Rad & Happy and www.RadAndHappy.com Privacy Policy

Rad & Happy Privacy Policy

Version 1.0 

Last Revised: 8/23/2017  

Rad & Happy (“Company”) is committed to protecting your privacy.  We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at http://shop.radandhappy.com, our mobile application (“Application(s)”), and our widgets (collectively, the “Site”) and online services (“Services”). 

1.               Questions; Contacting Company; Reporting Violations.  If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address: 

Attn: Legal

PO Box 51008

Bowling Green, KY 42102 

2.               User Consent.  By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy. 

3.               A Note About Children.  We do not intentionally gather Personal Data from visitors who are under the age of 13.  If a child under 13 submits Personal Data to Company and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible.  If you believe that we might have any Personal Data from a child under 13, please contact us at [email protected]   

4.               A Note to Users Outside of the United States.  If you are a non-U.S. user of the Site, by visiting the Site and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy.  In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.  By providing your data, you consent to such transfer.      

5.               Types of Data We Collect.  “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.  “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons.  We collect Personal Data and Anonymous Data, as described below. 

(a)             Information You Provide to Us.   

·         We may collect Personal Data from you, such as your first and last name, gender, e-mail and mailing addresses, professional title, company name, and password when you create an account to log in to our network (“Account”). 

·         If you use our Services on your mobile device, including through our Application(s), we may collect your phone number and the unique device id number. 

·         If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising.   If you want to deactivate this feature, you can either reinstall the Application(s) or deactivate GPS on your mobile device. 

·         Our Site may let you store preferences like how your content is displayed, your location, safe search settings, and favorite widgets.  We may associate these choices with your ID, browser or the mobile device, and you can edit these preferences at any time. 

·         When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.

·         Certain Services may require our collection of your phone number.  We may associate that phone number to your mobile device identification information. 

·         When you order products or services on our Site, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information. We do not store this information directly on our servers, but this information may be shared with third parties who will help process and fulfill your purchases.  When you submit credit card numbers, we encrypt that information using industry standard technology.

·         We retain information on your behalf, such as files and messages that you store using your Account. 

·         If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. 

·         When you post content (text, images, photographs, messages, comments or any other kind of content that is not your e-mail address) on our Site, the information contained in your posting will be stored in our servers and other users will be able to see it, along with your profile photo and any other information that you choose to make public on your public profile page (“Profile”).  The information that you provide in your Profile will be visible to others, including anonymous visitors to the Site.

·         When you post messages on the message boards of our Site, the information contained in your posting will be stored on our servers and other users will be able to see it.

·         When you participate in one of our surveys, we may collect additional profile information.

  ·         We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via e-mail regarding support for the Services. 

·         If you participate in a sweepstakes, contest or giveaway on our Site, we may ask you for your e-mail address and/or home number (to notify you if you win or not).  We may also ask for first and last names, and sometimes post-office addresses to verify your identity.  In some situations, we may need additional information as a part of the entry process, such as a prize selection choice.  These sweepstakes and contests are voluntary.  We recommend that you read the rules for each sweepstakes and contest that you enter. 

·         We may also collect Personal Data at other points in our Site that state that Personal Data is being collected. 

(b)             Information You Provide to Facebook and other Social Networking Sites.  The Services allow users to access Facebook and other social networking sites (“SNS”) to interact with friends and to share content.  If you are already logged into the Services and Facebook or another SNS, when you click on “Connect with Facebook,” or a similar connection on another SNS, you will be prompted to merge your profiles. If you are already logged into the Services but not logged into Facebook or another SNS that we support, when you click on “Connect with Facebook,” or a similar connection on another SNS, you will be prompted to enter your SNS credentials or to “Sign Up” for the SNS.  By proceeding, you are allowing the Services to access your information and you are agreeing to the Facebook or other SNS’s Terms of Use in your use of the Services.  Conversely, if you are not currently registered as a user of the Services, and you click on “Sign in” using Facebook or another SNS that we support, you will first be asked to enter your Facebook or SNS credentials and then be given the option to register for the Services.  In this case, we may receive information from Facebook or another SNS to make it easier for you to create an Account on the Site and show our relevant content from your Facebook or SNS friends.  Once you register on the Site and connect with Facebook or another SNS, you will be able to automatically post recent activity back to Facebook or the other SNS.  Any information that we collect from your Facebook or other SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices.  You have the option to disable Facebook Connect at any time by logging into your Account through the Site and going to settings, “About Me,” “Linked Accounts,” and then unselecting “Facebook.”  Further, you can edit privacy settings for the reviews that appear on Facebook or disconnect your Services activity stream by visiting the Facebook Applications Settings page. 

