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CloudFran™ Privacy Policy

Updated June 3, 2024

 

We recently updated our Privacy Policy.

About this Privacy Policy

We know how important it is for you to understand how we use your personal information. This Privacy Policy sets out how and why CLOUDFRAN, INC (“we,” “our,” or “us”) collect, store, process and share your personal information. We strive to be transparent with you about what we do with your personal information.

This Privacy Policy covers our U.S. stores, online experiences (including our websites and mobile apps), and other locations where you may interact with us. This Privacy Policy also describes the choices you can make about how we collect and use your personal information.

This Privacy Policy is incorporated into, and is subject to, the Terms of Use. By using our websites and mobile applications, you accept and consent to the practices described in the Privacy Policy and Terms of Use. If you do not agree to the Terms of Use or this Privacy Policy, please do not use our websites or mobile applications.

  1. What personal information do we collect?

Information you provide to us

You may provide the following information to us in physical stores and online:

  • Personal and contact information, such as name, date of birth, email address, mobile/landline telephone number, home address, age, and gender
  • STORE NAME or Business card number
  • Employment and company contact information or STORE NAME for Business accounts
  • Payment information, such as credit card information and billing address
  • Purchasing activity, product preferences, reasons for purchasing a product, family and lifestyle
  • Information you post: If you comment or otherwise provide information in a public space on one of our websites, we collect a record of it and any personal information included in the comment. For example, this may include posting a review of a product
  • Information you provide through social media
  • Other information you give us when you contact our customer services team, when you engage with our social media platform (for example by tagging us in a post on Instagram), when you sign up for a service provided by CLOUDFRAN, INC., membership, or when you otherwise interact with us

Information collected through automated means

We may use automated technology such as cookies and other tracking software to collect personal information from your computer system or mobile device. We may collect the following information:

  • Internet Protocol (IP) address or another device identifier
  • Browser type and version
  • Browsing information, such as pages you view and the links you click, how you interact with the emails we send you, and whether you access our website via a social media site
  • Time zone setting
  • Browser plug-in types and versions
  • Operating system and platform
  • Other portable device information
  • With your permission, we may also collect your precise location data. We may also collect the time spent visiting, usage patterns, and the domain name of the website from which you linked to our websites. 

Third parties may also provide us with additional publicly available information about you.

 

  1. When do we collect your personal information?

You share personal information with us in various ways. For example, we receive personal information when you:

  • Purchase products and services from us in store, online, or over the phone
  • Make a return or exchange
  • Access our websites or use any of our mobile apps. (To find out more about the use of cookies and how you can manage them, please read our (Cookie Policy)
  • Join a partner store for a loyalty program or login credentials
  • Participate in surveys, competitions, promotions or certain discounts/coupons
  • Contact our customer services team in store, online or over the phone
  • Provide us with your contact information so we can respond to your questions or concerns submitted through online communications
  • Interact with us on social media (by mentioning/tagging us or by contacting us directly)
  • Interact with our websites, such as when you visit our websites on a device, enable location-based features, or click on sponsored links or third-party advertisements on our websites or on other websites and online services
  • Interact with emails we send you
  • Fill out a registration or contact form
  • Request a catalog or subscribe to our email list
  • Sign up for mobile notifications regarding updates at your local store partner or online store, where applicable.
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  1. How do we use your personal information?

We use your personal information for business purposes: to make our products and services available to you; to personalize your shopping experience; to improve our operations; and for security and legal reasons.

Some examples of how we use your personal information include:

  • Processing and fulfilling orders online or in-stores, including by facilitating the delivery of product orders
  • Communicating with you regarding purchases
  • Responding to your questions and comments
  • Measuring your customer satisfaction
  • Providing you with marketing material via SMS, mail, and email (with your consent where required by law)
  • Analyzing shopping trends through account activity and purchase history to provide you with a personalized browsing experience
  • Sending an online partner and or CLOUDFRAN, INC members special promotions based on store spend or customer birthday
  • Sending online partner and CLOUDFRAN, INC for Business members special promotions and offers
  • Allowing you to create a profile on our websites which enables you to purchase products and services online without having to fill in your personal information every time you shop online with us
  • Ensuring that our websites are presented in the most effective and relevant manner for you and your device, including setting default options for you such as language and store location
  • Conducting checks for fraud or other illegal activity
  • Protecting our rights or property (or those of others)
  • Fulfilling our legal and compliance-related obligations (such as if we receive a legitimate request from a law enforcement agency)
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  1. With whom do we share your personal information?

