PRIVACY POLICY

Privacy Policy

DES Brands LLC dba Budpop and its Affiliates (collectively “Budpop,” the “Company,” “we,” “us,” and “our”) respect your privacy and take the privacy and security of your Personal Information (defined below) very seriously.  This Privacy Policy (“Policy”) explains the types of data we collect, how we may use, disclose and protect your Personal Information, and the choices available to you regarding our use of your Personal Information.

This Policy applies to the Personal Information that we obtain through our websites (including mobile versions of our websites), the various social networking platforms that we use (each, a “Site”), or otherwise in connection with your use of our products and/or services (collectively with the Site, “the Services”).  This Policy, along with our Terms of Use, governs your use of the Services.  By using the Services, you agree to the collection, use, and disclosure of your Personal Information as described in this Policy.  If you do not agree, please do not use our Services.

For the purposes of this Policy, “Personal Information” means data about an individual who can be identified from that data, or by combining it with other data.  Personal Information does not include anonymous or aggregated data that can no longer be used to identify a specific person, even if combined with other data.  The specific definition of Personal Information may vary from one jurisdiction to another.

For purposes of this Policy “Affiliates” are those persons or entities directly or indirectly controlling, controlled by, or under common control with Budpop.

European Union (EU) Residents

Those living in the EU should also view the “European Privacy Rights” section of this Policy for more information about your privacy rights.

California residents

Those residing in California should also view the “California Privacy Rights” section of this Policy for more information about your privacy rights.

Collection of Personal Information

We may collect Personal Information from you when we interact with you, including when you visit our Site, place an order, create an account, subscribe to a newsletter, enter sweepstakes and contests, completes surveys, submit a product review, agree to receive communications from us, or otherwise engage with services, features or resources available on our Site.  Such Personal Information may include your:

  • Identifiers (e.g., name, alias, online identifier and birthdate and gender, but only when you choose to provide us with that information)
  • Contact information (e.g., email addresses, shipping or billing addresses, telephone number(s), social media profile name)
  • Account Profile Information (e.g., such as your username or similar identifier, account password, purchase and order history)
  • Commercial Information (e.g., as credit card, debit card, and other financial payment information).  Our purchase transactions are processed and secured via third-party vendors.  Budpop does not store credit card information.
  • Information shared by you in communications with Budpop, such as your intended or actual use of our products, questions about our products, and records of your communications with us
  • Feedback or information you disclose on the Site (e.g., ratings and reviews), in blogs, on message boards, in chat rooms, on social media, or in other public areas, becomes public information.  Please exercise caution when disclosing Personal Information in these public areas, including personal health information
  • Health related data, specifically any positive or negative reaction you might have to one of our products and relevant health information that you choose to share with us or any of our service providers)
  • Products or services you have purchased, obtained, or considered purchasing

If you interact with us on social media platforms (such as Instagram, Facebook, Twitter, Google, You Tube, and Pinterest), we may collect information that you or the platform shares with us. For more information about the privacy practices of such platforms, please review their privacy policies and privacy settings.

Internet and Electronic Activity Information, information about your devices that you share automatically to help you access our Sites, including technical identifiers such as your internet protocol (“IP”) address, geolocation information, your web browser software and version; and, if you arrived at our Sites through a link from another website, information about the page you came from.  We also collect online activity usage information, such as information about your activity while using our Site, including information we may gather through the use of cookies, web beacons and other similar tools that tell us which pages you choose to view, and queries you make using our “search” function.  For more information about how and when we collect this information and what we do with it, please see the “Cookies and Tracking” sections of this Policy.

We may obtain data or information about you from other sources, such as business partners, data analytics providers, marketing or advertising service providers, fraud prevention service providers, vendors that provide services on our behalf, or publicly available sources.  We also create data and information based on our analysis of the data and information we have collected from you.

Use of Personal Information

In addition to the purposes mentioned above, we may use the Personal Information we collect from you and about you to perform business functions, including, but not limited to, enable users to use our Site and its features; personalize your experience; learn about your use of the Site; administer the Site and your account with us; improve and further develop the product, services, content, features, performance, and support available through our Site; process and fulfilling your transactions; comply with and enforce applicable legal and regulatory requirements industry standards and our policies and terms; provide and improve customer service; administer promotions, surveys, marketing and advertising campaigns; deliver marketing communications, promotional materials, or advertisements; protect our rights and property and that of others; conduct market research; prevent fraud, theft, unauthorized transactions, claims and other liabilities; protect and maintain the security and integrity of our Site and information technology infrastructures and of our customers and visitors to our Site; and other legal purposes, such as pursuing remedies available to us and limiting our damages complying with judicial proceedings, court orders, legal process, or lawful requests from governmental authorities.