(c)              Information Collected via Technology. 

·         Information Collected by Our Servers.  To make our Site and Services more useful to you, our servers (which may be hosted by a third-party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. 

·         Log Files.  As is true of most websites, we gather certain information automatically and store it in log files.  This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data.  We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs.  For example, some of the information may be collected so that when you visit the Site or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests.  Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.

·         Cookies.  Like many online services, we use cookies to collect information.  “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website.  We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site.    This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs. 

·         Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs).  Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users.  In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages.  Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users.  We may use this information to reduce or eliminate messages sent to a user.  We do not tie the information gathered by Pixel Tags to our users’ Personal Data. 

·         Collection of Data by Advertisers.  We may also use third parties to serve ads on the Site.  Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Site (but not your name, address, e-mail address or telephone number).  They do this by using Cookies, Pixel Tags, or other technologies.  Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Site and the other sites tracked by these third parties.  This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.aboutads.info/choices or http://www.networkadvertising.org.

·         How We Respond to Do Not Track Signals.  We do not currently respond to “do not track” signals or other mechanisms that might enable Users to opt out of tracking on our site. 

·         Mobile Services.  We may also collect non-personal information from your mobile device if you have downloaded our Application(s).  This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the Application(s), and information about the type of device you use.   In addition, in the event our Application(s) crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application(s).  This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual. 

·         Analytics Services and Interest-Based Advertising.  In addition to the tracking technologies we place, other companies may set their own cookies or similar tools when you visit our Site.  This includes third party analytics services, including but not limited to Google Analytics (“Analytics Services”), that we engage to help analyze how users use the Site, as well as third parties that deliver content or offers.  We may receive reports based on these parties’ use of these tools on an individual or aggregate basis.  We use the information we get from Analytics Services only to improve our Site and Services.  The information generated by the Cookies or other technologies about your use of our Site and Services (the “Analytics Information”) is transmitted to the Analytics Services.  The Analytics Services use Analytics Information to compile reports on user activity.  The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ Terms of Use and Privacy Policy.  By using our Site and Services, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above.    We may also partner with ad companies to support out marketing efforts, including by serving you ads better tailored to your likely interests.  If you don’t want to take advantage of these services, you may be able to opt-out by visiting http://www.aboutads.info/ or http://networkadvertising.org/choices/ , or if you are located in the EU, http://www.youronlinechoices.eu/.    

(d)             Information Collected from Third Party Companies.  We may receive Personal and/or Anonymous Data about you from companies that provide our Services by way of a co-branded or private-labeled website or companies that offer their products and/or services on our Site.  These third party companies may supply us with Personal Data.  We may add this information to the information we have already collected from you via our Site in order to improve the Services we provide. 

(e)             Location Information.  If you have enabled location services on your phone, we collect your location information to make a map available to the recipients of your messages showing your location.  If you do not want this information collected by us, you can disable location services on your phone. 

6.               Use of Your Personal Data 

(a)             General Use.  In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better.  We use your Personal Data in the following ways:

·       facilitate the creation of and secure your Account on our network; 

·       identify you as a user in our system; 

·       provide improved administration of our Site and Services; 

·       provide the Services you request;

·       improve the quality of experience when you interact with our Site and Services;

·       send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;

·       send you administrative e-mail notifications, such as security or support and maintenance advisories; 

·       respond to your inquiries related to employment opportunities or other requests;

·       make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback; and

·       send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Company. 

(b)             User Testimonials and Feedback.  We often receive testimonials and comments from users who have had positive experiences with our Services.  We occasionally publish such content.  When we publish this content, we may identify our users by their first and last name and may also indicate their home city.  We obtain the user’s consent prior to posting his or her name along with the testimonial.  We may post user feedback on the Site from time to time.  We will share your feedback with your first name and last initial only.  If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback.  If you make any comments on a blog or forum associated with your Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages.  We are not responsible for the personally identifiable information you choose to submit in these blogs and forums. 

(c)              Creation of Anonymous Data.  We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you.  We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation.  We reserve the right to use Anonymous Data and aggregated and other de-identified information for any purpose and disclose Anonymous Data to third parties in our sole discretion. 

7.               Disclosure of Your Personal Data.  We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy. 

(a)             Third Parties Designated by You.  When you use the Services, the Personal Data you provide will be shared with the third parties that you designate to receive such information, including other websites, your friends, relatives and business associates.  Depending on the type of access you grant to such third parties, they may also be permitted to edit the information you have provided to us and to designate others to access and edit such information.  You may change your settings at any time as to who has access to your information by going to your account settings and changing your publishing options.

(b)             Users.  We will share your Personal data with other Users solely for the purpose of providing the Services. 

