Privacy Rights Notice

RESIDENTS OF COLORADO, TEXAS AND VIRGINIA

Effective Date: 09/06/2024

This Privacy Rights Notice is part of, and fully incorporated into, our Privacy Policy.

If you are a resident of Colorado, Texas, or Virginia, the following provisions may apply to our processing of 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 (“personal information”) subject to the Colorado Privacy Act, the Texas Data Privacy and Security Act, or the Virginia Consumer Data Protection Act (collectively the “Privacy Laws”). 

Colorado, Texas, and Virginia define a ‘Consumer’ as a resident of the state who is acting in an individual or household capacity, but this excludes state residents who are acting in an employment capacity (as one of our current, former or prospective employees) or in a commercial capacity (as an employee, owner, director, officer, etc. of an entity communicating with us in that context).  As a result, if you reside in one of these states and have interacted with us in an employment or commercial capacity you are not provided the rights described below by the Privacy Laws.

For Consumers, the provisions of this section prevail over any conflicting provisions of this Privacy Statement. We adopt this section of our Privacy Statement to comply with the Privacy Laws of and any terms defined in the Privacy Laws have the meaning set forth in the law of your state of residence when used in this section.

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INFORMATION COLLECTED, SOURCES, AND BUSINESS PURPOSE FOR COLLECTION

The following table lists the categories of Consumer personal information, whether we have collected information in the category during the past 12 months, the sources of the information, and the business purposes for which we collect and use the information.  The categories of information include information we collect from our website visitors, registered users, and any other Consumer that interacts with us either online or offline. Not all information is collected about all individuals.   

*MORE SPECIFICALLY, THE BUSINESS PURPOSES INCLUDE:  

1. Performing services for you: 
   1. To administer or otherwise carry out our obligations in relation to any agreement to which we are a party;
   2. To assist you in completing a transaction or order;
   3. To allow tracking of shipments; 
   4. To prepare and process invoices;
   5. To respond to queries or requests and to provide services and support;
   6. To provide aftersales customer relationship management;
   7. To create and manage our customer accounts; 
   8. To notify you about changes to our services and products; 
   9. To administer any promotion, contest, survey, or competition;
   10. To provide you information regarding our products and services, 
   11. To offer our products and services to you in a personalized way, for example, we may provide suggestions based on your previous requests to enable you to identify suitable products and services more quickly.

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2. Advertising customization:
   1. For marketing and promotions we believe you may find of interest and to provide you, or allow selected third parties to provide you, with information about products and services that may interest you.

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3. Auditing relating to transactions, internal research and development:
   1. To provide for internal business administration and operations, including troubleshooting, Site customization, enhancement or development, testing, research, administration and operation of our Sites and data analytics;
   2. To create products or services that may meet your needs;
   3. To measure performance of marketing initiatives, ads, and websites “powered by” another company on our behalf.

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4. Security detection, protection and enforcement; functionality debugging, error repair:
   1. As part of our efforts to keep our Sites safe and secure; 
   2. To ensure the security of your account and our business, preventing or detecting fraud, malicious activity or abuses of our Sites, for example, by requesting verification information in order to reset your account password (if applicable); 
   3. To ensure the physical security of our premises through the monitoring of surveillance images;
   4. To resolve disputes, to protect the rights, safety and interests ourselves, our users or others, and to comply with our legal obligations.

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5. Quality control:
   1. To monitor quality control and ensure compliance with our legal obligations, codes and ordinances, policies and procedures, 
   2. To develop and improve our products and services, for example, by reviewing visits to the Sites and various subpages, demand for specific products and services and user comments.

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‍PROCESSING SENSITIVE PERSONAL INFORMATION 

We collect and process Sensitive Personal Information with your consent (when you voluntarily provide it to us) or to comply with our legal obligations. We do not collect or process Sensitive Personal Information about children.

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DISCLOSING PERSONAL INFORMATION

From time to time we disclose Consumer information as described below.  This includes disclosing information to our service providers such as advertising or marketing partners, analytics partners, professional advisers, lawyers, bankers, staffing partners, auditors and accountants, and, when required by law, to regulators or law enforcement. 

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A. Disclosure of Personal Information for a Business Purpose.