We may use your Personal Information to send you information about topics we think will be of interest to you, including product information, company news, and updates.  You may always unsubscribe from receiving any such communications.

Sharing of Personal Information

Our employees may access your Personal Information to perform their jobs and service your needs.  We authorize their access on a need-to-know basis to provide you with our Services, or for one of the other reasons listed in this Policy.

We may share your information with our Affiliates.

We may share Personal Information on an as-needed basis with third party service providers who help us operate our business, for example by hosting or operating our Site, storing data in the cloud, managing databases, performing analyses, sending out communications for us such as newsletters or surveys, processing payments and orders, shipping your orders, and responding to customer service requests. We require those providers not to disclose Personal Information and to use only it for the limited purposes we provided it.

We may transfer and/or disclose your Personal Information as part of a business divestiture, sale, merger, or acquisition of all or a part of our business. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Policy. In the event of an insolvency, bankruptcy, or receivership, your Personal Information may also be transferred as a business asset.

We may release your Personal Information to others (including law enforcement) if we believe such release is reasonably necessary (i) to comply with a government or law enforcement request or judicial process; (ii) to operate the Site; (iii) to process any orders or registrations; (iv) to conduct any promotions, contests, or sweepstakes in which you participate; or (v) to protect our rights or property and of our Affiliates, users, customers, recipients, sponsors, providers, licensors, or merchants.

In addition, we may share aggregate, non-individual data incapable of identifying a particular person, with third parties for lawful purposes.

Cookies

A “cookie” is a small file stored on your computer by a website.  We use cookies or similar technology to transact with you, gather navigation information, facilitate your use of our shopping cart, enhance and personalize your experience, analyze usage patterns, and improve our Site and Services.  You can find out more about our use of cookies and manage them here.  You may be able to disable cookies by changing a setting in your web browser.  Please note, however, that without cookies you may not be able to take full advantage of all the features on our apps and sites.

Tracking and Third-Party Advertising

We and our third party service providers (such as ad networks, web analytics companies and social media and networking platforms) may use pixels, cookies, web beacons, clear GIF, internet tags, code snippets, app embeds and similar tracking mechanisms to collect information about you (including your email address) and your online activities over time and across our Site and third-party websites. We (or service providers on our behalf) may then send advertising and marketing materials to those email addresses.  You may opt out of receiving such advertising by visiting https://app.retention.com/optout.

Our Site allows for third party “targeting” advertisements which permits tracking information to be shared with advertisers and marketing partners, data analytics providers, and social media networks

Retaining and Protecting Personal Information

We will not keep your Personal Information for longer than is necessary for the purposes we collected it.  To protect your Personal Information, we maintain a variety of security measures, including physical, electronic and administrative safeguards.  No system can be completely secure, so we do not promise, and you should not expect, that your Personal Information, searches, or other communications will always remain secure.  To the extent that you utilize a password-protected service or feature with us, you are responsible for maintaining the confidentiality of the password and for any activities that occur through its use.

Data Movement

Budpop may maintain your Personal Information outside of your state, province or country where data protection laws may differ from your resident jurisdiction.  We process data, including Personal Information, in the United States. We do not transfer your Personal Information to another country without the existence of adequate security and privacy controls.  

Children

Our Site is designed for a general audience and are not directed to minors or children.  We do not knowingly collect or solicit any information from children under the age of 21.  If you are a parent or guardian that becomes aware that your, or another person’s, child has provided us with Personal Information without your consent, or that of another parent or guardian, contact us at so that we may remove it.  If we become aware that a minor or child under 21 has provided us with Personal Information, we will delete it from our files.

Links

You may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties.  We do not control the content or links that appear on third party sites and are not responsible for the practices employed by websites linked to or from our Site.  In addition, third party sites or services, including their content and links, may be constantly changing.  These third-party sites and services may have their own privacy policies and customer service policies to which you will be subject.

Changes

If we make changes to this Policy, the updated Policy will be posted on the Site with the “Last Updated” data at the bottom. Please consult the Policy periodically for updates. Your continued use of the Site following the posting of such updates constitutes your acceptance of such changes.

