Privacy Policy

Privacy Policy

Last updated: May 21, 2020

This Privacy Policy (“Privacy Policy”) describes the privacy practices of Pearl Crop, Inc. dba Octonuts, a California corporation (“Octonuts”) for the Octonuts website located at Octonuts.com, together with any Octonuts application and third-party platform site for which this Privacy Policy applies (the “Site”), and all content, products, subscriptions, and other services offered, sold, and provided by Octonuts on or through the Site (collectively, the “Services”).

This Privacy Policy describes the information Octonuts collects from or about you, how Octonuts may use that information, and what may happen to that information in connection with the normal operation of this Site and with the Services. In this Privacy Policy, Octonuts uses the words “personal information” to mean any information of or about you, or that may be used to identify or authenticate you, and broadly to include personally identifiable information covered by privacy laws.

By accepting the Terms and Conditions available at octonuts.com/privacy (the “Terms”), you consent to the use and disclosure of your personal information in accordance with this Privacy Policy and applicable law. This Privacy Policy is part of and subject to the Terms.

SECTION 1 – INFORMATION COLLECTED
When you register and create an account on the Site, Octonuts collects information you provide, including your name, address, email address, telephone number, and social media profiles.

When you access or use the Site, Octonuts tracks information based on your use of the Site, including your computer’s internet protocol address, browser, operating system, the URL you came from, and the URLs you go to. Some of this information may be compiled and analyzed on an aggregate anonymized basis.

When you send emails, questions, and other correspondence to Octonuts, or if you request support, a refund, or other customer service for any Service, or if other users or third parties report your activities or conduct on the Site, Octonuts may collect such information.

When you post messages, reviews, comments, and other content on the Site, Octonuts collects such information about you as you may choose to disclose pursuant to your activities on the Site or related to the Services.

When you receive any Services, as part of the purchase process, Octonuts collects the personal information you provide such as your name, address, email address, phone number, and payment information, including your debit card and credit card information.

When you interact with third-party products and services on the Site or in connection with the Services, including social media and email marketing providers, for example including Facebook, Instagram, Twitter, TikTok, Snapchat, Youtube, MailChimp, and the like (“Third-Party Providers”), Octonuts collects information you share to the public and any other information you direct Third-Party Providers to send to Octonuts. This information includes your name, email address, social media profile, and location data.

Octonuts may also collect personal information about you through public sources and other persons authorized to provide it.

SECTION 2 – USE OF YOUR INFORMATION
Octonuts uses your personal information to:

  • provide the Site and deliver any Services;
  • create and manage accounts;
  • provide administrative information regarding the Site and Services and to communicate in accordance with the Terms;
  • enhance marketing and promotional efforts;
  • deliver advertisements, new services and promotions, and other information that is targeted to your interests;
  • deliver email and text campaigns you have requested;
  • administer prize draws and competitions, if you decide to participate;
  • improve the Site and Services;
  • improve your experience and the experience of other users;
  • request feedback;
  • protect the Site and troubleshoot problems;
  • respond to technical inquiries;
  • resolve disputes;
  • respond to legal, regulatory, and other governmental requests; and
  • enforce the Terms.

Octonuts may also use your information for other business purposes, such as data analysis, fraud prevention, identifying usage, and various testing and modeling.

Octonuts may use and store information in aggregated and anonymized form so that it is not associated with an individual and does not include personal information.

SECTION 3 – PROMOTIONAL COMMUNICATIONS
Octonuts may use your personal information to send you updates – whether email, text message, telephone, or mail – about the Services, including exclusive offers, promotions, or new Services. Where consent is required by applicable law, Octonuts will ask for this consent separately and clearly.

You have the right to opt out of receiving promotional communications at any time by:
Email at hello@octonuts.com
using the “unsubscribe” link in emails or “STOP” response in texts
updating your marketing preferences in your account

Octonuts may ask you to confirm or update your marketing preferences if you instruct Octonuts to provide further Services in the future, or if there are changes in the law, regulation, or the structure of the Octonuts business.

SECTION 4 – COOKIES
Octonuts and its service providers use cookies and other tracking mechanisms to track information about your use of the Site and Services. Octonuts may combine this information with other personal information and service providers may do so on behalf of Octonuts. For example, Octonuts uses Google Analytics and Facebook Pixel.

Cookies. Cookies are alphanumeric identifiers that Octonuts places on your device’s hard drive through your web browser for record-keeping purposes. Some cookies make it easier for you to navigate the Site and Services, while others are used to enable a faster log-in process or to allow Octonuts to track your activities on the Site and Service. There are two types of cookies: session and persistent cookies.

Session Cookies. Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. Octonuts uses session cookies to allow systems to uniquely identify you during a session or while you are logged into the Site and Services. Octonuts uses session cookies to process your online transactions and requests and verify your identity, after you have logged in, as you move through the Site and Services.

Persistent Cookies. Persistent cookies remain on your device after you have closed your browser or turned off your device. Octonuts uses persistent cookies to track aggregate and statistical information about user activity.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you disable cookies, you will be able to browse certain areas of the Site, but some features may not function.

Octonuts does not honor the “do not track” signal enabled in the web browser settings.

SECTION 5 – THE SHOPIFY PLATFORM
The Site is hosted on the Shopify platform, which gives Octonuts the ability to provide the Services and process payments and subscriptions, among other things. Your personal information is stored with Shopify, and payment may be fulfilled using the Shopify platform as well. For more insight into their legal terms and privacy practices, you can read Shopify’s Terms of Service here and Shopify’s Privacy Statement here.

