Effective: January 1, 2020
View Prior Versions here
Information We Collect
SmartyPants collects several types of information that may identify a particular individual (“personally identifiable information”). We collect personally identifiable information from several different sources. We collect personally identifiable information through our Website when you provide it to us through your use of this Website, such as when you purchase vitamins. We collect personally identifiable information when you purchase products over the telephone. We collect personally identifiable information through our social media profiles. In particular, we may have collected the following categories of personally identifiable information in the last twelve (12) months:
SmartyPants obtains the categories of personally identifiable information listed above from the following categories of sources:
- Directly from you (i.e., from forms you complete on our Website or actions you take on our social media profile)
- Indirectly from you (i.e., IP address, browser, device information obtained by your use of our Website)
- From Third Party Ad Platforms and Websites
Non-Personally Identifiable Information
Personally identifiable information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA's scope, such as:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the California Confidentiality of Medical Information Act (“CMIA”) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (“FRCA”), the Gramm-Leach-Bliley Act (“GLBA”) or California Financial Information Privacy Act (“FIPA”), and the Driver's Privacy Protection Act of 1994.
Use of Service Providers
SmartyPants shares personally identifiable information that it collects with third party service providers who perform a variety of services on behalf of SmartyPants, including providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytic services, undertaking internal research and other similar services (collectively, “Business Purposes”). These service providers do not further collect, sell or use any such personally identifiable information except as necessary to carry out the Business Purposes for SmartyPants.
Sale of Personal Information
SmartyPants has not sold any California consumer’s personally identifiable information within the past 12 months. For purposes of this paragraph, the term “sold” has the same definition as set forth in California Civil Code Section 1798.140(t).
Disclosure of Your Information
SmartyPants may disclose your personally identifiable information in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement agency or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. We will disclose your personally identifiable information when we believe disclosure is necessary to investigate, prevent, or take action regarding illegal activity, suspected fraud or other wrongdoing, to protect and defend the rights, property, or safety of our company, our employees, our Website users, or others, or to enforce our Website Terms and Conditions or other agreements or policies.
Your Rights and Choices (California Residents)
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your rights.
Access to Specific Information and Data Portability Rights
You have the right to request that SmartyPants discloses certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- 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 or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we disclosed your personal information for a business purpose, we will identify the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that the we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Your Choices About The Use Of Your Information And Opting Out
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending us a message to us at firstname.lastname@example.org or by calling us toll-free at 888-658-9482. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. By submitting a request to this Website, you certify that you are at least eighteen (18) years old and agree to both the Terms and Conditions and Privacy Policies that govern this Website. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Provide proof of California residency.
- 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 personally identifiable information if we cannot verify your identity or authority to make the request and confirm the personally identifiable information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personally identifiable information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
Personal Information Transfer and Licensing Opt-Out and Opt-In and Email Unsubscribe Rights
If you are sixteen (16) years of age or older, you have the right to direct us to not sell your personally identifiable information at any time (the "right to opt-out"). We do not sell the personally identifiable information of consumers we actually know are less than sixteen (16) years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between thirteen (13) and sixteen (16) years of age, or the parent or guardian of a consumer less than thirteen (13) years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by emailing email@example.com.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personally identifiable information sales. However, you may change your mind and opt back in to personally identifiable information transfers or licensing at any time by emailing firstname.lastname@example.org.
You do not need to create an account with us to exercise your opt-out rights. We will only use personally identifiable information provided in an opt-out request to review and comply with the request.
When you submit your information on SmartyPants, you may receive email messaging or third party marketing messages. You will be given the opportunity, in any commercial email that we send to you, to opt out of receiving such messages in the future. You may also opt out of receiving commercial emails by using the 'Unsubscribe' link on our site. Please allow for up to ten (10) business days for your request to be to processed. If you remove your information from our database it will no longer be used for secondary purposes, disclosed to third-parties, or used by us or third-parties to send promotional correspondence to you. If your information has already been shared with a third party, it may be necessary to contact the third party directly to opt out of receiving information from them.
We will not discriminate against you for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you with a different level or quality of services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personally identifiable 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. Further, you can choose not to provide us with certain personally identifiable information, however doing so may result in limited access to certain features and services provided on this Website and affect your ability to obtain a loan.
California Privacy Rights
California Civil Code Section 1798.83, also known as the 'Shine The Light' law, permits users who are residents of California to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident and would like to make a request, please submit your request in writing to email@example.com.
Wireless Privacy Rights
We may use personal information you've provided on this site to administer the services you've requested, including wireless services that display customized content and advertising. In addition to any fee of which you are notified of, your wireless provider's standard message rates are applicable to our confirmation and all subsequent SMS correspondence. You may opt out from further SMS messages and remove your SMS information from our database by responding 'STOP', 'END' or 'QUIT' to the SMS text message you received. If you remove your SMS information from our database it will no longer be used by us for secondary purposes, disclosed to third-parties, or used by us or third-parties to send promotional correspondence to you.
Children Under the Age of 16
“Do Not Track” Requests
SmartyPants collects personally identifiable information about individual user’s online activities over time and across third party web sites or online services. SmartyPants does not honor Web browser “do not track” signals or other mechanisms that provide the ability to exercise choice with respect to such information collection.
Security - How We Protect Your Information
SmartyPants takes appropriate and reasonable security measures to help safeguard your personal and sensitive information. The information you enter into this Website is protected using industry-compliant 256-bit encryption technology, keeping your information safe from unauthorized access, use, modification and disclosure. Transmission is also secured by secure socket layer technology (SSL). Please be advised that, although we take every reasonable technological precaution available to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure.