Privacy Policy
Privacy Policy Overview
Effective Date: The Privacy Policy was last revised on April 13, 2023.
Welcome! You have arrived at a website that is owned and/or operated by Oleander Brands International LLC and/or one or more of its affiliates (collectively, “Oleander”, “we,” “our” or “us”). This Privacy Policy (“Privacy Policy”) governs your use of any website that posts a link to this Privacy Policy (each a “Site”), and also applies to your use of any interactive features, including but not limited to widgets, plug-ins, applications, content, downloads and other services that: (i) we own and control and make available through or interact with a Site; or (ii) post a link to these Terms, regardless of how you access or use it, for example, by computer, mobile device or otherwise. By accessing and/or using any Site, you also acknowledge and agree to this Privacy Policy and to our Terms of Use. By accessing and using any Site, you further agree that we may change, alter or modify the settings or configurations on your device in order to allow for or optimize your use of the Site.
It is important that you read this Privacy Policy carefully and in its entirety, because it constitutes a written agreement between you and us and they affect your legal rights and obligations. Each time you access and/or use a Site (other than to simply read this Privacy Policy), you agree to be bound by and comply with this Privacy Policy and the Terms of Use. Therefore, do not use the Site if you do not agree.
This Privacy Policy also applies to our customer data collection activities offline, but does not govern the data practices of third parties that may interact with our Site. To the extent we provide you notice on our Site of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms will govern such data collection and use.
We reserve the right to modify this Privacy Policy from time to time. When we do so, the “Last Updated” line will be changed. It is your responsibility to review the Privacy Policy, as well as the Terms of Use and any Additional Terms. Your use of a Site after the Privacy Policy, Terms of Use and/or any Additional Terms have been modified will constitute your agreement to be bound by those modified provisions.
Summary
It is important that you read and understand the entire Privacy Policy before using the Site. For convenience of reference, we have included below a summary and a link to the full explanation. Please note, however, that the complete provisions, and not the headings or summaries, govern. You can click on the headings and “More” buttons to be taken to the full explanation.
What Information Does the Site Collect?
We collect and receive information about you as you interact with our Site, explained further in this section. More
a. Information You Provide to Us
We may collect certain Personal Information and Demographic / Product Information that you provide to us when you interact with the Site. For example, we may collect this information through various forms and in various places on the Site, including newsletter registration forms, through “contact us” or customer service forms, or when you otherwise interact with the Site. More
b. Information We Collect or Store as You Access and Use the Site
We may collect certain information from you automatically when you access and use the Site. For example, we and third parties may use Tracking Technologies to collect Usage Information based on your Device Identifier for a variety of purposes, including tracking, targeting, and advertising, which may include activities across time and third-party locations. You can avoid such tracking by not using the Site. More
c. Information Third Parties Provide About You
We may obtain information about you from third parties. More
d. Information You Provide About a Third Party
You may provide us information about others, such as when you send a friend a message. If so, the information you provide (names, e-mail addresses, mobile number, etc.) may be used to facilitate the communication, but will not be used for other marketing purposes unless your friend consents. You may be identified to the friend in connection with such message. More
2. How Do We Use the Information Collected?
We may use your Personal Information, Demographic / Product Information and Usage Information for a variety of purposes detailed in this section. More
3. How and When Do We Share Information With Third Parties?
We may provide your information to third parties under various circumstances detailed in this section.
a. When You Request Information from or Provide Information to Third Parties
If you request information from third parties, request that we send information to third parties or interact with third-party sites, content, ads or tools (including Facebook and other third party sharing functionality) we may share your information with such parties and/or they may collect your information directly. More
b. Third Parties Providing Sites on Our Behalf
Our vendors may collect your information, share your information with us or we may share your information with them in connection with their services for us. More
c. To Protect the Rights of Oleander and Others
There are a variety of administrative and legal reasons for which we may share some or all your information. More
d. Affiliates and Business Transfer
We may share your information with our Affiliates or in the event of a sale, merger or similar transaction. More
e. Co-Branded Areas
Co-branded areas may include information collection by us and third parties. Such third parties’ privacy policies, not ours, govern their practices. More
f. Sweepstakes, Contests and Promotions
To enter a Promotion, you may be required to consent to certain information sharing. More
4. Do Third-Party Content, Links to Third-Party Site(s) and/or Third-Party Applications Appear on the Site?
We may allow you to access third-party content, applications and locations from the Site, such as our retailers’ sites, but we are not responsible for your interaction with third-party content, applications and locations. More
5. Ads and Information About You
We and third parties may send you ads on the Site or on other websites and online services, including targeted ads based on your location, information and/or behavior. If you object, do not use our Site and/or exercise choices some third parties may offer. More
