Personal Data. We are not responsible for the information you provide us, nor for retaining such information.
Personal Data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. The Company does not delete Personal Data on any particular dates or times.
The Company will retain documents (including electronic documents) containing Personal Data:
1. To the extent required to do so by law;
2. If the Company believes that the documents may be relevant to any ongoing or prospective legal proceedings; and
3. In order to establish, exercise, or defend the Company’s legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
Except as otherwise described in this statement, personal information and Personal Data provided to the Company with regard to use of the Website will not be shared outside of this Website and its controlled subsidiaries and affiliates without your permission.
The Company may send out periodic e-mails informing you of certain services or products offered by it, its subsidiaries and affiliates, concerning technical services or security issues related to a product or service you requested or otherwise related to your use of the Website, or confirming a requested product or service related to the Website. Contact with the customer is an intrinsic part of the product or service being offered. You will not be able to unsubscribe to these e-mails as they are considered an essential part of the product(s) or service(s) you have chosen.
PERSONAL DATA SECURITY:
The Company is committed to protecting the security of your Personal Data. The Company, through its selected service providers, uses a variety of security technologies and procedures to help protect your personal information and Personal Data from unauthorized access, use or disclosure. In this regard, the Company will:
1. Take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your Personal Data;
2. Will store all the Personal Data you provide on secure (password- and firewall-protected) servers; and
3. Will protect all electronic financial transactions entered into through the Website with encryption technology.
You acknowledge that the transmission of information over the internet is inherently insecure. The Company cannot guarantee the security of data sent over the internet.
You are responsible for keeping the password you use for accessing the Website confidential. The Company will not ask you for your password (except when you log in to our website).
You may instruct the Company to provide you with any Personal Data it holds about you. In order to obtain such information, you must provide the Company with the following:
1. Payment in the amount of $100.00; and
2. Supply appropriate evidence of your identity. For this purpose, the Company will usually accept a photocopy of your passport certified by a notary plus an original copy of a utility bill showing your current address.
We may withhold Personal Data that you request to the extent permitted by law.
You may instruct us at any time not to process your Personal Data for marketing purposes.
In practice, you will usually either expressly agree in advance to our use of your Personal Data for marketing purposes, or we will provide you with an opportunity to opt out of the use of your Personal Data for marketing purposes.
GDPR VISITOR RIGHTS:
Under the GDPR, if you are within the European Union, you are entitled to certain rights and information. We will retain any information you choose to provide to us until the earlier of:
- You ask us to delete the information by sending a request to firstname.lastname@example.org. Such requests may result in you no longer being able to access paid or free content previously provided to you.
- Our decision to cease using our existing data providers
- The Company decides to no longer be in business or continue to offer the services.
- The data is no longer needed to provide you service, is too costly to maintain further retention, or the Company finds it outdated.
You have the right to:
- Request access to your data that we store and have the ability to access your personal data.
- Either rectify or erase your personal data.
- Verify the accuracy of your personal data and have it corrected or removed completely.
- Seek restrictions on the processing of your data. When you restrict the processing of your data, we can store your data but cannot process it further.
- Object to the processing of your data in certain circumstances including but not limited to direct marketing, profiling, scientific or historical research purposes, statistical purposes, automated decision making and profiling and tasks based on legitimate interests or in the public interest/exercise of official authority.
- The portability of your data. You have the right to request your personal data from us, receive it and transfer it to another controller.
- Withdraw consent at any time. If you have provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent any time without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
- Lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably necessary to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
YOUR RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA COMPLIANCE):
If you reside in California, you are entitled to additional rights under California law and we ensure compliance with the CCPA. You have the right to:
- Know whether your personal information is sold or disclosed to third parties.
- Say no to the sale of your personal information.
- Access your personal information, which we will provide within 30 days of such request.
- Know what personal information is collected from you and how it is used as explained in the sections above.
- Have your personal information deleted.
- Equal service, price and no discrimination.
You have the right to data portability and right to request your personal information and use it for your own purposes
Pursuant to California’s “Shine the Light Act,” you are permitted to request information about the manner in which we share certain categories of information with third parties for their marketing use. We may disclose your personal information to our affiliates or other related third parties such as service providers, vendors for their use in marketing to you, so we can provide the products and/or services offered on this website to you. When we disclose such information, your personal information is still kept confidential and between us and that third party. It is not used for any other purpose that’s not permitted under the laws.
Please be advised we DO NOT SELL YOUR PERSONAL INFORMATION to third parties and have never sold your personal information. We do not intend to sell your personal information in the future either.
Under the CCPA, you still have the right to opt-out of such sales and send us a “do not sell my information” request. If you would like to exercise any of your rights under California law, please submit a verifiable consumer request to us by sending us an email at email@example.com. Only you as the person registered with the California Secretary of State can make such verifiable consumer requested related to your personal information or someone you authorize to act on your behalf.
Your verifiable consumer request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person about whom we had collected personal information. You must describe your request with enough details such as your first and last name, your address and country that allow us to properly understand the request and respond to it. Please note we cannot respond to your request or provide you with personal information unless we first verify your identity or authority to make such a request and confirm that the personal information relates to you. We will make all attempts to respond to your request within 30 days of receipt.
THIRD PARTY WEBSITES:
The Website may include hyperlinks to, and details of, third party websites. The Company has no control over, and is not responsible for, the privacy policies and practices of third parties.
UPDATING PERSONAL DATA:
Please let the Company know if the Personal Data that it holds about you needs to be corrected or updated.
The following cookies are used on the Website:
If you are in the European Union and opt-in to receive any of our free products or services and/or purchase any products or services through our website then you will be subscribed to receive our free email newsletter once you affirmatively consent to it. Please see the Opt-Out section below should you wish to “unsubscribe” and not receive any emails from us.
But if you are NOT in the European Union then you will be automatically subscribed to receive our free email newsletter once you opt-in to receive any of our free products or services and/or purchase any products or services through our website. Please see the Opt-Out section below should you wish to “unsubscribe” and not receive any emails from us.
We comply with the CAN-SPAM Act of 2003 and do not spam or send misleading information. Should you wish to no longer receive communication from us, you have the option of unsubscribing by clicking “unsubscribe” at the bottom of the email we send to you or by contacting us.
As for third party websites, please contact them directly to unsubscribe and/or opt-out from their communications.
We are in compliance with the GDPR along with the email marketing service we use to collect your data.
Last Updated: January 2021.