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Effective: June 9, 2020

1. Introduction

Welcome to Notch, an e-commerce platform owned by Notch Life, LLC (together with the other entities it controls, is controlled by, or is under common control with, collectively referred to as “we,” “us,” “our,” or similar pronouns).  As used in this Privacy Policy (“Policy”), the phrase “Services” means the ByNotch.com website, together with related mobile and desktop applications, and the products and services made available through them.  This Policy applies whenever you access or use the Services, regardless of the means of access.

We know you care about your privacy and the protection of your personal information.  We also know it is our responsibility to be clear about how we use, disclose, and protect your personal information.  We designed this Policy to do just that.  It explains the types of personal information we collect, and how we collect, use, maintain, protect, and share this information. This Policy also tells you about the rights and choices you may have when it comes to your personal information.

Some of what we say in our Policy is required by law, and may at times seem long and complicated, but we’ve worked hard to try to make this Policy easy to understand and provide examples where possible.  You can review this Policy anytime.  If you still have questions, you can contact us via email to privacy@bynotch.com.

2. The Personal Information We Collect and How We Collect It

To provide you with our Services and the products that you purchase through them, we collect your personal information.  This can include information that does not personally identify you — such as device numbers, IP addresses, and account numbers.  It may also include information that does personally identify you, such as your name, address, and telephone number. 

If you have not registered for an account with the Services, but use our Services through someone else’s account, then we will collect information about you, but it may not identify who you are to us. We may also collect information about you from third parties.

We collect this information to provide our Services, respond to requests from you, and tailor our Services and our communications with you to best meet your needs and interests.

a. What Personal Information We Collect

i. Account Information.  Information that we use to identify who you are. 

ii. Analytics and Inferences.  Information related to your account and use of our Services, and our predictions about why you might or might not like. 

iii. Billing and Shipping Information.  Information that we use to charge you for the products that you purchase through the Services, and to fulfill those purchases. 

iv. Contact Information.  Information that can be used to communicate with you, such as your email address, mailing address, or telephone number.

v. Service Activity Information.  Information related to your interaction with the Services. 

b. How We Collect Personal Information

We collect personal information in several ways. 

We collect information when you provide us the information, such as when you create an account for the Services or purchase products through the Services.  This information includes contact information, login credentials for the Services, and payment and shipping information.

We collect information when you (and all of our other users) use the Services, such as search for products or click on product detail pages.  This information includes IP address, device identifiers, geolocation information, and the record of the activity you took with the Services.

We collect information from third parties.  This information includes public records, demographic and purchase history from consumer data brokers, social network data, and information about the advertisements you have seen or clicked on from online advertising companies. 

3. How and When We Use Personal Information

We use your personal information to provide you with the Services and the products that you purchase through the Services.  For example, setting up and managing and authenticating your Services account, billing and fulfilling purchases, processing returns, and providing technical support. 

We use your personal information to communicate with you.  For example, responding to questions from you, sending you Service-related announcements, and sending you marketing for products available through the Services, as well as for other products and services (which marketing may be personalized based on the information that we have about you). 

We use your personal information to improve the Services.  For example, understanding how you and our other users use the Services. 

We use your personal information to investigate theft and secure the Services.  For example, detecting unauthorized use of the Services or your Services account and complying with applicable law. 

4. When and With Whom We Share Personal Information

We share personal information with our service providers, to help us provide you with the Services or the products you purchase through them.  For example, we share your shipping address with the third party that provides fulfillment services for the Services, and share your order history with the third party that provides customer support and processes returns for the Services.  We require these service providers to treat the information we share with them as confidential and to use it only for providing their services.

We share personal information with third parties: (a) when you direct us to do so; (b) when required by law or to respond to legal process; and (c) to protect our property or rights, or the safety of our employees, our customers, or others.  We also share your personal information with third parties in the following limited circumstances: 

