Effective Date: January 1, 2020
We always seek to improve our Services to you, and that requires that we collect, store, share, and use information about you and your usage preferences. As we do so, we are absolutely committed to protecting your privacy and the security of your personal information.
1. DESCRIPTION OF SERVICES
2. LAWFUL BASIS AND CONSENT
When you enter into an agreement with us, either by accessing the Services, by executing an agreement in hard copy or by clicking “I Accept” or similar language online, we will process your Data for the purposes of fulfilling the terms of our contract with you. In that case, our processing of your Data is based on the contract, so your withdrawal of consent will only be effective after the purposes for processing that Data have been fulfilled and after we no longer have a legal obligation to keep that Data.
In all cases, we will comply with applicable law and we will cease processing your Data after the legal right, obligation, or other lawful basis expires.
3. INTENDED USERS
The Services are directed solely to persons 18 years of age or older or of children under 18 who are supervised by a parent, guardian, or other caregivers. Other than for Data collected for the specific purpose of providing the Services to users, we do not knowingly collect Data from users who are under 13. If we become aware that we have gathered Data from a person under 13, except to provide the Services to such person, then we will attempt to delete such Data as soon as possible, subject to our obligations under applicable law. If you believe that we have gathered Data from a person under 13 in contravention of this policy, please contact us at firstname.lastname@example.org.
4. DATA WE COLLECT AND HOW WE USE IT
Below, we have listed the categories of Data we collect. In each case, you and your use of the Services are the source of the Data we have collected. Over the last twelve months, we have collected those categories of Data (as indicated in the list below). We have also sold or shared with business associates the same categories of Data, all as described below. We always have a lawful basis for gathering the Data, but that lawful basis might be different for different categories, and we describe those uses below. Regardless, we never use the Data for any purpose other than the purpose for which we gathered the Data in the first place unless we get your prior explicit consent. If you have any questions about this section, please contact us at email@example.com.
A. Registration Data
- Category of Data and Description: Registration Data consists of the name, e-mail address, street address, and other contact information you provide us using the Services, both when you register your account and thereafter. Registration Data also includes your username, client type (e.g., ad-supported or paid membership), and membership end date, if any.
2. Lawful Basis and Business or Commercial Purpose for Collection and Processing: Our lawful basis and purpose for collecting processing Registration Data is to fulfill our contract with you. We can only provide certain of the Services to you if we have the Registration Data, so we need to store and access that Registration Data during the term of our contract. We may also use the Registration Data to email you offers and information regarding our products and services and to send push notifications to the app. Even when the Registration Data is not critically necessary to the provision of the Services, we may still process that Registration Data to facilitate our contractual interactions with you. We may also sell certain of the Registration Data to third parties to enable them to contact you and offer their services to you.
3. How We Use It and Who We Share It With: Registration Data is accessible only to us and, in certain circumstances, the parties to whom we may sell your Data. We use the Registration Data to provide the Services to you, including to allow us to identify you across different devices you may use. At times, we will share the Registration Data with third parties at your request or fulfill requests that you make of us. We may also sell your Data to third parties to allow them to learn about the overall market and to specifically market their services and products to you. For example, we sometimes sell your Data to third parties who manufacture and sell fragrances, either branded or wholesale and who serve as resellers of our products and services. Giving them access to your Data allows them to contact you and to understand the market better. Typically, fragrance houses (non-branded manufacturers) are not interested in personally identifiable information, but only in trends and statistics, and those would typically only get de-identified information. We may also use your Registration Data to offer our own goods or services to you via email and to provide push notifications to the app, either directly or through third-party platforms. You may opt-out of the sale of your Registration Data by visiting us at www.trypura.com/optout.
B. Engagement Data
- Category of Data and Description: Engagement Data consists of all the information you input or record using the Services, other than the Registration Data. It also includes all information that is proprietary to you regarding your use of the Services (other than the data that qualifies as “Usage Data” below) that is collected or processed by the Services. For example, Engagement Data would include the types of fragrances you purchase and use, the location and time of their use, patterns of use, and your preferences, which we would learn from surveys in which you participate.