In order for us to provide our products and services to you, we share some of your personal information with trusted third-party service providers, with other members of the brand corporate structure, or with public authorities. For example:

  • We use third party service providers processing payments, advanced sales tax services, and other services. Your personal information may be stored and processed by our vendors and service providers in the United States or other locations where the service providers have facilities.
  • We may share your financial information including your credit, debit card or other payment information with third parties, encrypted with no human access, to ensure that your payment is safe and that your details are not being used fraudulently.  CloudFran does not have access to your online credit card information due to encryption and supporting technologies that are used for your security.
  • We may disclose your personal information to our insurers where we believe that it is required by law or contract
  • We use pixels and cookies in our work with customer database hosting providers, marketing agencies and advertising partners to place relevant content and advertisements for you on our own websites and apps, as well as other websites, online media channels and apps (see Cookie Policy)
  • We may share data with other members of the brand corporate family, or merchant that you have registered with, using CloudFran Systems for a product or service, to facilitate operations and business.
  • We may share or disclose your personal information with law enforcement agencies or public authorities to prevent or detect crime or fraudulent activities, as well as in order to fulfil any legal mandated requirements or regulatory obligations
  • We may share your personal information to comply with court orders and to exercise and/or defend our legal rights
  • We may share your personal information in the event we sell or transfer all or a portion of our business or assets
  • We may use your personal information with your consent or as otherwise permitted or required by law.

We also disclose non-private, de-identified, aggregate or otherwise non-personal information with third parties, including social media companies like Facebook and Twitter, and online advertising companies like Google, to deliver targeted advertising about other products and services for marketing purposes. You may opt-out of receiving marketing messages by using the opt-out mechanisms and links provided in each message.

 

  1. How do we protect the privacy of children?

CloudFran does not knowingly collect or use any personal information from children younger than 13 on CloudFran provided websites or mobile applications. We do not knowingly allow children to order our products, communicate with us, or use any of our online services. If you are a parent and become aware that your child has provided us with information, please contact us using one of the methods specified below, and we will work with you to address this issue.

 

  1. What are your rights with respect to your personal information?

Depending on your jurisdiction, you may have certain rights with respect to your personal information. If you would like to speak to us about any of your rights, please contact us (see section 11).

International Transfers
We may share information about you with our affiliates and transfer it to countries in the world where we do business in connection with the uses identified above. Any international transfers of personal information will be in accordance with this Privacy Policy and in compliance with applicable laws. By using our websites or mobile apps or otherwise providing personal information to us, you agree to the international transfer and processing of your information. While certain products may be sold outside the United States, including in the European Union, our websites and mobile apps are not marketed to or intended to be used by any non-United States resident.

Your Nevada Privacy Rights
Nevada residents have the right to submit a verified request directing us not to sell their personal information. If you are a Nevada resident, and would like to submit such a request, please send your request to support@cloudfran.com

Your California Privacy Rights
ACCESS TO SPECIFIC INFORMATION AND DATA PORTABILITY RIGHTS FOR CALIFORNIA RESIDENTS

You have the right, subject to certain exceptions defined in the California Consumer Protection Act “CCPA” and other applicable laws and regulations, to request that companies disclose certain information to you about their collection and use of your personal information over the past 12 months. This right of access includes information about:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting that personal information.
  • The categories of third parties with whom we share that personal information.
  • The categories of personal information that each recipient received.
  • The specific pieces of personal information we collected about you.

DELETION REQUEST RIGHTS
You have the right, subject to certain exceptions defined in the CCPA and other applicable laws and regulations, to request that a company delete any of your personal information that it has collected from you and retained, subject to certain exceptions.

EXERCISING ACCESS, DATA PORTABILITY, AND DELETION RIGHTS
To exercise the access, data portability, and deletion rights described above, California residents may submit a verifiable consumer request to us by either:

The verifiable consumer request must:

  • Provide sufficient information that allows us to verify, to a reasonably high degree of certainty, that you are the person about whom we collected personal information. This may include requesting that you provide us with at least two or more pieces of personal information to match against personal information about you that we may or may not maintain and which we have determined to be reliable for the purpose of verification.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

DO NOT SELL RIGHTS
You have the right, subject to certain exceptions defined in the CCPA and other applicable laws and regulations, to request that companies stop selling your personal information and refrain from doing so in the future. CLOUDFRAN. INC does not sell personal information (as defined by the CCPA), nor does CLOUDFRAN, INC intend to sell personal information in the future. However, if you would like to submit such a request, please send your request to support@cloudfran.com

 

AUTHORIZED AGENT
Only you, or a person you have designated in writing as your authorized agent, or who is registered with the California Secretary of State to act on your behalf, or to whom you have provided power of attorney pursuant to California Probate Code sections 4000 to 4465, (“Authorized Agent”), may make a verifiable consumer request or do not sell request related to your personal information. You may also make a verifiable consumer request or do not sell request, on behalf of your minor child.

If you wish to have an Authorized Agent make a request on your behalf, they will need to provide us with sufficient written proof that you have designated them as your Authorized Agent and we will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we collected personal information.

NON-DISCRIMINATION
You have the right not to receive discriminatory treatment for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you services.
  • Charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of services.
  • Suggest that you may receive a different price or rate for services or a different level or quality of 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 and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. For example, if you become a member of CLOUDFRAN, INC, we will provide you with certain benefits and special offers in exchange for you providing your contact information, other information about yourself, and opting into CLOUDFRAN, INC provided marketing communications. More details are available at the CLOUDFRAN, INC website, Terms of Use.

