Privacy policy

Privacy Policy

Last Updates: March 14, 2024

This Privacy Policy (“Policy”) describes the information collected by or on behalf of Onyx Brands, LLC (“Onyx,” “we,” “us,” or “our”) through our website (“Site”) and our interactions with you both online and offline (collectively, “Services”), and how the information is used, protected and shared. If you have questions or concerns about this Policy, please contact us as set forth below.

We may modify this Policy at any time. All changes will be effective immediately upon posting to the Site.  Material changes will be conspicuously posted on the Site or otherwise communicated to you.

 

IF YOU ARE A CALIFORNIA RESIDENT, PLEASE SEE THE SECTION BELOW TITLED “CALIFORNIA RESIDENT PRIVACY RIGHTS” FOR ADDITIONAL TERMS THAT MAY APPLY TO YOU.

1. Information We Collect

 

We may collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (“Personal Information”) when you use our Services. Personal Information is required to use certain Services. The Personal Information we collect falls into three categories: (a) information you provide to us; (b) information we collect through automated methods; and (c) information we collect from other sources (as further detailed below).  We will collect, use, and share such Personal Information pursuant to this Policy and applicable law.

 Information You Provide to Us

 

We collect Personal Information that you provide directly to us. If you elect to provide Personal Information, such as your name and email address, we will collect, use, and share such Personal Information pursuant to this Policy and applicable law. This may occur in the following ways:

Contact via Online Form: If you contact us, via the online form on our Site, we will collect and use your name and email address, and any additional Personal Information you provide in your message.

Customer Service and Sales Support. If you contact us via phone or email, you may be required to provide certain information in order for us to provide customer service and provide you with information.

Influencer Application. If you choose to fill out the influencer application available on our Site, you will be required to provide your full name, email address, social media handles, and other information.

Certain Communications. If you sign up receive certain communications from us, you must submit your name and email address. We use this data to send you the communications requested. We may use third-parties or service providers to deliver communications to you.

Business Contracts with Us.  When a business contracts directly with us for the purchase of our products, we will collect the business contact information of those involved.

Business Information and Job Application Materials. We may collect Personal Information if you provide us with business information, such as a business card, or submit any job materials directly to us, such as a resume.

 

Feedback.  When you provide comments or feedback about our Site, the content on the Site, or our products, including product reviews ("Feedback"), we will collect Personal information that you submit along with your Feedback.  However, we will not treat that Feedback as confidential, and we may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you. You will be required to provide certain information in order to leave a product review.

Data Automatically Collected

 

We may use automated technology to collect information from your computer system when you use our Site. This may include the following:

Tracking Technologies.

 

We may use cookies, web beacons, pixel tags and other tracking technologies (collectively "Tracking Technologies") on our Site. 

Tracking Technologies can either be “session” or “persistent”.  Session Tracking Technologies exist only for so long as you are visiting the applicable Site and are typically deleted when you exit your web browser.  Persistent Tracking Technologies exist for a set period of time, for example, up to several months or years. Each time you visit a Site that has implemented a persistent Tracking Technology, the persistent Tracking Technology is renewed will remain active until its predetermined expiration date.  You can manually delete certain types of persistent Tracking Technologies through your browser settings.

Tracking Technologies may either be “first-party” or “third-party” technologies.   We may not have control over how a third-party uses information collected through third-party Tracking Technologies. 

Most browsers automatically accept Tracking Technologies. You can disable this function by changing your browser settings, but disabling cookies may impact your use and enjoyment of the Site.  Not all features or functions of the Site may work properly if you disable Tracking Technologies.  You cannot disable all Tracking Technologies, such as Tracking Technologies that are essential to the functioning of the Site.

The Tracking Technologies on our Site and Services may collect information such as:

• IP addresses assigned to the computers and other devices you use;
• your internet service provider;
• device ID number;
• approximate geographic location;
• browser type;
• Site pages visited;
• websites you access before and after visiting the Site, and
• data related to how and when you use the Site.

Data from Other Sources.

We obtain Personal Information about individuals from various third-party companies and public sources, and we may combine that Personal Information with other data we may already have. This enhances our existing data about our users, improves our ability to contact you, and enhances our marketing capabilities.

1. How We Use Personal Information.

We use Personal Information that we collect for the following purposes:

As Stated or Agreed to at the Point of Collection.  We may use Personal Information for the purposes stated or agreed-to (or as is obvious) at the point of collection. For example, we use Personal Information to respond to your questions, comments, or complaints. We may also use Personal Information as requested or consented to by you.

Administration.  We use Personal Information for administrative purposes, such as to inform our business strategies, and to understand the Site’s demographics and user preferences.

Site Management.  We use Personal Information for Site management, such as troubleshooting problems, improving the content and functionality of the Site, statistical and other analyses of the Site, and to customize the Site to you and our users.