2. Lawful Basis and Business or Commercial Purpose for Collection and Processing: Our lawful basis for processing Engagement Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Engagement Data we receive from you. If we sell your Engagement Data to a third party, the purpose would be to allow them to understand their market better, which allows them to more effectively meet their customers’ needs.
3. How We Use It and Who We Share It With: Your Engagement Data is accessible only to us, to you, to the companies to whom we may sell the Engagement Data, and where it relates directly toa party who either provides services to you or receives services from you, to that party, in which case that party will be obligated to protect the confidentiality of your Engagement Data. We do not share Engagement Data with other third parties other than provided herein, except at your specific request, but we may use Engagement Data to make inferences that help us provide and improve the Services and communicate offers to you for our own goods and services. Both during the term of our agreement with you and thereafter, we may also use Engagement Data in an anonymized and aggregated format that is not identifiable to any individual, and that anonymized and aggregated information belongs solely to us to use in our sole discretion (including to sell anonymized and aggregated information, which is not Data). To the extent we are required to delete any Engagement Data about you, we may still retain aggregated and anonymized information that may have originated as your Engagement Data. You may opt-out of the sale of your Engagement Data by visiting us at www.trypura.com/optout.
C. Usage Data
- Category of Data and Descriptio: Usage Data consists of the following and similar information:
- Information about your interactions with the Services, most commonly our website, which includes the date and time of any requests you make. This also may include details of your use of Third-Party Applications and any advertising you receive via the Services.
- The timing of the information you post to the Services including messages you send and/or receive via the Services and your interactions with our customer service team, but not including the content of those interactions and messages, which would be included as Engagement Data.
- Technical data which may include URL information, cookie data, your IP address, the types of devices you are using to access or connect to the Services, unique device IDs, device attributes, network connection type (e.g. WiFi, 4G, LTE, Bluetooth) and provider, network and device performance, browser type, language, information enabling digital
- rights management, operating system, and application version.
- Motion-generated or orientation-generated mobile sensor data (e.g. accelerometer or gyroscope), if any, required for the purposes of providing specific features of the Services to you.
2. Lawful Basis and Business or Commercial Purpose for Collection and Processing: Our lawful basis for processing Usage Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Usage Data we receive from you. If we sell your Usage Data to a third party, the purpose would be to allow them to understand their market better, which allows them to more effectively meet their customers’ needs.
3. How We Use It and Who We Share It With: Usage Data is accessible to us, to you, and to any company to whom we may sell it. We do not share it with third parties, except at your specific request, and as provided herein, but we may use Usage Data to make improvements to the Services. Both during the term of our agreement with you and thereafter, we may also use Usage Data in an anonymized and aggregated format that is not identifiable to any individual, and that anonymized and aggregated information belongs solely to us to use in our sole discretion (including to sell anonymized and aggregated information, which is not Data). To the extent we are required to delete any Usage Data about you, we may still retain aggregated and anonymized information that may have originated as your Usage Data. You may opt-out of the sale of your Usage Data by visiting us at www.trypura.com/optout.
D. Payment Data
- Category of Data and Description: Payment Data is only collected when your use of the Services is subject to the payment of a fee or other charge. Payment Data is the information necessary for us to process your payments for premium Services. Payment Data will vary depending on the payment method you use (e.g. direct via your mobile phone carrier or by invoice) but will include information such as:
- Date of birth;
- Credit or debit card type, expiration date, and certain digits of your card number;
- Address and postal code; and
- Mobile phone number
2. Lawful Basis and Commercial or Business Purpose for Collection and Processing: Our lawful basis for processing Usage Data is (1) our contract with you and (2) our legitimate interest in improving our Services based on the Payment Data we receive from you.
3. How We Use It and Who We Share It With: We only use Payment Data to facilitate payment, and we only communicate it to those parties who are strictly necessary for that purpose.
5. SPECIFIC INTERACTIONS
A. Current and Potential Employees
We often use the services of third parties to help us to recruit new employees and independent contractors and to manage our interactions with current employees and independent contractors. We do our best to contractually ensure that these third-party service providers comply with the policies we have adopted. However, we can’t guarantee their compliance in every case.
Our lawful basis for processing Data about potential and current employees and independent contractors is our contract with them and our legitimate interest in processing that Data, both to facilitate the formation of a formal relationship and to manage that relationship once it is formed. We only use employment Data for the direct purpose of the employment or independent contractor relationship, and we cease using it as soon as that relationship ends. However, we may keep and process that Data after the relationship ends when we are required to do so by applicable law or to preserve legal claims that may arise.
B. Employees of Business Partners
We do business with (and aim to do business with) many companies whose employees give us their contact information for communication regarding the services we render or receive from those businesses. We never sell that information and only use it for purposes of communicating with those companies. We may use that information for our own internal purposes to help us improve our business relations processes and practices.
C. Categories of Service Providers
In our continuing efforts to provide our Services in a manner that is convenient and helpful to a growing number of customers, we may sometimes use the services of service providers to help us manage the Data we process and manage our business. These services may include companies that provide software to help us manage our customer relationship including marketing to our customers, cloud services, and analytics services. Whenever we do so, we take commercially reasonable steps to ensure that our service providers do not sell or transfer the Data or use the Data for any purposes other than the services they are providing to us. Service providers include may advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, and consumer data resellers.
6. SHARING YOUR INFORMATION
Except where a specific limitation is noted above, we may share your Data as follows:
1. At Your Instruction. If you request us to make your Data available to a third party, and such a request furthers the purposes of our Services, we will do so.
2. Sharing with Vendors. In certain cases, we use the services of third-party vendors, to assist us in providing the Services. We may share your Data with such vendors solely for that purpose, and we will require those parties to abide by our privacy policies or privacy policies substantially in consonance with ours.
5. Service Providers. We may sometimes use a third party to provide specific Services on our behalf, including sending e-mails to our members, conducting member surveys, processing transactions or performing statistical analysis of our Services. In these cases, we may provide certain personal information, such as your name and e-mail address and other financial information necessary for the service to be provided. However, these third parties are required to maintain the confidentiality of this information and are prohibited from retaining, sharing, storing or using this information for any other purposes.
7. Business Transitions. In the event that we go through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, the information we have about you will, in most instances, be part of the assets transferred. We reserve the right to transfer that information in connection with such transactions without notice to you. We will not be required to obtain your consent for such a transfer.
8. Legal Disclosure. We may disclose your Information if required to do so by law or in the good faith belief that such action is necessary to conform to applicable law, comply with a judicial proceeding, court order or legal process served on us, protect and defend our rights or property, or investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our terms of service.
9. Publicly Disclosed Data. Certain items of Data are always publicly available, such as your username, people who follow your playlists, and the playlists you follow.
If we ever plan to use any Data in the future for any other purposes not identified above and we do not have a separate lawful basis for that new purpose for processing, we will only do so after obtaining your specific consent.
7. TECHNOLOGIES WE USE
The technologies we use for automatic Data collection may include the following:
- Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Services. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of the Services 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 the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
- Other Technologies. We may also use device identifiers, local storage, html modifiers, and different types of caching to help us understand the devices and users who access the Services. Those methods include device identifiers that are either hardware-based or software-based, persistent or non-persistent and which may identify either a device or a software module within a device (such as a web browser).
8. HOW TO OPT OUT OF THE SALE OF YOUR DATA
You have the right to opt-out of the sale of your Data to third parties. You may do so by going to www.trypura.com/optout and following the instructions there. You may also call us at +1 801-303-3237 to opt-out of the sale of your Data.
You also have the right to designate an authorized agent to act on your behalf to opt-out of the sale of your Data. When an authorized agent seeks to opt-out on your behalf, we will ask you to verify that the agent is indeed acting on your behalf. We will do that via e-mail to the address we have on file for you or by another reasonable method, if e-mail is not available. When you log in using your username and password, that will typically be sufficient to prove to us that you intend to designate an authorized agent to act on your behalf.
We will comply with your request(s) as soon as reasonably practicable and as required by law. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative or other purposes directly relating to your use of the Services, and you cannot opt-out from receiving those messages.