If you are a California resident, California Civil Code Section 1798.83 permits you to request a list of all third parties to which we, during the immediately preceding calendar year, have disclosed certain personally identifiable information for direct marketing purposes.  CLOUDFRAN, INC does not share personal information about its consumers with any third parties outside the CLOUDFRAN, INC corporate structure for their own marketing purposes. We are only required to respond to a customer request once during any calendar year. To make such a request you should send an email to  support@cloudfran.com. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information sharing that is covered will be included in our response.

 

  1. How may you indicate your privacy preferences?

You can set your preferences in your online profile in our websites and apps, where applicable and available.

If you no longer wish to receive our marketing materials, you can unsubscribe through your profile. You can also click the unsubscribe link in our marketing emails.

We want to ensure that all the information we have about our customers is correct and up to date. If you find that the personal information, we have about you is inaccurate or needs updating (for instance, you may have changed your name or address) please update your profile.

For your mobile device, you may opt out of precise location tracking and/or push notifications by changing your settings. (Note that opting out may affect your ability to fully use the application.) To avoid collection of your MAC address and location data while you are within a physical store, turn off the WiFi capability on your phone or other electronic device within your device settings.

 

  1. How do we keep your information safe?

We take the security of your personal information very seriously. We have implemented various strategies, controls, policies, and measures to keep your information secure and keep these measures under close review. We use encryption techniques and other safeguards such as firewalls and password protection. This means that your information is protected and only accessible by personnel who need it to carry out their job responsibilities or shared with third parties as described above. We implement physical controls in our buildings that restrict access to your personal information.

 

  1. How long do we retain your information?

In general, we will only retain your personal information for as long as is necessary for the purposes described in this Privacy Policy. This means that the retention periods will vary according to the type of information and the reason that we have the information.

 

  1. Links to Third-Party Websites and Additional Terms

Our websites or social media may contain links to third-party sites that are not governed by this Privacy Policy. If you click on a link to a third-party site, you will be taken to a site we do not control. We are not responsible for the privacy practices used by third-party sites. We suggest that you read the privacy policies of those sites carefully.

CLOUDFRAN, INC current Terms of Use are available here. In addition, CLOUDFRAN, INC may from time to time offer special programs, events, promotions, or services that have additional terms or privacy policies. Those terms will be made available to you at or before the point where you will provide any personal information to CLOUDFRAN, INC.

 

11.  THE EU GENERAL DATA PROTECTION REGULATION

We do collect or otherwise obtain personal information from data subjects located in the GDPR Jurisdictions. We fulfill our GDPR obligations with respect to our workforce/job applicants, our customers (and their own end-clients), and our vendors and business partners through a series of separate notices, contracts or other terms provided to them at the time, and in the manner and form, GDPR and local law within each GDPR Jurisdiction requires.

We describe, in the immediately following section of this statement, how we comply with the GDPR for personal information collected from visitors to and users of our online and mobile resources while they were in a GDPR Jurisdiction. Thus, for purposes of that section, the words “you” and “your” mean only such GDPR Jurisdiction-based visitors and users.

What do we collect from you in the GDPR Jurisdictions and how do we use it?

We collect from you the categories of personal information already described. The lawful basis on which we rely for such collection, later use and disclosure, is what the GDPR refers to as legitimate interest. As stated elsewhere in this statement, we do not sell any of your personal information to third parties nor do we use it for automated decision making.

Cross-border Data Transfers and Third-Party Processors

If we transfer personal information from the GDPR Jurisdictions to a location that has not been deemed by the European Commission to have adequate privacy protections, we do so in the manner the GDPR permits.

Rights of Data Subjects in the GDPR Jurisdictions

While we attempt to allow all visitors and users of our online and mobile resources to exercise a degree of control over their personal information, under the GDPR we have a legal obligation to do so for you. More specifically, with respect to personal information collected from you while you were in a GDPR Jurisdiction, you have these rights: transparency, access, correction and deletion, portability, who, what, why and where, and restriction/objection.  More information is available here.

If you would like to exercise any of these rights, please contact support@cloudfran.com. Your ability to exercise these rights is subject to certain conditions and exemptions that you can read about in Articles 12 through 23 of the GDPR. Among those conditions is our right to decline part or all of a request if we cannot satisfy our reasonable doubts and concerns about your identity in a manner that helps us minimize the risk that unauthorized persons might use a GDPR right to access your personal information. We will respond to all requests without undue delay, and in accordance with the time frames, if any, prescribed by the GDPR. If you are not satisfied with how we use your personal information or respond to your requests, you have the right to complain to your data protection regulator. Contact information for the EU data protection regulators can be found here.

CLOUDFRAN, INC Privacy Contacts

 

  1. Changes to this Privacy Policy

We may update this Privacy Policy from time to time. Please regularly check for updates. You can tell if the Privacy Policy has changed by checking the revision date that appears above. If we change this Privacy Policy in a material way, we will provide appropriate notice to you. By using our websites or mobile apps, you agree to accept the terms of this Privacy Policy as stated at the time you use them.