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INTERMIX Privacy Policy

Last Modified: 5.19.2022

Introduction 

Intermix Holdco, LLC (“Company”, “us” or “we”) respects your privacy and is committed to protecting it through our compliance with this privacy policy.

This privacy policy describes the types of information we may collect from you or that you may provide when you visit the website intermixonline.com (the “Site”), when you create an account with us to use the Site, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This privacy policy is part of the Terms of Use applicable to the use of our Site. Please review this privacy policy together with the Terms of Use, to understand all of your rights and obligations, and how we operate our Site.

This privacy policy applies to information we collect:

  • On the Site;
  • In email, text, and other electronic messages between you and the Site;
  • Through mobile and desktop applications, if any, that you download from the Site;
  • When you interact with our advertising and applications on third-party websites and services, if such advertising or applications include links to this privacy policy; and
  • Through any other means associated with or relating to the Site.

This privacy policy does not apply to information collected by:

  • us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
  • any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site.

Please read this privacy policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site. By accessing or using this Site, you agree to the terms of this privacy policy.

This privacy policy may change from time to time. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the privacy policy periodically for updates.

Data About Children

Our Site is not intended for children under eighteen (18) years of age. No one under age eighteen (18) may provide any personal information to us or on or through the Site.

We do not knowingly collect personal information from children under the age of sixteen (16). If you are under sixteen (16), do not use or provide any information on this Site or on or through any of its features or register on the Site (if such feature is available), make any purchases through the Site (if such feature is available), use any of the interactive or public comment features of this Site (if such feature is available) or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under sixteen (16) years of age without verification of parental consent, we will delete that information.

If you believe we might have any information from or about a child under the age of sixteen (16), please contact us at legaldepartment@intermixonline.com.

Information We Collect About You and How We Collect It

We may collect several types of information from and about users of our Site (some of which is considered “personal information” pursuant to applicable law), including:

  • Information by which you may be personally identified, such as name, mailing address, e-mail address, telephone number, or any other information that the Site collects, which applicable law may consider personally identifiable, personal information, personal data, and other such designations;
  • Information about the device you use to access the Site;
  • Your IP address, Identifier for Advertisers (“IDFA”), Android/Google Advertising ID, International Mobile Equipment Identity (“IMEI”), or another unique identifier;
  • Your device characteristics and functionality (including information about your operating system, hardware, mobile network, browser, browser language, etc.);
  • Referring and exit web pages and URLs;
  • Payment information, such as credit card number, bank card numbers, cheque, and other payment details;
  • Order and refund history;
  • Your browsing history, including the areas within our Site that you visit and your activities there, including remembering you and your preferences;
  • Your device location or other geolocation information, including the zip code, state or country from which you accessed the Site;
  • Certain other device data, including the time of day you visit our Site; and
  • Information about your internet connection and internet provider.

We collect this information:

  • Directly from you when you provide it to us, such as when filling in forms on the Site (including when you register for an account, subscribing to a service, signing up for a loyalty program, or requesting something from us, or when you fill out surveys).
  • Automatically as you navigate through the Site, including through the use of cookies, web beacons, and other tracking technologies (including information about your network or computing device);
  • From third parties, for example, our business partners;
  • Records and copies of your correspondence (including email addresses), if you contact us through the Site;
  • When you engage in transactions on our Site;
  • When you run searches on our Site;
  • When you connect a social media account to  your online account (if such feature is available); and
  • When you contact our customer service agents, if available.

Automatic Data Collection Technologies

As you navigate through and interact with our Site, we may use automatic data collection technologies to collect certain information about you, your equipment, your technology providers, and your activities, including:

  • Details of your visits to our Site, including traffic data, browsing patterns, location data, logs, and other communication data and the resources that you access and use on the Site; and
  • Information about your device and about your internet connection and service provider, including:
      • Your IP address, IDFA, Android/Google Advertising ID, IMEI, or another unique identifier;
      • Your device functionality (including information about your operating system, hardware, mobile network, browser, browser language, etc.);
      • Referring and exit web pages and URLs;
      • Your browsing history, including the areas within our Site that you visit and your activities there, including remembering you and your preferences;
      • Your device location or other geolocation information, including the zip code, state or country from which you accessed the Site;
      • Your device characteristics;
      • Certain other device data, including the time of day you visit our Site; and
      • Information about your internet connection and internet provider.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically may be statistical data and may also include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. This information enables us to:

  • Allow you to use and access the Site, including preventing fraudulent activity and improving security functionality;
  • Assess the performance of the Site, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Site;
  • Offer you enhanced functionality when accessing the Site, including identifying you when you sign into our Site, and keeping track of your specified preferences;
  • Deliver content relevant to your interests on our Site and third-party sites based on how you interact with our advertisements and/or content;
  • Estimate our audience size and usage patterns;
  • Speed up your searches; and
  • Analyze our services and products and perform market research.