SECTION 6 – DISCLOSURE OF YOUR INFORMATION
Octonuts may disclose your personal information for the following reasons:

  • Consent: Octonuts may disclose your personal information if you give specific consent for that purpose.
  • Legitimate Interest: Octonuts may disclose your personal information when necessary for the purpose of the legitimate interests of Octonuts.
  • Contract Performance: Octonuts may disclose your personal information when necessary for the performance of a contract for which you are a party, including the Terms, or to take steps at your request prior to entering such contract.
  • Legal Obligation: Octonuts may disclose your personal information where legally required to do so to comply with applicable law, governmental request or order, a court order or subpoena, or other legal process.
  • Vital Interests: Octonuts may disclose your personal information to investigate, prevent, or take action regarding the Terms, including to avoid fraud, threats, or other illegal activity.

Octonuts uses third-party suppliers for the Site and to help provide the Services, including for marketing and advertising of the Services. Octonuts imposes contractual restrictions on the use by third-party suppliers of information concerning you. Octonuts does not permit third-party suppliers to use your personal information for their own marketing purposes or sell your information to other third parties.

Octonuts uses practices that are consistent with standards in the industry and company size to protect your privacy. Octonuts cannot, however, promise that your personal information or private communications will remain private. For example, third parties may unlawfully intercept or access transmissions or private communications on the Site.

Octonuts does not sell or rent any personal information to any third party, except in the case that the company decides to sell, buy, merge, or otherwise reorganize, and it is the practice of Octonuts to seek appropriate protection of personal information in these types of transactions.

SECTION 7 – PERSONAL INFORMATION DISCLOSED FOR A BUSINESS PURPOSE
Octonuts collects and discloses, and has disclosed in the preceding 12 months, for a business purpose to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:

  • Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social or other similar identifiers);
  • Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, address, telephone number, credit card number, debit card number, or any other financial information;
  • Commercial information (e.g., Services purchased and other consuming histories or tendencies); and
  • Internet or other electronic network activity information (e.g., information regarding your interaction with the Site or an advertisement).

Specifically, the business purpose for these disclosures is to have services performed on behalf of Octonuts. The services include processing or fulfilling purchases and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytic services, and similar services.

SECTION 8 – PERSONAL INFORMATION SOLD
Octonuts does not sell, and have not sold in the preceding 12 months, any personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

SECTION 9 – DISCLOSURES YOU MAKE TO THIRD PARTIES
Octonuts does not control the privacy policies of third parties. When you disclose information to third parties on the Site, you are subject to the legal terms and privacy policies and practices of that third party. It is your responsibility to find out about the terms and policies of any such third parties.

SECTION 10 – SECURITY
Octonuts uses practices that are consistent with standards in the industry and company size to protect your personal information from being unlawfully accessed by third parties at any time. Octonuts security practices include, without limitation, using payment gateways and processors who have stated they are compliant with PCI requirements.

SECTION 11 – RETENTION
Octonuts retains personal information for as long as necessary for the Site and to provide the Services and to otherwise fulfill the purposes for which it was collected, as outlined in this Privacy Policy. Different retention periods apply for different types of personal information. Personal information may be retained for longer periods if there is a valid legal reason to do so. For example, Octonuts may be required to retain personal information by law or court order. To the extent that there is no foreseeable need or use of personal information, Octonuts will use commercially reasonable efforts to delete such information.

SECTION 12 – PRIVACY RIGHTS; CCPA
You may have consumer rights under various privacy and data protection laws, as applicable, including the California Consumer Privacy Act of 2018, as amended and regulated (the “CCPA”), which Octonuts describes as follows:

First, you have the right to know the categories of personal information collected about you, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting or selling personal information; the categories of third parties with whom personal information is shared, if any; and the specific pieces of personal information collected about you.

Second, in connection with any personal information sold or disclosed to a third party for a business purpose, you have the right to know the categories of personal information about you sold and the categories of third parties to whom the personal information was sold, and the categories of personal information that disclosed about you for a business purpose.

Third, you have the right to opt-out of the sale of your personal information.

Fourth, subject to certain exceptions, on making a verifiable request, you have the right to have your personal information deleted, and to have any service providers directed to delete your personal information.

Fifth, you have the right to not be discriminated against because you exercised any of your rights under the CCPA or applicable law.

SECTION 13 – HOW TO EXERCISE YOUR RIGHTS
If you would like to make any changes to the information contained in your account, you may do so after logging in on the Site.

If you would like to exercise any of your rights, you may email customer service at hello@octonuts.com.

Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period. If you choose to contact Octonuts directly by email, you will need to provide enough information to identify you; proof of your identity and address; and a description of what right you want to exercise and the information to which your request relates.

Octonuts will not make a data access or data portability disclosure if it cannot verify that the person making the request is the person about whom Octonuts collected information, or is someone authorized to act on such person’s behalf. If you provide Octonuts with personal information to verify your identity in connection with a data access or data portability disclosure request, Octonuts will only use that personal information for the purposes of verification.

SECTION 14 – CHANGES TO PRIVACY POLICY
Octonuts reserves the right at any time to make changes to this Privacy Policy effective upon posting. When that happens, Octonuts will revise the “Last updated” date at the beginning of this Privacy Policy. Octonuts invites you to review this Privacy Policy frequently to remain aware of any changes.

SECTION 15 – CONTACTS:
Except as otherwise provided in this Privacy Policy, if you have a question or need to contact Octonuts, you may do that here octonuts.com/contact. Otherwise, please use the following contact information:

Octonuts
Attn: Privacy Officer
1550 Industrial Drive
Stockton, CA 95206
(209) 808-7575
hello@octonuts.com

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