6. How Do I Change My Information and Communications Preferences?
You may change certain account information and communications preferences as more fully detailed in this section. More
7. What About the Location of Information?
Our Site is operated in the United States and Canada. You consent to the delivery of data about you to these locales. Information we collect about you may be transferred to, processed, stored and used in countries where the local governments and authorities may be able to access that information without notice to you. More
8. What About Security?
No data security is absolute, but we take reasonable steps to secure data appropriately. More
9. What Should Parents Know About Children?
We do not intend to collect Personal Information from children. If you think we have, let us know. More
10. What About Changes to the Privacy Policy?
We may change this Privacy Policy upon posting of a revised policy. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Site indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected Personal Information in a manner materially different than represented at the time it was collected without your consent. More
1. What Information Does the Site Collect?
(a) Information You Provide to Us
On the Site, we may ask you to provide us with certain categories of information such as: (i) personally identifiable information, which is information about you, such as your first and last name, e-mail address, and physical address (“Personal Information”); and (ii) demographic (e.g., region) and product information (“Demographic / Product Information”). We may collect this information through various means and in various places on the Site, including account registration forms, “contact us” and customer service forms, or when you otherwise interact with the Site. To the extent we combine Demographic / Product Information with your Personal Information we collect directly from you on the Site, we will treat the combined data as Personal Information for purposes of this Privacy Policy.
(b) Information We Collect or Store as You Access and Use the Site
In addition to any Personal Information or other information that you choose to submit to us via our Site, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Site (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Site.
This Usage Information may include, among other information:
Your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to the Device you use to access the Site, and our computers identify your Device by its Device Identifier;
Your Device functionality (including browser, operating system, hardware, mobile network information, etc.);
The URL that referred you to our Site;
The areas within our Site that you visit and your activities there, including remembering you and your preferences;
Your Device location;
Your Device characteristics; and
Certain other Device data, including the time of day.
We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. These Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
Cookies. A cookie is a data file placed on a Device when it is used to visit the Site. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built in, or downloaded by you, to your Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective for Flash cookies or HTML5 cookies. For information on disabling Flash cookies go to Adobe’s website, www.adobe.com. Please be aware that if you disable or remove cookies, Flash cookies, or HTML5 cookies on your Device, some parts of our Site may not function properly, and that when you revisit our Site your ability to limit cookies is subject to your browser settings and limitations;
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Site’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for multiple purposes, including, without limitation, to count visitors to the Site, to monitor how users navigate the Site, to count how many e-mails that were sent were actually opened and to count how many particular articles or links were actually viewed;
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter;
Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification;
ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies; and
Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).
We may use Tracking Technologies for a variety of purposes, including:
Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our Site, including cookies required to prevent fraudulent activity, improve security or allow you to make use of Site functionality;
Performance Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Site, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Site;
Functionality Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Site, including identifying you when you sign in to our Site or keeping track of our specified preferences, including in terms of the presentation of content on our Site; and
Targeting Related. We may use Tracking Technologies to deliver content, including ads, relevant to your interests on our Site and third-party sites based on how you interact with our advertisements or content. This includes using Tracking Technologies to understand the usefulness to you of the advertisements or content that have been delivered to you. Further information on this, and your opt-out choices, is found in Section 5 below.
We may use other Tracking Technologies in connection with the Site. Further, third parties may use Tracking Technologies in connection with our Site, which may include the collection of information about your online activities over time and across third-party websites or online services. We may not control those Tracking Technologies and we are not responsible for them. However, you consent to potentially encountering third party Tracking Technologies in connection with your use of our Site and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties.
(c) Information Third Parties Provide About You
We may receive information about you from your friends and others that use the Site, for example if they use our Site to send you a link or an invitation. However, your Personal Information they provide to facilitate the communication is not used by us for any other marketing purpose unless we obtain consent from you. We may, from time to time, supplement the information we collect directly from you on our Site with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you.
(d) Information You Provide About a Third Party
You may send someone else a communication, such as sending a link or invitation to a friend, from the Site. If so, the Personal Information you provide (names, e-mail addresses, mobile number, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Site, your e-mail address, mobile number, name or user name and message may be included in the communication sent to your addressee(s). Some of these tools may be third-party tools subject to third-party privacy policies as further detailed in Section 1(c) and Section 4, as applicable.