When you visit or leave our Site by clicking a hyperlink or when you view a third-party site that includes our plugins or cookies (or similar technology), we may automatically receive the URL of the site from which you came or the one to which you are directed.

We may also receive location data passed to us from third-party services or GPS-enabled devices that you have set up, which we may use for fraud prevention and security purposes. For location information, we may use this information to provide customized services, content, and other information that may be of interest to you. If you no longer wish for us, our affiliates, or our service providers to collect and use location information, you may disable the location features on your device. Consult your device manufacturer settings for instructions on how to do this. Please note that if you disable such features, your ability to access certain features, services, content, or products may be limited or disabled.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Among other uses, the Site uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS. Note that while you can set your browser to not allow cookies, we may not be able to honor that request, and may track your activity and collect information about you and your online activities even when the browser is set to “do not track”;
  • Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies and you may not be able to shut down our collection of and use of information through this technology;
  • Web Beacons, Pixels and Tags. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity);
  • Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as information about the links you click on;
  • ETag, or entity tag. An ETag, or entity tag, is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. It is one of several mechanisms that HTTP provides for web cache validation. These allow websites to be more efficient and not serve content again, when data is already cached and ready to view;
  • Fingerprinting. Fingerprinting refers to the collection and analysis of information from your device, such as your operating system, plug-ins, system fonts and other data, for purposes of identification;
  • Recognition Technologies. Recognition technologies refers to various technology features used by websites, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user); and
  • Log Files. These track actions occurring on our Site, and which help us collect your IP address, browser type, Internet service provider, the webpages from which you came or to which you go before and after visiting our Site, and the date and time of your visits.

Google Analytics

We use Google Analytics, a service provided by Google, Inc. (“Google”) for various purposes, including potentially to analyze traffic on our Site, to grow our business, to improve and develop our services, to monitor and analyze use of our services, to aid our technical administration, to increase the functionality and user-friendliness of our services, and to verify that users have the authorization needed for us to process their request. Google may collect your IP address, and other information (although typically not your name), and utilizes the data collected to track and examine the use of our Site, and to prepare reports for us based on your activities online, among other uses. As part of Google Analytics, Google tracks many variables, including what website you visited prior to coming to our Site, how long you stay on a particular page, and your geographic location. Please be aware that Google uses the data it collects from our Site for its own purposes, and we do not control or direct such usage. Please visit Google’s privacy policy to understand how Google uses the information it collects: https://policies.google.com/privacy?hl=en-US.

You may be able to opt out of the use of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout/.

Behavioral Advertising

We may use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

Do Not Track

Do Not Track (“DNT”) is a concept promoted by certain regulatory authorities and industry groups for development and implementation of a mechanism that would allow internet users to control the tracking of their online activities across websites. Currently, various browsers (including Internet Explorer, Firefox, and Safari) offer a DNT option that allows a user to set a preference in the browser to not have his/her activities on the internet tracked. You can usually access your browser's DNT option in your browser's preferences. When a user’s browser is set to DNT, some cookies and other tracking technologies may become inactive, depending on how the website visited responds to DNT browser settings. If that occurs, the website visited will not recognize you upon return to that website, save your passwords or user names, and some other features of a website may become unavailable or not function properly. Given the lack of a standard in the industry or any clear regulatory guidance on this issue, we do not comply with DNT signals from your browser at this time.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Site may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We may use information that we collect about you or that you provide to us, including any personal information:

  • To present our Site and its contents to you;
  • To provide you with information, products, or services that you request from us;
  • To fulfill any other purpose for which you provide it;
  • To provide you with notices about your account and/or the Site;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, if needed;
  • To notify you about changes to our Site or any products or services we offer or provide though it;
  • To allow you to participate in interactive features on our Site, if any;
  • To develop and create our products and services;
  • For behavioral tracking, profiling and advertising;
  • For any other purpose as needed for our business;
  • In any other way we may describe when you provide the information;
  • For any other purpose with your consent;
  • To contact you about our own and third-parties' goods and services that we think may be of interest to you; and
  • To enable us to display advertisements to our advertisers' target audiences.

Aggregated Information. 

