Effective Date: 08/06/2021
Last Updated: 08/06/2021
PERSONAL INFORMATION – WHAT IS IT AND HOW DO WE COLLECT IT.
“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual. Under specific laws, Personal Information may include any information relating to a household.
We process Personal Information that you actively submit to us, that we automatically collect through your use of our Site, and that we collect from third-party sources.
We collect Personal Information that you actively submit to us when you make an online purchase, create an account, enroll in any applicable loyalty programs, sign up for Yandy’s Alerts & Info Service program under our SMS Terms & Conditions, contact customer service, submit a refund or warranty request, submit an inquiry, provide feedback, live chat, or otherwise interact with us directly. Examples are provided below. You will know when we collect your Personal Information because we will directly ask you for the information. We will require certain Personal Information for you to use our Services or for us to be able to contact you. There may also be circumstances where providing Personal Information is optional and does not impact your access to the Site.
AGGREGATE SITE USAGE INFORMATION. We collect and store information about the pages viewed by all of our website visitors. We then use this data in aggregate form to identify overall visitor behavior patterns. Our goal in using this information is to improve our site by making it more responsive to the needs and preferences of our users. Our web servers automatically collect information about each visitor who requests Yandy.com web pages, including your computer's internet protocol (IP) address. This IP address allows us to identify your computer on the internet so that the Web content you request from us can be sent to you. From time to time, we may provide portions of this aggregate site behavior of customers’ collective use of our Site with advertisers, sponsors, and other companies with which we do business (“Affiliates” or “Business Partners”). We do this so they, too, can improve functionality and offer services and materials that users want.
ONLINE ORDER INFORMATION. If you choose to purchase products from the Site, we require the following information in order to fulfill your order: We request an e-mail address during the order process so that we can send an e-mail confirmation message acknowledging the receipt of your order. This message contains your name, address, Yandy.com membership number (if applicable), the list of items you purchased, an order reference number, a confirmation of your shipping method, and the total amount of items requested. Please note that this confirmation e-mail does NOT contain your credit card number.
- HOW WE USE YOUR PERSONAL INFORMATION
We use your Personal Information to operate our Site, facilitate order fulfillment, educate our users, promote our products, fulfill our contractual obligations with customers, to analyze the use of the Site to improve our content and service offerings and products, and for administrative and other business purposes. We process Personal Information for our business purposes, including payments, sales and marketing, recruitment, employee training, data analysis, security monitoring, auditing, research, and to comply with applicable laws, the exercise of legal rights, and meet tax and other regulatory requirements.
III. SHARING OF PERSONAL INFORMATION
We Do Not Sell Personal Information to third parties. We provide Personal Information collected from customers under strict restrictions to our customer service and our payment processor. Our payment processor and other related service providers are restricted from making use of customer information outside of providing services to us.
We may share your Personal Information in the following circumstances:
Service Providers. We share Personal Information collected from customers only in limited circumstances to perform tasks on our behalf in supporting the Site. The types of services providers to whom we entrust Personal Information include: (i) our payment processor(s); (ii) our customer service resource provider(s) (as applicable); (iii) automated marketing support platform(s) that facilitate newsletters and other announcements via email; (iv) our website hosting services; and (v) distribution service providers for delivery of purchased products. All onward transfers to third-party service providers who are our processors will be made in accordance with applicable data protection laws. These service providers are only authorized to use your information as necessary to provide the respective service.
Affiliates or Business Partners. To process your order, we may provide our Affiliates or Business Partners with your name, street address, e-mail address, phone number, and credit card information. We will limit the types of information shared to the minimum necessary to efficiently process your order. Where you have opted in to receive money-saving offers, discounts, and promotions from our Affiliates or Business Partners, your Personal Information is shared for this purpose. Subsequent communications about offers may come from us or directly from our Affiliates or Business Partners themselves. As part of your affirmative opt in to receive such offers, you may also direct that we share with our Affiliates or Business Partners certain demographic, geographic, preference, and other personally identifiable information we have gathered about you. Such information will help them in directing to you offers that are more likely to be of interest. We will not share any such information unless expressly directed to do so by you through this process described above.
Other PLBY Group Businesses: We are part of the PLBY Group, Inc. family of businesses. We may share information we collect, including Personal Information, with the other PLBY Group companies. Sharing information with our PLBY Group related companies enables us to provide you with information about a variety of products and services that might interest you. Our PLBY Group related companies also will comply with applicable privacy and security laws and, at a minimum, in any commercial e-mail they send to you, will give you the opportunity to choose not to receive such e-mail messages in the future.
Publicly Posted Content. If you post comments, images, and other content to a location which is public-facing, including any public-facing Websites, Apps, storage locations, or social media, your posted information will be publicly viewable.
With Your Consent. We may share some or all of your information to any other third party with your affirmative consent. For instance, we display personal testimonials of satisfied customers on our Site, social media platform, or other websites in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at the address shown at the top of this policy.