  1. Social Media Companies. You may interact with parts of our Services that cause information to be published to your social networks.  For example, you may click on a Facebook “like” button, which publishes to your Facebook account that you “like” one of the products for sale through our Services.  On those parts of our Services with social network functionality, a social network may be able to collect information about you.  For example, if a page contains a Facebook “like” button, Facebook may be able to collect data about your visit to that page, even if you don’t click on the “like” button.  To control this sharing of information, please review the privacy policy of the relevant social network and/or sign out of it before you use our Services.
  2. Online Advertising Partners. We may use cookies to deliver personalized advertising to you when you visit other websites, including advertising based on the products you viewed on our Services. We also allow our partners, including advertisers and service providers, to use cookies and similar tracking technologies when you use our Services. For more information about the use of cookies and other tracking technologies on our Services, please see the section regarding “Cookies,” below.
  3. Potential Purchasers of our Business. If we enter into a potential or actual merger, acquisition, or sale of all or a portion of our assets, then information about you will, in most cases, be shared or transferred as part of the transaction.  This includes information that personally identifies you.  If this Policy will be changed as a result of such a transaction, you should see the section regarding “Changes,” below.  
  4. Government Entities When Required by Law or to Protect Ourselves or Others. There are times when we may be required by law to disclose information about you to third parties. This may happen with or without your consent, and with or without notice, in compliance with applicable law or the terms of valid legal process such as a subpoena, court order, or search warrant.  A non-governmental entity, such as a civil litigant, can seek information that personally identifies you or your use of the Services only pursuant to a court order.  If we are required to give information that personally identifies you to a private third party in response to a civil court order for the Services, we will notify you prior to making such disclosure unless legally prohibited from doing so.  We may also disclose information that personally identifies you as permitted by law and without your consent when it is necessary to protect our users, customers, employees, or property; in emergency situations; or to enforce our rights under our terms of service and policies.

If we share your personal information with our affiliates or other companies for their own marketing and advertising purposes, we will obtain your consent to the extent required by applicable law.  This may by through opt-in or opt-out settings, depending on the type of personal information shared. 

We may also share personal information that does not identify you with third parties for their own marketing and advertising purposes, which you can opt out of.  This mainly occurs when you interact with our websites and mobile applications that contain third-party cookies or other advertising trackers.  To learn more about this, please see the section regarding “Cookies,” below.

5. How We Protect Personal Information

We follow industry-standard practices to prevent the unauthorized access, use, or disclosure of any personal information we collect and maintain.  These security practices include technical, administrative, and physical safeguards, which may vary, depending on the type and sensitivity of the information. Although we take the responsibility of safeguarding your personal information seriously, no security measures are 100% effective and we cannot guarantee that these practices will prevent every unauthorized attempt to access, use, or disclose your information. 

6. How Long We Keep Personal Information

We keep personal information for different lengths of time depending on the type of information and the business and legal requirements.  For example, if you have an account for the Services, then we keep information that personally identifies you for as long as that account exists.  If you no longer have an account for the Services, we still may need that information for business and legal requirements, such as to protect against fraud, calculate taxes, or respond to legal requests.  Other information is deleted automatically after a set period of time, often set by law, unless we are legally required to hold it longer, such as for pending litigation.  We destroy, de-identify, or anonymize the information when it is no longer needed in identifiable form.

7. The Choices You Have To Control Our Use of Personal Information

If you are a registered user of the Services, you may access and update your registration information and your preferences to receive email or other communications from us by logging onto the Services and visiting your account profile page or by sending an email to support@bynotch.com.

Each marketing email we send will contain information on how to unsubscribe from our marketing mailing list.  You can also unsubscribe by sending an email with the subject line “Unsubscribe” to support@bynotch.com.

Please allow up to 14 days for changes to take effect.  While we make efforts to accommodate requests to restrict our use of your information, we reserve the right to delete all or any portion of your information if we are not able to reasonably accommodate a requested restriction.

For choices regarding cookies and interest-based advertising, please see the relevant sections, below.

8. Cookies

This section explains how we and our partners, including advertisers and service providers, use cookies and similar tracking technologies when you use the Services. 

a. What are Cookies? Like many companies, we use cookies (small files placed on your computer or device) and other common tracking technologies on the Services, including HTTP cookies, HTML5 and Flash local storage/flash cookies, web beacons/GIFs, embedded scripts, ETags/cache browsers, and software development kits (referred to together from this point forward as “Cookies,” unless otherwise stated).

b. Types of Cookies. The Services use the following types of Cookies for the following purposes:

    1. Strictly Necessary Cookies. These Cookies are required for Service functionality, including for system administration, security, and fraud prevention, and to enable any purchasing capabilities. If you block or delete these Cookies, then some parts of the Services may not function properly.
    2. Analytics Cookies. These Cookies collect data regarding your use of the Services.  We and our vendors use these Cookies to perform analytics, to improve the content and user experience, for statistical purposes, to improve the Services, and develop new ones.
    3. Functional Cookies.  These Cookies enable us to provide certain features, such as determining if you are a first-time visitor, capping message frequency, remembering choices you have made (e.g., your language preferences, time zone), and assist you with logging in after registration (including across platforms and devices). 
    4. Targeted Advertising Cookies. These Cookies collect data about your website visits, your use of the Services, your preferences, and your interaction with advertisements across platforms and devices for the purpose of delivering targeted advertising on and off the Services.  Third-party sites and services also use Targeted Advertising Cookies to deliver content, including advertisements relevant to your interests on the Services and third-party services.  If you block or delete these Cookies, you will still see advertising, but it may be less relevant.
    5. Social Media Cookies. Social media platforms place these Cookies on the Services to enable you to share content with your friends and networks.  By using these Cookies on other websites, social media platforms have the ability to track your online activity outside of the Services.  This may impact the content and messages you see on other services you visit.
We and third parties may associate information collected from Analytics and Performance Cookies, Functional Cookies, Targeted Advertising Cookies, and Social Media Cookies with other information about you.
c. Cookie Management.

You can use the methods described below to manage Cookies.  You must take these steps on each browser or device that you use.  If you replace, change, or upgrade your browser or device, or delete your cookies, you may need to use these opt-out tools again.

i. Browser Controls. You may be able to disable and manage some Cookies through your browser settings.  If you use multiple browsers on the same device, you will need to manage your settings for each browser.  Please click on any of the below browser links for instructions:

Google Chrome 

Apple Safari 

Mozilla Firefox 

Microsoft Internet Explorer 

If the browser you use is not listed above, please refer to your browser’s help menu for information on how to manage Cookies.  Please be aware that disabling Cookies will not disable other analytics tools we may use to collect information about you or your use of our Services.

ii. Analytics Provider Opt-Outs. To disable analytics Cookies you can use the browser controls discussed above or, for the following providers, you can use their individual opt-out mechanisms. 

Google's Privacy Policy

Google Analytic’s Opt Out

Adobe's Privacy Policy

Adobe Experience's Opt-Out

iii.  Flash Local Storage.  These Cookies are also known as local shared objects and may be used to store your preferences or display content by us, advertisers, and other third-parties.  Flash Cookies need to be deleted in the storage section of your Flash Player Settings Manager.  Learn more about deleting these Cookies.

iv. Targeted Advertising. Most third-party advertisers offer a way to opt out of their targeted advertising.  For more information visit the section regarding “Interest-Based Advertising,” below, or, for the following providers, you can use their individual opt-out mechanisms. 

Google's Privacy Policy

Google's Opt-Out Page

Facebook's Privacy Policy

Facebook's Opt-Out Page

Twitter Privacy Policy

Twitter's Opt-Out Page

These are examples of our advertising providers, but the list is not exhaustive.  In addition, we are not responsible for the effectiveness of any of these providers’ opt-out mechanisms.

After you opt out, you will still see advertisements, but they may not be as relevant to you.

e. Consequences of Deactivating Cookies. If you disable or remove Cookies, some parts of the Services may not function properly.  Information may still be collected and used for other purposes, such as research, online services analytics or internal operations, and to remember your opt-out preferences. 

9. Interest-Based Advertising and Ad Choices

Our Services adhere to the Digital Advertising Alliance (DAA) Self-Regulatory Principles.  For more information or to opt out of receiving targeted advertising from participating third-party advertisers, please visit https://youradchoices.com

If you would like to opt out of browser-based cross-device tracking for advertising purposes, you may do so by opting out using the various methods described above.  You must opt out separately on each device and each browser that you use. For more information about cross-device matching, please visit the Network Advertising Initiative or the Digital Advertising Alliance.  If you opt out of cross-device tracking for advertising purposes, we may still conduct cross-device tracking for other purposes, such as analytics.

After you opt out, you will still see advertisements, but they may not be as relevant to you.

10. “Do-Not Track” Signals

Our Services do not respond to “Do Not Track” signals sent from Web browsers, because definitions and rules for a “Do Not Track” standard have not yet been established.

11. Changes to this Policy

We may change this Policy over time as our business needs and the needs of our users change.  If we make material changes to this Policy that increase our rights to use or share personal information that we have previously collected about you, we will notify you through written, electronic, or other means so that you can make any necessary decisions about your ongoing use of our Services.

12. How to Contact Us With Questions

If you have questions about this Policy or our collection, use, or sharing of your personal information, please send us a message at privacy@bynotch.com.  Be sure to include your name and a daytime telephone number where we can reach you.