We may aggregate and/or anonymize personal information so that it will no longer be considered personal information. We do so to generate other data for our use, which we may use and disclose for any purpose. For example, we may calculate the percentage of our site users who have a particular telephone area code.

Updating Personal Information

We prefer to keep your personal information accurate and up to date. If you would like to change your contact information, please contact us at info@intermixonline.com. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records).

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates;
  • To contractors, service providers, and other third parties we use to support our business and assist us in providing services and offering our products;
  • To social media platforms, if you choose to connect your account with any social media pages, or if you log in to your account on the Site through those accounts (if such functionality is available to you);
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company's assets or stock, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Site users is among the assets transferred;
  • To third parties to market their products or services to you;
  • To fulfill the purpose for which you provide it;
  • For any other purpose disclosed by us when you provide the information; and
  • With your consent.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties. 

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including responding to any government or regulatory request; 
  • To enforce or apply the Terms of Use, including this privacy policy, and any other agreements between us, including for billing and collection purposes; and
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Data Security

We have implemented measures intended to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and to change your password from time to time. We also highly recommend that you use a password that is dissimilar to and cannot be easily found by unauthorized third parties who may have obtained your login credentials to other sites. Keep in mind that if you use the same password for all websites, if someone obtains your credentials for one site, they may be able to then use those credentials to log into any other site you use.

Unfortunately, the transmission of information via the internet is not completely secure. Although we try to protect your personal information, we cannot guarantee the security of your personal information transmitted through or collected through the use of our Site. Any transmission of personal information is at your own risk.

We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account, if applicable. We may also post a notice on the Site home page. The date this privacy policy was last revised is identified at the top of this page. You are responsible for periodically visiting our Site and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

1440 Broadway, 5th Floor

New York, NY 10018

1-855-446-4943

legaldepartment@intermixonline.com

 

YOUR CALIFORNIA PRIVACY RIGHTS

This section of the privacy policy applies solely to California residents.

We adopt this Section of the privacy policy in order to comply with the California Consumer Privacy Act of 2018 (“CCPA”).  Certain terms used in this Section of the privacy policy are defined in, and shall have the meanings ascribed to them in the CCPA. 

Note that the term “Personal Information”, as used in this California Specific Section of the privacy policy uses the term as it is defined in the CCPA, and not as defined in the main body of this policy. 

California Residents

California Civil Code Section § 1798.83, known as the “Shine The Light” law, permits users of our Site who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding year, and the names and addresses of those third parties.  You may request this information from us no more than once a year, but such request will be handled by us free of charge to you.  To make such a request, please send an email to legaldepartment@intermixonline.com.

Do Not Track

Please see DNT disclosure set forth in main body of this Policy.

Data Collection

We have collected the following categories of Personal Information within the last twelve (12) months:

Category of Personal Information

Categories of Sources of Collection

Business or Commercial Purpose for Collection

A. Identifiers.

Social Media Platforms

Third-party vendors, affiliates and business partners

Provided by customers

From platform activity

Provided by business partners

Provided by website users

To provide our products and services

To improve our products and services

To analyze and understand our website and our business

To market our products and services

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

Third-party vendors, affiliates and business partners

Provided by customers

Collected from platform activity

Provided by website users

To provide our products and services

To improve our products and services

To analyze and understand our website and our business

To market our products and services

C. Protected classification characteristics under California or federal law.

Third-party data vendors

Provided by employees

To provide our products and services and improve them

To run our business

To offer employment, to provide insurance and benefits, for background checks

D. Commercial information.

Provided by customers

Internal Records

To provide our products and services

To maintain business relationship with partners

E. Biometric information.

None

None

F. Internet or other similar network activity.

Activity on platform by customers, site users and employees

To provide our products and services and improve them

To market our products and services

To track employee actions for internal reports and information security purposes

G. Geolocation data.

None

None

H. Sensory data.

None

None

I. Professional or employment-related information.

Publicly available information

Third-party data vendors

Business partners

Job applicants

Employees

To provide our products and services and improve them

To market our products and services

To provide employment opportunities and employee benefits

J. Inferences drawn from other Personal Information.

Provided by website users and customers

To provide our products and services and improve them

To market our products and services

For research and development

We do not knowingly collect any Personal Information of persons under the age of 16.

California Consumer Rights Pursuant to the CCPA

California consumers have specific rights regarding how your Personal Information is collected and used.