9. PRIVACY FOR CALIFORNIA RESIDENTS
California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. If you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes offline, please inform us by writing us at firstname.lastname@example.org.
California has also adopted the California Consumer Privacy Act (“CCPA”), which took effect at the beginning of 2020. Pura complies with the requirements of the CCPA to the extent they apply to Pura.
If you are a California resident and Pura qualifies as a “business” under the terms of that law, you will have the following rights:
- You have the right to request that we disclose the categories and the specific items of Data about you that we collect, use, disclose, and/or sell and that Data about you that we have collected, used, disclosed, and/or sold during the 12 months prior to your request.
- You have the right to not be subjected to any discrimination based on the fact that you have elected to opt-out of the sale of your Data or that you have submitted a request to know or a request to delete under the CCPA.
- You also have the right to have the Data we collect about you deleted. We use a two-step process to verify your identity and to have the information deleted. Your rights to have Data deleted are subject to several exceptions, specifically the Data that is necessary for us to:
o complete your transaction;
o provide you a good or service;
o perform a contract between us and you;
o protect your security and prosecute those responsible for breaching it;
o fix our system in the case of a bug;
o protect the free speech rights of you or other users;
o comply with the California Electronic Communications Privacy Act (Cal. Penal Code §
1546 et seq.);
o engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adhere to all other applicable ethics and privacy laws;
o comply with a legal obligation; or
o make other internal and lawful uses of the information that are compatible with the context in which you provided it.
- To make any request under the CCPA, you must complete the Data Request Form found at www.trypura.com/optout. You will be asked to give us your name, e-mail address, telephone number, and any other information we request to reasonably verify your identity. We will respond to your request within 10 days after receipt of your request, and we will then take action to verify your identity and fulfill your request, as required by the CCPA. Typically, your login and password are sufficient to verify your identity, but if we require further information, we will inform you.
- We will provide you with a CSV copy of your stored data within 45 days of your request, assuming we are able to verify your identity in that period and so long as you provide a correct email address for successful correspondence.
- You have the right not to receive discriminatory treatment by us for the exercise of any privacy rights conferred by the CCPA, which means that we will not take any action to hurt or punish you for exercising your rights under the CCPA.
Note that we are not allowed by law to at any time disclose your Social Security number, driver’s license number, or other government-issued identification numbers, financial account number, any health insurance or medical identification number, or any account password or security questions or answers.
We have listed the specific and general categories of information we have collected, disclosed, or sold in the last 12 months in section 4 above. That section also lists the specific and general categories of Data we have disclosed to third parties for our business purposes.
We do not sell the personal information of minors under 16 years of age.
For more information, please direct your questions to us at email@example.com. You can also direct questions to our toll-free number at +1 801-303-3237.
The security of your Data is important to us. We use commercially reasonable efforts to store and maintain your Data in a secure environment. We take technical, contractual, administrative, and physical security steps designed to protect Data that you provide to us. We have implemented procedures designed to limit the dissemination of your Data to only such designated staff as are reasonably necessary to carry out the stated purposes we have communicated to you.
11. THIRD-PARTY POLICIES
14. ACCESS AND ACCURACY
You have the right to access the information we hold about you in order to verify the information we have collected with respect to you and to have a general account of our uses of that information. Upon receipt of your written request, we will provide you with a copy of your information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances, we will provide reasons for the denial to you upon request. We will endeavor to deal with all requests for access and modifications in a timely manner.
We will make every reasonable effort to keep your information accurate and up-to-date, and we will provide you with mechanisms to update, correct, delete or add to your information as appropriate. As appropriate, this amended information will be transmitted to those parties to which we are permitted to disclose your information. Having accurate information about you enables us to give you the best possible service.
15. CONTACT US
You can help by keeping us informed of any changes such as a change of your personal contact information. If you would like to access your information, if you have any questions, comments or suggestions of if you find any errors in our information about you, please contact us at firstname.lastname@example.org. If you have a complaint concerning our compliance with applicable privacy laws, we will investigate your complaint and if it is justified, we will take appropriate measures