Contact Us

For more information about our privacy practices, to make requests related to your privacy rights, or if you would like to make a complaint, please contact us by email at support@budpop.com with “Privacy” in the subject line, or by mail at the following address:

DES Brands LLC dba Budpop
Attn: Legal Department

1851 Big Town Blvd. Suite 500
Mesquite, TX 75149

Last Updated March 1, 2023

California Privacy Rights

Under the California Consumer Privacy Act (“CCPA”), residents of California are provided with certain rights regarding their personal information:

  • the right to know, by way of our Privacy Policy and any specific inquiries you direct to us, the categories of personal information we collect from you, the source(s) of that personal information, what we use that data for, whether it is being disclosed or sold, and if so, to whom;
  • the right to “opt-out” of Budpop’s sale of your Personal Information to any third parties;
  • the right to request Budpop to stop sharing your Personal Information with third parties;
  • the right, with some exceptions, to have your Personal Information deleted from Budpop’s possession or control;
  • the right to correct inaccuracies in your Personal Information; and
  • the right to receive equal service and pricing from Budpop even if you exercise any of your privacy rights.

For all California residents, any such inquiries shall be responded to within forty-five (45) days and at no cost to you.  We must verify your identity with respect to such inquiries.  Depending on the nature of the Personal Information at issue, we may require additional measures or information from you as part of that verification.  You (or a person registered with the California Secretary of State you have authorized to act on your behalf) may make up to two such inquiries within a twelve-month period.

We do not sell your Personal Information to third parties as the term “sell” is traditionally understood. However, we may allow certain third parties (such as certain online advertising partners) to collect your Personal Information via automated technologies on our Site in exchange for non-monetary consideration, such as enhanced ability to serve you content and advertisements that may be of interest to you, including identifiers, certain contact information, online activity and inferences. If and to the extent a “sale” under the CCPA is interpreted to include such advertising technology activities such as those implemented specifically for certain targeted advertising on our Site, as a California resident.

For more information about third party services and to opt out of their tracking mechanisms, please see “Tracking and Third Party Advertising” here.

To contact us to exercise any of the California rights listed above, please email us at support@budpop.com or contact us by mail at:

DES Brands LLC dba Budpop
1851 Big Town Blvd. Suite 500
Mesquite, TX 75149

You must put the statement “Your California Privacy Rights” in the subject field.  We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

European Privacy Rights

The following disclosures apply to our processing of Personal Data within the scope of the General Data Protection Regulation (“GDPR”) from one or more of the European Union Member States plus Iceland, Lichtenstein and Norway (together known as the “European Economic Area” or “EEA”), and likewise guide our processing of the Personal Data of residents of the United Kingdom (“UK”) and Switzerland.

For the purposes of this Policy, “Personal Data” means data about an individual who can be identified from that data, or by combining it with other data.

We collect and process information about you only where we have legal bases to do so, including

  • our need to provide you the Services, operate the Services, provide customer support, personalize features, and secure and protect the Services;
  • our legitimate interest (which is not overridden by your data protection interests) in research and development, marketing and promoting the Services, and protecting our legal rights and interests;
  • your consent to do so for a specific purpose; or
  • to comply with a legal obligation.

As a resident of the EU, EEA, UK or Switzerland, you have certain rights with respect to the processing of your personal data, including:

  • Access. You have the right to know if we are processing personal data about you and, if so, to access and obtain a copy of personal data about you, as well as information relating to the processing of that data.
  • Correction. You have the right to have us promptly correct or update any personal data about you that is inaccurate or incomplete.
  • Erasure. You have the right to request deletion or erasure of your personal data in a number of circumstances as required by law, including when we no longer need the personal data for the purposes for which it was collected, you have withdrawn consent or, when we are relying on legitimate interests as a legal basis, and your rights override our legitimate interests.
  • Portability. You have the right to obtain a copy of the personal data we hold about you in a structured machine-readable format and to have it transmitted to another controller. This right only occurs where we are relying on your consent or performance of a contract as our legal basis and the processing is carried out automatically.
  • Restriction of Processing. You have the right to restrict or limit the ways in which we process your personal data when you contest the accuracy of the personal data, when your data has been obtained by us unlawfully, when you have objected to our processing of the data and we are considering whether to cease processing, or when we no longer need to process the personal data.
  • Withdrawal of Consent. When we rely on consent as the basis for processing personal data, you have the right to withdraw your consent. Your withdrawal will not affect any processing that has already taken place. In some cases, your withdrawal may mean you can no longer use the Services or some portion(s) of them.
  • Objection. You have the right to object to our processing of your personal data when we are relying on legitimate interests as our legal basis and your rights override our legitimate interests in processing the personal data. You also have the right to object to our processing of the personal data for direct marketing purposes.
  • Complaint. You have the right to make a complaint about our personal data handling practices to your local Supervisory Authority.

Retention

We retain personal data pursuant to our records retention program, for as long as is necessary for the purposes set out in our Privacy Policy unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights, in accordance with Article 5(1) of the GDPR.