Anonymized Data. We may share information that has been anonymized for aggregate use, in accordance with applicable laws and regulations.
- RETENTION OF PERSONAL INFORMATION
Yandy retains Personal Information for a reasonable time period to fulfill the processing purposes mentioned above. Personal Information is then archived for time periods required or necessitated by law or legal considerations. When archival is no longer required, Personal Information is deleted from our records.
We retain your account information, including Personal Information in your account, while your account is active. After termination or deactivation of your account, we delete your account as part of our standard delete function. Your order history, however, is retained as part of our financial records, and so that we may fulfil our obligations under our refund policy and warranty policy for products. We retain other financial transaction information relevant to tax records and transaction history to meet our regulatory obligations.
We will destroy, erase or make anonymous documents or other records containing Personal Information as soon as it is reasonable to assume that: (a) the original purpose is no longer being served by retention of the information, and (b) retention is no longer necessary for legal or business purposes. Please note we may retain information within our internal systems for backup, archival, audit, or other purposes.
We will keep Personal Information used to make a decision affecting you for at least one year after using it to make the decision, such as job application information from interviewed applicants after the position is filled.
We regularly review our retention policy to ensure compliance with our obligations under data protection laws and other regulatory requirements. We regularly audit our databases and archived information to ensure that Personal Information is stored and archived only in alignment with our retention policies.
- PROTECTION OF PERSONAL INFORMATION
Yandy protects the Personal Information in its custody or control by making reasonable security arrangements to protect against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. We implement both technical and organizational measures to ensure a comparable level of protection across our Site, including through contractual or other reasonable means when relying upon third party services providers to assist in providing our Site to you and in distributing products.
We regularly consider appropriate new security technology and methods as we maintain and develop our Site. Here are some of the ways we protect your Personal Information. When registering for access to a secure area of our Site, such as by creating a customer account, we will ask you to select a username and password. We recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of the Site and close your browser window, your software, application or other interface when you have finished your work. This is to ensure that others cannot access your information and correspondence when accessing your computer.
Please be aware that despite our best efforts to ensure the security of your Personal Information, we cannot guarantee that your information will be 100% secure. Note that confidentiality and security are not assured when information is transmitted through email or wireless communication. Remember that third parties are sometimes able to illegally intercept your unencrypted messages, including online greetings. Anytime you visit a chat room or post a message to an online bulletin board, your email address can be accessed by advertisers looking to compile lists for unsolicited commercial email (also known as spam). Your best protection is to use common sense in all of your online activities. Be sure that you only disclose your email address in circumstances in which it is safe to do so. Beware of scams in which persons unknown to you request your screen name, password, or credit card information. Make sure you verify the identity of anyone asking for Personal Information. Always monitor your children’s online activities and educate them as to the rules for safe Internet use. We believe taking these precautions increase the protection of your Personal Information when using the Internet.
- CALIFORNIA PRIVACY RIGHTS.If you are a California Consumer, you have certain rights with respect to the collection, use, transfer, and processing of your Personal Information as set forth under the California Consumer Privacy Act (CCPA). We reserve the right to limit these rights where permitted under applicable law, including where your identity cannot be reasonably verified or to the extent your rights adversely affect the rights and freedoms of others. To exercise any of the rights below, please contact us via the contact information below. 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.
Collection of Personal Information
When California Consumers access the Site, use Yandy services, purchase our products, or contact Yandy, we collect the following Personal Information.
In the preceding 12 months, we have not sold Personal Information about minors.
In the preceding 12 months, we have not sold Personal Information about consumers.
Right to Know About Personal Information Collected, Disclosed, or Sold
You have the right to request that Yandy disclose the Personal Information it collects, uses, and discloses about you to third parties. There are two types of Right to Know requests you can make:
Right to Know (Abbreviated Request): If you make a Right to Know (Abbreviated Request), you will receive the following information about you:
- Category of personal information collected;
- Categories of sources from which that information was collected;
- The business or commercial purpose(s) for which the information was collected;
d. The categories of third parties to whom Yandy sold or disclosed the category of personal information for a business purpose; and
- The business or commercial purpose for which Yandy sold or disclosed
the category of personal information.
Right to Know (Specific Pieces of Information Request): If you make a Right to Know (Specific Pieces of Information Request), you will receive the following information about you:
- Specific pieces of Personal Information collected about you.
Yandy does not sell any Personal Information of California Consumers. This information will be provided to you free of charge, unless Yandy determines that your request is manifestly unfounded or excessive. You may request this information twice in a 12-month period.
Right of Deletion
You have the right to request that Yandy and its service providers delete any Personal Information about yourself that Yandy has collected from you upon receipt of a verifiable request. This right is subject to exceptions.
You can submit your request by calling us at 800-883-0860. You may also submit a request through a webform available by emailing us at email@example.com.
Yandy provides California Consumers with the ability to submit requests through our request website, our telephone number, and our email address. Yandy must verify that the person requesting information or deletion is the California Consumer about whom the request relates in order to process the request. To verify a California Consumer’s identity, we may request up to up to three pieces of Personal Information about you when you make a request to compare against our records. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity.
Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in your request to verify your identity and will delete any information you provide after processing the request. Yandy reserves the right to take additional steps as necessary to verify the identity of California Consumers where we have reason to believe a request is fraudulent.
You may choose a person registered with the California Secretary of State that you authorize to act on your behalf to submit your requests (“Authorized Agent”). If you choose to use an Authorized Agent, Yandy requires that you provide the Authorized Agent with written permission to allow them to submit your request and that you verify your identity directly with Yandy. Failure to do so may result in Yandy denying your request.
Right to Equal Service
Yandy will not discriminate against you because you exercised any of your rights, including, but not limited to, by:
- Denying goods or services to you.
- Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
- Providing a different level or quality of goods or services to you.
- Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
Purposes and Legal Bases for Processing Personal Data
Yandy will only process your “Personal Data,” as defined by the GDPR, for lawful purposes under the GDPR that are related to Yandy’s business purposes and arising from your relationship with Yandy. Yandy will ordinarily collect and process your Personal Data because it is necessary for the performance of a contract to which you are a party or because Yandy has another legitimate interest in doing so. When Yandy cannot rely on either of such legal grounds, we will seek your prior consent.
Our legitimate interests include but are not limited to:
- Provide you with the products and services you request, view, engage with, or purchase;
- Communicate with you regarding your account or transactions with us; and
- Operate, understand, optimize, develop, or improve our sites, applications, products, services and operations.
Rights of Users Located in the EU
If you use the websites and are located in the EU, EAA, UK, or Switzerland, you are entitled by law to access, correct, amend, or delete Personal Data about you that we hold. A list of these rights is below. Please note that these rights are not absolute and certain exemptions apply.
The right to access.
You have the right to ask us for copies of your Personal Data. This right has some exemptions, which means you may not always receive all the Personal Data we collect and process. When making a request, please provide an accurate description of the Personal Data to which you want access.
The right to rectification.
You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.
The right to erasure.
You have the right to ask us to erase your Personal Data in certain circumstances, including: (i) when your Personal Data is no longer necessary for the purposes for which it was collected or processed, or (ii) your Personal Data must be erased to comply with a legal obligation under EU Union or Member State law.
The right to restrict processing.
You have the right to ask us to restrict the processing of your Personal Data in certain circumstances, including: (i) when the accuracy of the Personal Data is brought into question, or (ii) when we no longer need the Personal Data for purposes of the processing but you require such Personal Data for the establishment, exercise, or defense of a legal claim.
The right to data portability.
You have the right to ask that we transfer the Personal Data you gave us from one organization to another, or give it to you.
The right to lodge a complaint with the supervisory authority.
If you believe your rights under the GDPR have been violated, the GDPR gives you the right to file a complaint with the supervisory authority. A list of Supervisory Authorities is available here:
The right to withdraw consent.
If Yandy obtains your written consent to collect and process your Personal Data, you can subsequently withdraw such consent as to any further processing of information by contacting us at 800-883-0860. To exercise these rights please contact us at 800-883-0860. For your protection, we may need to verify your identity before responding to your request. In the event that we refuse a request, we will provide you a reason as to why.
Right to Object to Processing
You have the right to object to the processing of your Personal Data that is based on legitimate interests. If you make such an objection, we will cease to process the Personal Data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or we can demonstrate the processing is for the establishment, exercise or defense of legal claims. You can object to the processing of your Personal Data by contacting us at 800-883-0860.
Cross-Border Transfers of Personal Data
Personal data that you provide while in the EU, an EAA member state, or Switzerland will be transferred to the United States. The GDPR permits such transfer when necessary for the performance of a contract between you and Yandy, if Yandy obtains your explicit consent to such transfer, or if it is in Yandy’s legitimate interest to transfer the Personal Data. The laws in the United States may not be as protective of your privacy as those in your location. However, when transferring Personal Data to and processing Personal Data in the United States, we will obtain your consent before making any transfers of data.
Retention of Your Personal Data
We will retain your Personal Data until the Personal Data is no longer necessary to accomplish the purpose for which it was provided. We may retain your Personal Data for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, an unauthorized access, as necessary to protect our legal rights, or for certain business requirements.
VIII. YOUR RIGHTS TO ACCESS YOUR PERSONAL INFORMATION. You have the right to access personal information about you that Yandy has collected through this Site by sending a request for access to firstname.lastname@example.org. You can also request that we correct or delete any such information by choosing one of the following options: Send an e-mail to email@example.com and type REMOVE FROM ALL MARKETING in the subject line; call 800-883-0860; Send your request by mail to Yandy.com Membership Services, 6750 W. Van Buren St., Ste. 130 Phoenix, AZ 85043. Remember to include your name, address, membership number (if applicable) and phone number in the request. To verify that the request is authentic, we may require that such request be sent from the email address or billing address associated with your personal information.
PERSONAL INFORMATION OF MINORS.