  • You have the right to request that we disclose to you or your authorized agent acting on your behalf the following information covering the past twelve (12) months:
    • Specific pieces of Personal Information that we have collected;
    • Categories of Personal Information collected;
    • Categories of sources from which Personal Information is collected;
    • Categories of Personal Information sold or disclosed for a business purpose.
    • Categories of third parties to whom we sold or disclosed the Personal Information for a business purpose;
    • Our business purpose for collecting (or selling) Personal Information;
  • You have the right to request deletion of your Personal Information (with exceptions noted by law – more on this below);
  • You have the right to request that your Personal Information not be sold to third parties; and
  • You have the right not to be discriminated against because you exercised these rights.

Data Deletion

As permitted by the CCPA, in the event you request deletion of Personal Information that we have collected about you, we may be unable to comply with such a request if your Personal Information is necessary to:

  • Complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you;
  • Detect security incidents, protect against malicious deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • Debug to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another Consumer to exercise his or her right of free speech, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with section 1546) of Title 12 of Part 2 of the Penal Code;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of that information is likely to render impossible or seriously impair the achievement to such research, if you have provided informed consent;
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  • Comply with a legal obligation; or
  • Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Specifically, we will not do any of the following unless permitted by the CCPA:

  • Deny you goods or services;
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Do Not Sell My Personal Information

We sell Personal Information, as the term “sale” is defined pursuant to the CCPA. 

As a California consumer, you have the right to opt out of the sale of your Personal Information to third parties.

In the twelve (12) months prior to the posting of this Policy, we have sold to third parties the categories of Personal Information about California residents set forth below:

Categories of Personal Information Sold

Categories of Third Party to Which Personal Information Was Sold

  1. Identifiers.
  2. Commercial information.
  3. Internet or other similar network activity.
  4. Inferences drawn from other Personal Information.
  1. Our business partners
  2. Online service providers (e.g., analytics, cookies) used on our Site

Data Sharing

In the twelve (12) months prior to the posting of this Policy, we have disclosed for a business purpose the categories of Personal Information about California residents set forth below:

Category of Personal Information Disclosed for a Business Purpose

Category of Persons to Whom Personal Information Was Disclosed

  1. Identifiers.
  2. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
  3. Protected classification characteristics under California or federal law.
  4. Commercial information.
  5. Biometric information.
  6. Internet or other similar network activity.
  7. Professional or employment-related information.
  8. Educational information.
  9. Inferences drawn from other Personal Information.

Our affiliates and service providers

Our customers

The general public, via our free public website

How to Exercise Your CCPA Rights

You can exercise all of your rights granted to you pursuant to the CCPA by contacting us at legaldepartment@intermixonline.com.

California law requires us to verify your identity before processing your request. In order to make a request pursuant to the CCPA, you must provide us with your name, address, and any login account information you use on the Site. If you are requesting specific pieces of Personal Information that we have collected about you, you will also be required to email us at legaldepartment@intermixonline.com a signed declaration under penalty of perjury that you are a California resident and that you are the consumer whose Personal Information is the subject of the request. Note that we will not process your request to disclose specific pieces of information we have about you until we receive this signed declaration, and your request will not be considered timely submitted until we have this document in our possession. 

We will review the information you have provided against the information in our databases, and attempt to verify your identity.  However, please note that under certain circumstances, we may require you to provide additional information in order to allow us to confirm your identity and your residency before we can process your requests.  Also note that you are only entitled to make a Personal Information request up to twice in a 12-month period.

If (or when) you submit your CCPA request by email, please include “California Privacy Rights” as the subject line. If you make a request to exercise your rights under the CCPA by telephone, we may ask you to provide the request in writing so that we may verify your identity.

We will acknowledge your request within 10 days and respond to your request within 45 days or let you know if we need additional time or information to verify your identity (and if so, why).

Using an Authorized Agent

A California resident may use an authorized agent to submit a right to know request, a request to delete, or a request to opt-out of the sale of Personal Information by emailing us at legaldepartment@intermixny.com. To use an authorized agent for these purposes, both the resident and the agent will be required to verify their identities with us. For this purpose, the agent will be required to submit a request with their first and last name and email address, and the following information about the consumer on whose behalf they are making the request: name, address, and any login account information you use on the Site.  In addition, the agent will be required to provide via email written authorization from the consumer to act on their behalf in making these requests. If we cannot authenticate the identity of the agent making the request, we may also require that the consumer confirm directly with us that they have in fact authorized their agent to act on their behalf. We may deny a request from an agent who cannot meet these requirements.  If the agent has provided a power of attorney pursuant to Cal. Prob. Code Sections 4121 to 4130, then the verification that the consumer has authorized the agent to act on their behalf will not be necessary. 

 

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