Cross Border Transfer

Personal data that you directly provide to us through our Site is stored on servers in the United States. We transfer any personal data from the EEA or UK to the United States using standard contractual data protection clauses approved by the European Commission, consistent with the practices described in this Privacy Policy. We do not transfer any personal data from the United States to other countries unless they have adequate protections in place to protect it.

Data Security

We seek to use reasonable organizational, technical and administrative measures to protect personal data within our firm. Unfortunately, no data system can be guaranteed to be secure at all times. If you have reason to believe that your interaction with us is no longer secure, please immediately contact us.

Contact

If you have questions or concerns about your rights as they relate to this Privacy Policy or the Site, please direct your inquiries to:

DES Brands LLC dba Budpop
Attn: Legal Department
1851 Big Town Blvd. Suite 500
Mesquite, TX 75149
support@budpop.com

Cookie Banner – UK and EU only

We use essential cookies to make our Site work.  We would like to set performance, analytics and targeting cookies to help us improve the Site and your user experience, and tailor ads to your interests, but will do so only if you accept them.

To contact us to exercise any of these preferences, please email us at support@budpop.com or contact us by mail at:

DES Brands LLC dba Budpop
Attn: Legal Department
1851 Big Town Blvd. Suite 500
Mesquite, TX 75149

You must put the statement “Your Privacy Rights” in the subject field.  We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Cookie Settings (US)

Essential Cookies are necessary to provide you with products and services available through our Site.

Performance Cookies help us enhance the performance and functionality of our Site, products and service, but are not necessary for your use.  Nonetheless, certain functions or features may become unavailable if you refuse them.

Analytics Cookies collect information that is used to help us understand the use of our Site, Products and Services, the effectiveness of our marketing campaigns, or to help us customize our Site to enhance your experience.

Targeting Cookies record your visit to our Site, the pages you have visited and the links you have followed, so we can recognize you as a prior visitor and track your activity on our Site and others you visit.  These Cookies remain on your device for us to use during a next visit to our Site, in contrast to session cookies, which are deleted when your browsing session ends.

To contact us to exercise any of these preferences, please email us at support@budpop.com or contact us by mail at:

DES Brands LLC dba Budpop
Attn: Legal Department
1851 Big Town Blvd. Suite 500
Mesquite, TX 75149

You must put the statement “Your Privacy Rights” in the subject field. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

DO NOT SELL MY PERSONAL INFORMATION

CALIFORNIA RESIDENT – REQUEST TO “STOP SALE OF PERSONAL INFORMATION” 

If you are a California resident, the California Consumer Privacy Act (“CCPA”) may permit you or your authorized agent to opt out of the “sale” of your Personal Information to third parties.

Our Privacy Policy describes the limited circumstances in which we may share your information with third parties outside of our company.  To make a request for yourself, continue reading the “Individual Request” section.  If you would like an authorized agent to make a request on your behalf, please skip to the “Authorized Agent Request” section below.

Individual Request

Yes, I am a resident of the State of California and I would like to opt out of such “sales” of my personal information

 Please note that by opting out of the sharing of your personal information that is considered a “sale” as defined by the California Consumer Protection Act (CCPA):

  • You will still receive cookies, tags, pixels, etc. that are essential to the function of our Sites
  • You will still see advertising but it won’t be as personalized or relevant to you;
  • We will still share your Personal Information with our service providers to provide the services on our Sites; and.
  • Your request will only apply to Personal Information “sold” after making this request, not any information “sold” prior to your request.

If you have previously requested that we opt you out of “sales,” your request remains in effect until you tell us otherwise.

To contact us to exercise any of these preferences, please email us at support@budpop.com or contact us by mail at:

DES Brands LLC dba Budpop
Attn: Legal Department
1851 Big Town Blvd. Suite 500
Mesquite, TX 75149

You must put the statement “Your Privacy Rights” in the subject field. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Authorized Agent Request

You may designate or authorize a person or an eligible business to act on your behalf as an authorized agent. This authorized agent may make requests on your behalf under the California Consumer Privacy Act (“CCPA”).

To do so, please have your authorized agent send a request to donotsell@bountifulcompany.com with “Authorized Agent Opt-Out Request” in the subject line, and the following information:

  • Your First and Last Name
  • Your Email Address
  • The Agent’s First and Last Name
  • The Agent’s Email Address
  • The Agent’s Phone Number
  • A document with your signature indicating that you authorize the agent to make the request on your behalf.

We may follow up with you or your authorized agent if we need any additional information prior to processing your request.

To contact us to exercise any of these preferences, please email us at support@budpop.com or contact us by mail at:

DES Brands LLC dba Budpop
1851 Big Town Blvd. Suite 500
Mesquite, TX 75149

You must put the statement “Your Privacy Rights” in the subject field. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

 

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