We may disclose Consumer personal information to service providers and others for a business purpose. The business purposes are listed above. When we disclose Consumer personal information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we may have disclosed the following categories of Consumer personal information to service providers (such as payment processors, mail houses, marketing partners, shipping partners; professional advisors); affiliated companies; government regulators; strategically aligned businesses; or, when required by law, regulators or law enforcement. Identifiers, Protected personal information, Protected anti-discrimination classification information, Commercial Information, Electronic network activity information, Audio, video or similar information, Geolocation, Sensitive personal information. Not all information is disclosed to the above; photographs or other Consumer content posted by Site users are available to the public. 

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B. Disclosing Personal Information in Sale Arrangements

We do not sell Consumer personal information for monetary consideration but we may transfer Consumer information to a third party that provides us with services such as helping us with advertising, data analysis and analytics, and security, which may fall under the definition of for “other valuable consideration” and which may therefore be considered a “sale” under some of the Privacy Laws. We do not sell the personal information of individuals we actually know are less than sixteen (16) years of age. Please see below for opting out of having your information sold. In the preceding twelve (12) months we may have disclosed the following categories of information for a business purpose which falls within the definition of a ‘sale:’  Identifiers, Protected personal information, Protected anti-discrimination classification information, Commercial Information, Electronic network activity information, Audio, video or similar information, Biometrics, Geolocation, Sensitive personal information.

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C.  Sharing Personal Information for Targeted Advertising

Sharing Consumer personal information means making it available to a third party so that they can use it to display targeted advertisements to you. Targeted advertising means that we display an advertisement to you that is selected based on personal information about you that we obtained or inferred over time from your activities across other companies’ websites, applications or online services that we use to predict your preferences or interests.  

For example, when you visit or log in to our Site, our online data partners or vendors may set or use cookies, pixels and similar technologies that they use to connect personal information about you collected from our Site with personal information about you that they or others have about you based on your online activities on websites unrelated to ours. This may include matching or linking your personal information with your email or home address. These data partners or vendors provide this combined information to us.  We do not disclose this information to others.  We (or service providers on our behalf) may then use this information to send communications and marketing to your email or home addresses.

Targeted advertising does not include using your interactions with us or information that you provide to us to select advertisements to show you. In the preceding twelve (12) months, we have shared the following categories of personal information of non-minors for targeted advertising: Identifiers, Protected personal information, Protected anti-discrimination classification information, Commercial Information, Electronic network activity information, Audio, video or similar information, Biometrics, Geolocation, Sensitive personal information.

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CONSUMERS’ RIGHTS AND CHOICES.

The Privacy Laws provide Consumers in Colorado and Virginia with specific rights regarding their personal information. 

This section describes Consumers’ rights under the Privacy Laws, explains how to exercise those rights, and provides information about the response timing and format and your rights to appeal our decisions.

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A.  Information Confirmation/Access and Data Portability Rights

Consumers have the right to request that we confirm whether or not we hold information about them and to access such information.  Consumers also have the right to request a copy of the specific pieces of personal information we collected about you. Once we receive and confirm your verifiable Consumer request, we will disclose to you:

• Whether we hold personal information about you and how you may access it. 
• The specific pieces of personal information we collected about you. Please note that this disclosure will not include data generated to help ensure security and integrity or as prescribed by regulation. We will endeavor to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to your registered account, if you have registered an account with us.

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B. Consumers’ Deletion Request Rights

Consumers have the right to request that we delete any of their personal information that we collected from them and retained, subject to certain exceptions. Once we receive and confirm a verifiable Consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies under applicable law. If we retain information under an exception we will advise you in response to your request.  

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C.  Consumers’ Information Correction Rights

Consumers have the right to request that we correct information that we hold which is inaccurate.  We will require that you provide information about yourself so that we can verify your identity before we can make any change in the information we hold about you and we will use commercially reasonable efforts to make the requested corrections.  In some cases, for instance if you have an account with us, you can update your information by logging into your account.  

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D. Consumers’ Opt-Out Rights

• Do Not Sell My Personal Information.  If you are 16 years of age or older, you have the right, at any time, to direct us to not sell your personal information. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

• Do Not Share My Personal Information.  Consumers have the right at any time to opt out of having your personal information used or shared for targeted advertisements.  When Consumers opt out we will not share their personal information with others that they can use to send the Consumer targeted advertisements and we will not use information we obtain over time about Consumers’ activities with third party companies to show advertisements.  We can still use information that we receive from your interactions with us to select advertisements we think may be of interest to you.