Business Analytics, including consumer and operations research, to assess the effectiveness of our sales, online service, marketing, and advertising, and to analyze market trends and customer demand.

Advertising and Communications.  We may use Personal Information to send you promotions or other advertising, to notify you of new services, products or programs, to notify you of new features of our Site, to notify you of changes to our Terms of Service or this Policy, and for other similar communications.  You may opt-out of marketing emails by using the unsubscribe link in the email or contacting us at onyxbrands@onyxbrands.com with “Unsubscribe” in the subject line. Opting out of marketing communications does not opt you out of non-marketing communications.

To Protect Our Rights.  We may use Personal Information to protect our legal rights or interests, or those of other parties, including to bring a legal action against you or anyone who may be causing harm to us, our Site, or to other users of the Site. We may also use Personal Information to seek business, financial or legal advice, and to respond to other legal requests. 

 

How We Use Data Collected by Automatic Technologies.

We use Tracking Technologies to: (i) make our Site function properly; (ii) provide personalized experiences; (iii) tailor our interactions with you; (iv) help with our marketing efforts; (v) provide us with valuable data and statistics about the usage and effectiveness of our Site and to help us improve our Site; and (vi) help us improve our Services.

Google Analytics.  We use Google Analytics to collect and process information about your use of the Site. Google sets cookies on your browser or device, and then your web browser will automatically send information to Google. Google uses this information to provide us with reports that we use to better understand and measure how users interact with our Site.

To learn more about how Google uses data, visit Google’s Privacy Policy and Google’s page on “How Google uses data when you use our partners’ sites or apps.” You may download the Google Analytics Opt-out Browser Add-on for each web browser you use, but this does not prevent the use of other analytics tools. To learn more about Google Analytics cookies, visit Google Analytics Cookie Usage on Websites.

1. Retention of Personal Information

We will keep Personal Information for the period necessary to fulfill the purposes described in this Policy, unless a longer retention period is permitted or required by law.

1. Disclosure of Personal Information

We may share Personal Information with the following categories of parties, in compliance with applicable laws:

Employees and Affiliates.  We may disclose Personal Information with our employees and affiliates who have a need to know the information for our business purposes.

 

Third Parties and/or Service Providers.  We may disclose Personal Information with third parties and/or service providers that provide services for us.  For example, we may disclose Personal Information with vendors to help us host and manage the Site; provide advertising and marketing; improve the content and functionality of the Site; perform data analysis and statistical analysis; troubleshoot problems with the Site; and support or provide the security of the Site. 

 

Government Officials / Law Enforcement.  We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information:  (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Onyx or any other party.

 

Professional Advisors.  We may disclose Personal Information with our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to Onyx.

Change in Ownership.  In the event Onyx is the subject of a change of control or in the event the Site changes ownership, in whole or in part, or in the event of a bankruptcy, receivership or a similar transaction, we may provide Personal Information to the subsequent owner(s).

Other.  We may disclose Personal Information with third parties when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure).

 

1. Use and Disclosure of Non-Personal Information.

Onyx may collect, use, disclose, transfer and otherwise process de-identified and anonymized information that it receives or creates for any purposes in its sole discretion, in compliance with applicable laws. Onyx is the sole and exclusive owner of such de-identified and anonymized information, including if Onyx de-identifies Personal Information so that it no longer considered Personal Information under applicable laws.   

1. Children's Information.

 

The Site is not directed at children under 18 years of age. We do not knowingly collect, sell, use, or share Personal Information from children under 18. If we obtain actual knowledge that any Personal Information we collect has been provided by a child under the age of 16, we will promptly delete that information. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information.

1. Data Security

We use commercially reasonable technical and organizational measures to help secure Personal Information against loss, misuse, and alteration appropriate to the type of Personal Information processed. If a breach of your Personal Information occurs, we will notify you of the breach if required under applicable law.

You understand that no data transmission over the internet or device can be guaranteed to be 100% secure. While we strive to protect Personal Information, we do not guarantee the security of Personal Information and you provide Personal Information at your own risk.

 

1. Social Media

We are active on social media, including Facebook, Instagram, and TikTok (“Social Media”). Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Site and our Social Media pages any comments or content that you post on our Social Media pages.

Your use of Social Media is governed by the privacy policies and terms of the providers that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.

 

1. Access from Outside the United States

If you access the Site from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required by the in other jurisdictions.

 

1. Third-Party Websites

 

The Site may link to, or be linked to, websites not controlled by us. We are not responsible for third parties’ privacy policies or practices. This Policy does not apply to any third-party websites or to any data that you provide to third parties. You should read the privacy policy for each website that you visit.