2. How Do We Use the Information Collected?
We may use your Personal Information, Demographic / Product Information or Usage Information that is subject to this Privacy Policy for various purposes, including the following:
To provide you with information or services or process transactions that you have requested or agreed to receive. These may include, without limitation, sending you electronic newsletters and/or providing you with special offers, information, marketing and/or promotional materials on behalf of us or third parties (such as our distributors and retailers), in compliance with applicable law;
To enable you to participate in a variety of the Site’s features, for example enabling you to participate in online entry sweepstakes, contests or other promotions;
To process your registration with the Site, including verifying that information you provide is current and valid;
To improve the Site or our services, to customize your experience on the Site, or to serve you specific content or ads that may be relevant to you;
To respond to your requests for information, including providing customer support;
To contact you with regard to your use of the Site, for example to request that you participate in a survey;
To notify you of product recalls or provide other information concerning products you have purchased;
To identify your product and Site preferences, so that we can inform you of new or additional products, services and promotions;
For internal business purposes; and
For purposes disclosed in our Terms of Use or otherwise at the time you provide your information or as otherwise set forth in this Privacy Policy.
Please note that information submitted to the Site via a “contact us” or other similar customer service inquiry function may not receive a response and, subject to applicable law, we may use that information for marketing purposes.
3. How and When Do We Share Information with Third Parties?
We may share non-Personal Information, such as aggregated user statistics, with third parties. We may share your Device Identifiers with third parties along with data related to you and your activities. If you are a U.S. resident, we may also share your Personal Information with our retailers and others that we think you would be interested in hearing from so that they can send you information. Oleander may disclose your information as follows:
(a) When You Request Information from or Provide Information to Third Parties. You may be presented with an option on our Site to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools, apps or ads on our Site or link to them from our Site. This may include using third-party tools such as Facebook, Twitter, Instagram or other third-party posting or content sharing tools and by so interacting you consent to such third-party practices. It may also include ordering or purchasing products from third parties through us where we indicate that the third party rather than us is the seller. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
(b) Third Parties Providing Sites on our Behalf. We may use third-party vendors to perform certain services on behalf of us or the Site, such as hosting the Site, designing and/or operating the Site’s features, tracking the Site’s activities and analytics, and enabling us to send you special offers or perform other administrative services. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to perform those services for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you. Third-party analytics and other service providers such as Google Analytics may set and access their own technologies on your Device and they may otherwise collect or have access to information about you. These service providers use the technology described above to help us analyze how users use the Site. We are not responsible for those third-party technologies or activities arising out of them. However, some third parties may offer you certain choices regarding their practices. For example, to learn about opting out of Google Analytics, please click here. To the fullest extent permitted by applicable law, we are not responsible for the effectiveness of or compliance with any third parties’ opt-out options.
(c) To Protect the Rights of Oleander and Others. To the fullest extent permitted by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of Oleander or third parties (including through the enforcement of this Policy, our Terms of Use, and other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders). To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.
(d) Affiliates and Business Transfer. We may share your information, including your Device Identifiers and Personal Information, Demographic / Product Information and Usage Information with our direct and indirect parents, subsidiaries and affiliates (“Affiliates”). We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Site or applicable database; (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other such corporate change, including, during the course of any due diligence process; and/or (iii) with our licensors in compliance with agreements.
(e) Co-Branded Areas. From time to time, certain areas of the Site may be provided to you in association with third parties (“Co-Branded Areas”) such as our retailers, licensors and/or others, and in connection with that there may be the ability to disclose Personal Information to them. Such Co-Branded Areas will identify the third party and indicate they may have a privacy policy that applies to their collection and use of your Personal Information. If you elect to register for products and/or services, communicate with such third parties and/or download their content or applications, at Co-Branded Areas, you may be providing your information to both us and the third party. Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Site, your Personal Information may be disclosed to the identified third parties for that Co-Branded Area. We are not responsible for such third party’s data collection or practices, and you should look to such third-party privacy policies for more information.
(f) Sweepstakes, Contests and Promotions. From time to time, we may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Site that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfilment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
4. Do Third-Party Content, Links to Third-Party Site(s), and/or Third-Party Applications Appear on the Site?
The Site may contain links to content that is supplied by a third party, such as our distributors and retailers, and those third parties may collect Usage Information and your Device Identifier when pages from the Site are served to you. In addition, when you are on the Site you may be directed to other services that are operated and controlled by third parties that we do not control, such as our retailers. We are not responsible for the data collection and privacy practices employed by any of these third parties or their services and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others. For example, if you “click” on a link, the “click” may take you off the Site on to a different site. These other sites may associate their Tracking Technologies with you, independently collect data about you, including Personal Information, and may or may not have their own published privacy policies.
5. Ads and Information About You
The Site may use third parties such as network advertisers and ad exchanges to serve advertisements on and off the Site and may use third-party analytics and other service providers to evaluate and provide us and/or third parties with information about the use of the Site and viewing of ads and of our content. Network advertisers are third parties that display advertisements based on your visits and activities across the Internet and mobile media (“Behavioral Ads”). In addition, we may serve ads on our Site based on your Usage Information from your activities on our Site (“Contextual Ads”). Behavioral Ads and Contextual Ads enable us to target advertisements to you for products and services in which you might be interested. If you object to Contextual Ads, do not use our Site. If you object to Behavioral Ads from us on third-party sites, you can learn more about your ability to limit Behavioral Ads below.