• Limit Processing of Personal Information for Profiling.  Consumers have the right to tell us not to process Personal Information for profiling purposes.  “Profiling” means any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable natural person's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements where the information is used by us to make a decision that results in the provision or denial by us of financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health care services, or access to basic necessities, such as food and water.  We do not engage in this activity.

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EXERCISING CONSUMER RIGHTS

A. Making a Consumer Request.

Consumers may make a verifiable Consumer request for confirmation/access or data portability only twice within a 12-month period. All other requests may be made at any time. 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. We will only use personal information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request.

• Confirmation/Access, Portability, Correction and Deletion.  To exercise the confirmation/access, portability, correction, and deletion rights Consumers may contact us by live chat at givebutter.com or by email at [email protected].  We will ask you for information that allows us to reasonably verify your identity (that you are the person about whom we collected personal information) and will use that information only for that purpose. We may request that you submit a signed statement under penalty of perjury that you are the individual you claim to be. 

• Opt-Out Rights.  To opt out of the sale of your personal information, the sharing or use of your personal information for targeted advertising, you may submit a request to us by clicking the following appropriate link: “Do Not Sell or Share My Personal Information".  You may make Opt Out requests at any time.  We do not provide an opt out for profiling because we do not engage in that activity.

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You may also opt out by activating a user-enabled Global Privacy Control, such as a browser plug-in or privacy setting, device setting, or other mechanism, that communicates or signals your choice to opt-out of the sale and sharing of personal information. When we receive such a signal we will stop setting third party, analytics, or advertising partner cookies on your browser.  This will prevent the sale or sharing of information relating to that specific device through cookies to our advertising or analytics partners. This option does not stop all sales or sharing of your information because we cannot match your device’s identification or internet protocol address with your personally identifiable information like your name, phone number, email address or ZIP Code.  If you delete cookies on your browser, any prior do not sell or do not share signal is also deleted and you should make sure that your user-enabled setting is always activated.

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B.  Using an Authorized Agent. 

You may submit a request through someone holding a formal Power of Attorney or who is otherwise authorized by you to act on your behalf. We will require the agent to submit proof to us that they have been authorized to make requests on your behalf.

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C. Our Responses.

We will endeavor to respond within forty-five days of receipt of your request, but if we require more time (up to an additional forty-five days) we will notify you of our need for additional time. 

For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance (e.g. Microsoft Excel file and/or Adobe PDF file). 

For requests for deletion of your information, please understand that Privacy Laws permit us to retain certain information and not delete it under certain circumstances.  

We cannot respond to your request or provide you with personal information if we cannot verify your identity and confirm that the personal information relates to you. 

We do not charge a fee to process or respond to your verifiable Consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

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NON-DISCRIMINATION

We will not discriminate against you as a result of your exercise of any of these rights.  

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RETENTION OF PERSONAL INFORMATION

We will store Consumer personal information in a form which permits us to identify Consumers, for as long as necessary for the purpose for which the personal information is processed.  We may retain and use such personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically reasonably feasible to remove it. We retain information Consumers provide in connection with requests made under the Privacy Laws for a period of two years.

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APPEALING DENIED REQUESTS

If we have denied your Consumer request you have the ability to file an appeal with us.  To file an appeal with us, either:

• Contact us via live chat at givebutter.com

• Contact us via email at [email protected]

We will respond to you in writing within 45 days explaining the reasons for our decisions.  If we deny your appeal you can contact your state Attorney General at: 

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Colorado residents:

Office of the Attorney General
Colorado Department of Law
Ralph L. Carr Judicial Building
1300 Broadway, 10th Floor
Denver, CO 80203
(720) 508-6000

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Texas residents: 

Office of Attorney General
PO Box 12548
Austin, TX 78711-2548
‍https://www.texasattorneygeneral.gov/consumer-protection 

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Virginia residents:

Office of the Attorney General
202 North Ninth Street
Richmond, Virginia 23219
(804)786-2071

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CHANGES TO THIS NOTICE

We reserve the right to amend this Notice at our discretion at any time. When we make changes to this Notice, we will post the updated notice on our website and update the Notice’s effective date.