(c)              Third Party Service Providers.  We may share your Personal Data with third party service providers to:  provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to the Company.  These third party service providers are required not to use your Personal Data other than to provide the services requested by Company. 

(d)             Affiliates.  We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.  

(e)             Corporate Restructuring.  We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets.  In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy. 

(f)               Social Networking Sites.  Some of our Applications and Services may enable you to post content to SNSs (e.g., Facebook or Twitter).  If you choose to do this, we will provide information to such SNSs in accordance with your elections.  You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs.  We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs. 

(g)              Disclosure to Third Party Companies.  We may enter into agreements with companies that provide our Services by way of a co-branded or private-labeled website or companies that offer their products and/or services on our website (“Third Party Companies”). A Third Party Company may want access to Personal Data that we collect from its customers.  As a result, we may disclose your Personal Data to a Third Party Company; however, we will not disclose your Personal Data to any Third Party Company for the Third Party Company’s own direct marketing purposes, unless you have “opted-in” by following the instructions we provide to allow such disclosure.  If you have opted-in to receive e-mail communications from a Third Party Company and later wish to discontinue receipt of these e-mails, please contact the Third Party Company directly to update your preferences.  The privacy policies of these Third Party Companies may apply to the use and disclosure of your Personal Data that we collect and disclose to such Third Party Companies.  Because we do not control the privacy practices of Third Party Companies, you should read and understand their privacy policies. 

(h)             Public Profile.  Certain portions of the information you provide to us may also be displayed in your Profile.  As an essential element of the Services, most of the Personal Data you explicitly provide to us when you register or update your Profile is displayed on your Profile.  In order for your Profile to be made public, you must go to your profile settings and then to profile visibility.  By default, your Profile is not for public viewing.  Your photos, posts, friends, and other content you post to the Site are also meant for pubic consumption.  We may display this content on the Site and further distribute it to a wider audience through third party sites and services.  Once displayed on publicly viewable web pages, that information can be collected and used by others.  We cannot control who reads your postings or what other users may do with the information that you voluntarily post, so it is very important that you do not put Personal Data in your posts.  Once you have posted information publicly, while you will still be able to edit and delete it on the Site, you will not be able to edit or delete such information cached, collected, and stored elsewhere by others (e.g., search engines).  

(i)               Other Disclosures.  Regardless of any choices you make regarding your Personal Data (as described below), Company may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (c) to protect or defend the rights or property of Company or users of the Site or Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use. 

8.               Third Party Websites.  Our Site may contain links to third party websites.  When you click on a link to any other website or location, you will leave our Site and go to another site, and another entity may collect Personal Data or Anonymous Data from you.  We have no control over, do not review, and cannot be responsible for, these outside websites or their content.  Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites.  We encourage you to read the privacy policies of every website you visit.  The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites. Please also note that we are not responsible for the collection, usage, and disclosure policies and practices (including the data security practices) of other organizations whose products or services may be accessed through our products or services, including LinkedIn, Marketo, Google, Microsoft, or any other SNS, operating system provider, wireless service provider, technology reseller, partner or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Services.

9.               Your Choices Regarding Information.  You have several choices regarding the use of information on our Service: 

(a)             Email Communications.  We will periodically send you free newsletters and e-mails that directly promote the use of our Site or Services.  When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below).  Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy. 

(b)             Cookies.  If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below. 

(c)              De-Linking SNS.  If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook) linked to your Account, then you may de-link the SNS account in the “preferences” section in your account settings.  You may also manage the sharing of certain Personal Data with us when you connect with us through an SNS, such as through Facebook Connect.  Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device. 

(d)             Changing or Deleting Your Personal Data  All users may review, update, correct or delete the Personal Data in their user account (including any imported contacts) by contacting us on the Contact Us page or editing their profile. If you completely delete all of your Personal Data, then your user account may become deactivated.  We will use commercially reasonable efforts to honor your request.  We may retain an archived copy of your records as required by law or for legitimate business purposes.  

(e)             Applications.  You can stop all collection of information by the Application(s) by uninstalling the Application(s).  You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.  

Security of Credit Card and Bank Account Information.  For online payments and/or Automated Clearing House (ACH) payouts, we use the payment services of Braintree Merchant services.  We do not process, record or maintain your credit card or bank account information. 

·        Company is committed to protecting the security of your Personal Data.  We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure.  We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people.  No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Company uses reasonable efforts to protect your Personal Data, Company cannot guarantee its absolute security. 

10.            Changes to This Privacy Policy.  This Privacy Policy may be updated from time to time for any reason.  We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and we will change the “Last Updated” date above.  You should consult this Privacy Policy regularly for any changes.