Our third-party ad network and exchange providers, the advertisers, the sponsors and/or traffic measurement services may themselves set and access their own cookies (including Flash cookies), web beacons and other Tracking Technologies on your Device and track certain behavioral Usage Information regarding users of your Device via a Device Identifier. These third-party Tracking Technologies may be set to, among other things: (a) help deliver advertisements to you that you might be interested in; (b) prevent you from seeing the same advertisements too many times; and (c) understand the usefulness to you of the advertisements that have been delivered to you. You acknowledge and agree that associated technology may access and use your Device and may set or change settings on your Device in connection with the associated operations. Note that any images (or any other parts of content) served by third parties in association with third-party ads or other content may serve as web beacons, which enable third parties to carry out the previously described activities. We and our service providers, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as a DoubleClick cookie) together to report how our internet advertising methods are related to your related to visits to the Site. To learn more about how to opt out of DoubleClick’s use of cookies, visit the DoubleClick opt-out page, here.
Third-party Tracking Technologies are not controlled by us, even if they are used to serve our ads or interact with our Site. Statements regarding our practices do not apply to the methods for collecting information used by these third parties or the use of the information that such third parties collect. We do however work with third parties to make efforts to have you provided with information on their practices and any available opportunity to exercise choice. The relevant third party’s terms of service, privacy policy, permissions, notices and choices should be reviewed regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third-party advertisers or advertising networks or exchanges or related third parties.
Further, while we and third party sites or other online services that display our ads may use a variety of companies to serve advertisements, you may wish to visit this page, which provides information regarding this practice by Network Advertising Initiative (“NAI”) members. There you may find information about your choices regarding having this information used by these companies, including the “opt-out” procedures of NAI members. Opting out of one or more NAI members only means that those NAI members no longer will be allowed under their own rules to deliver Behavioral Ads to you, which will affect this and other sites, but does not mean you will no longer receive any targeted content and/or ads. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different Device or change web browsers, your NAI opt-out may not, or may no longer, be effective. Additional information is available on the NAI’s website accessible by the above link. You may also opt-out of receiving third-party behavioral ads on this Site by visiting the Digital Advertising Alliance (“DAA”), and you can learn more about it and the opt-out choices it offers here. Similar limitations may apply to the DAA opt-out. We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs.
6. How Do I Change My Information and Communications Preferences?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. If required by applicable law, you may review, correct or update Personal Information you have provided to us by contacting us at hello@oleanderbrands.com. We will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable. With respect to our mobile and other applications (i.e., when we are the application publisher), you can prospectively stop all collection of information by the application by uninstalling the application. You may use the standard uninstall process as may be available as part of your applicable Device or potentially via the appropriate application or app marketplace. Please note that it is not always possible to completely remove or delete all your information from our databases and that residual data may remain on backup media or for other reasons. When you edit your Personal Information or change your preferences on the Site, information that you remove may persist internally for Oleander’s administrative purposes. You may cancel or modify our electronic marketing communications you receive from us by following the instructions contained within our promotional communications or by reaching us at hello@oleanderbrands.com. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of communications the opt-out will be so limited. Subsequent or different subscriptions will be unaffected. Please note that we reserve the right to send you certain communications relating to your account or use of our Site, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications. If you have any questions about the Privacy Policy or practices described in it, you should contact us by e-mail at:hello@oleanderbrands.com.
7. What About the Location of Information?
Our Site is operated in the United States and is primarily intended for users located in the United States. Please be aware that information we collect, including Personal Information, may be transferred to, and processed, stored and used in countries where the local governments, government agencies and law enforcement authorities may be able to access that information without notice to you. By using the Site or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as described in this Privacy Policy.
We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Site and provide us with your information at your own risk.
9. What Should Parents Know About Children?
We understand the importance of protecting children’s privacy in the interactive world. We are a general audience service and do not use the Site to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice and consent under the U.S. Children’s Online Privacy Protection Act (“COPPA”) without such parental consent. If you are a child under thirteen (13) years of age, you are not permitted to use the Site and should not send any information about yourself to us through the Site.
If we become aware that we have collected personal information from any child, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please contact us at hello@oleanderbrands.com.
10. What About Changes to the Privacy Policy?
We reserve the right to change this Privacy Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Site indicates your consent to the privacy policy posted at the time of use. However, we will not use your previously collected Personal Information in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.