 

 

CALIFORNIA RESIDENTS’ PRIVACY RIGHTS

 

This Section provides additional terms that apply to residents of California. In the event of a conflict between this Section and the remainder of this Policy, this Section shall take precedence for California residents.  In this Section only, any capitalized terms not defined in this Policy have the meanings set forth in the California Consumer Privacy Act of 2018, as amended, and including its implementing regulations (the “CCPA”).

The Collection, Source, Purpose and Sharing of Your Personal Information.

 

Categories of Personal Information.  In the last twelve (12) months, we have collected the following categories of Personal Information:

• Identifiers consisting of: real name, alias, postal address, internet protocol address (“IP Address”), email address, or other similar identifiers.
• Commercial Information consisting of: Commercial information, including records of products purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Internet Activity consisting of: browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement.
• Employment Information: Professional or employment-related information.

Categories of Sources from Which Personal Information is Collected.  The categories of sources from which your Personal Information is collected is described in Section 1 (Information We Collect).

Purposes for Collecting Personal Information. Our purposes for collecting your Personal Information are described in Section 2 (How We Use Personal Information).

Categories of Third Parties / Services Providers with Whom Personal Information is Disclosed for a Business Purpose.  In the last 12 months we disclosed the categories of Personal Information listed above for our business purposes. The categories of third parties and / or service providers with whom we disclose Personal Information in the last 12 months are described above in Section 4 (Disclosure of Personal Information).

We do not collect Sensitive Personal Information and therefore have not used or disclosed Sensitive Personal Information for any reason other than the reasons for which it may have been provided to us. 

We Do Not Sell or Share Personal Information for a Commercial Purpose.

 

In the last 12 months, we have not Sold or Shared Personal Information of any individual for compensation or cross-contextual behavioral advertising and we currently do not Sell or Share Personal Information. You have the right to opt-out of the Sale or Sharing of your Personal Information.

We do not have any actual knowledge that we have sold or shared Personal Information of any individual under the age of 16 for monetary compensation or for cross-context behavioral advertising.

California Residents Data Rights.

 

California Residents have the right to make the following requests with regard to their personal information:

• Right to request disclosure of categories. California Residents have a right to request access to the following information: (a) the categories of personal information we collected from you in the 12 month period prior to your request, (b) the categories of sources from which the personal information was collected, (c) the business or commercial purpose for collecting your personal information(d) the categories of third parties with whom we disclosed your personal information; and (e) the categories of personal information we disclosed in the 12 month period prior to who your request. California Residents also have a right to access a list of categories of personal information we sold or disclosed for a business purpose in the last 12 months, if any.
• Right to request access. California Residents have a right to request that we disclose to you the specific pieces of Personal Information that we have collected about you in the 12-month period prior to your request and receive a copy of your electronic personal information in a readily usable format.
• Right to correct inaccurate data. California Residents have a right to request the correction of personal information we collected about you.
• Right to deletion.California Residents have a right to request that we delete personal information we collected from you. We will comply with such request, and direct our service providers to do the same, subject to certain exceptions permitted by applicable law.

How to Exercise Your Rights.  To exercise your California rights described in this Section, you may submit your request to us by contacting us at any of the following:

1-800-343-1607

Onyxbrands@onyxbrands.com

 

Verifiable Consumer Request.  In order to verify your request, you must provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information, and you must describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to your request. This information may vary depending on the Personal Information we already have. We will only use Personal Information we collect during the verification process for the purpose of verifying your identity.  If we are unable to verify your identity as required by applicable laws and regulations, we will decline to comply with your request, and let you know why.

Authorized Agents. You may only make a request to exercise your rights on behalf of yourself, or a parent or legal guardian may make a request on behalf of their child. You also have a right to submit requests to exercise your rights under the CCPA through an authorized agent. If an authorized agent contacts us to exercise the above rights, we will need to verify their identity as well as your identity. We will also require proof of your written authorization to the agent to be your agent and to make the specific request submitted, unless the agent is subject to a Power of Attorney under California probate laws. If the agent is a Power of Attorney under California probate laws, we may require evidence of that status. 

Right to Non-Discrimination. California residents have the right to not receive discriminatory treatment for exercising any of their rights under the CCPA. Should you wish to exercise any of your rights as detailed above, we will not discriminate against you by offering you different Services based solely upon your exercise of the above rights.  If we choose to offer a financial incentives program in the future, additional terms will apply which may be an exception to this Section.

California’s “Do-Not-Track” Requirement. we currently do not respond to “do not track” requests.

 

Contact Us

If you have questions or concerns regarding this Policy, contact us at:

ONYX BRANDS, LLC

802 SE PLAZA AVENUE, STE 200, BENTONVILLE, AR 72712

(501)753-7676

onyxbrands@onyxbrands.com