Purpose of Policy
Pink Haze, LLC, a California corporation (“us,” “we,” or the “Company”) is committed to respecting the privacy rights associated with users of the Company’s Internet website located at www.pinkhaze.com (the “Site”). We created this Privacy Policy (this “Policy”) to give you confidence as you visit and use the Site, and to demonstrate our commitment to fair information practices, transparency and the protection of privacy. This Policy is only applicable to the Site, and not to any other websites that you may be able to access from the Site, each of which may have data collection and use practices and policies that differ materially from this Policy.
Agreement to Terms of Privacy Policy and Terms of Use
All activities in which you may engage on the Site are voluntary. You are not required to provide any personal information to us unless you choose to access features on the Site that require such information. If you do not agree with the terms of this Policy or other terms of use on this Site, then you should not provide us with personal information and immediately exit and discontinue your use of the Site. The terms of use of the Site are expressly incorporated herein by reference and made a part of this Policy. By using the Site, you signify that you agree to the terms of this Policy as well as to our terms of use.
Effective Date of and Changes to Privacy Policy
This Policy is effective as of August 1, 2020, and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the Site. We reserve the right to change this Policy at any time and from time to time in our sole and absolute discretion without the duty to notify you. Changes, modifications, additions, or deletions will be effective immediately on their posting to the Site.
You should check this Policy periodically as its terms may change from time to time without prior notice to you. Your continued use of the Site after we post any such modifications will constitute your acknowledgment of the modified policy and your agreement to abide and be bound by the modified policy. We will also revise the “last updated” date found at the beginning of this Policy when we post changes to it.
Disclaimers
This Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond the Company’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This Policy only applies to information collected through the Site. This Policy does not apply to any information we may collect from you in any place other than the Site.
California Use Only
The Site is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
No Use of the Site by Persons Under 21 Permitted
The Company intends only persons who are 21 years or older to use the Site and any use of the Site by persons under the age of 21 is strictly prohibited. Personal information submitted by a person under the age of 21 will not be accepted. Any general information provided by a person under the age of 21 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this Policy.
Notice Concerning Children
We are a mature audience site, and do not direct any of our content specifically at children under 18 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is under age 18, we will promptly delete any personal information in that user’s account.
Information Collection Practices
What Basic Information Does the Company Collect? We may ask you for certain information referred to on the Site as “personal information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, address, date of birth, age, gender, state of residence, e-mail address, telephone number, and/or financial data (which may include your credit card or debit card number). You may be required to provide personal information to access or use certain parts of our website or features of the Site. If you do not provide the requested personal information, you may not be able to access or use the features of the Site where such information is requested.
What Additional Information Does Pink Haze Collect?
Automatic Collection: Our servers automatically recognize visitors’ domain names and IP addresses (the number assigned to computers on the Internet). No personal information about you is revealed in this process. The Site may also gather anonymous “traffic data” that does not personally identify you, but that may be helpful for marketing purposes or for improving the services we offer.
Cookies
From time-to-time, we may use the standard “cookies” feature of major browser applications, which allows us to store a small piece of data on your computer about your visit to the Site. We do not set any personally identifiable information in cookies, nor do we employ any data capture mechanisms on the Site other than cookies. Cookies help us learn which areas of the Site are useful and which areas need improvement. You can choose whether to accept cookies by changing the settings on your browser. However, if you choose to disable this function, your experience at the Site may be diminished and some features may not work as they were intended.
Click Stream Data
When you visit the Site we may also collect “click stream data” (server address, domain name). This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of our website, to determine which features of our site are most or least effective or useful to you.
Use and Sharing of Information
What Does Company Do with Collected Information?
Personal Information
We may use your personal information to verify your identity, to check your qualifications, and to follow up with transactions initiated on the Site. Additionally, we share certain categories of information we collect from you in the ways described in this Policy. We may share demographic data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis.
We may share contact data and financial data with our business partners who assist us by performing core services (such as hosting or data storage and security) related to our operation of the Site. If you do not want us to share your contact data with any third parties, please contact us in accordance with the “Contact Us” section below and expressly notify us of such request. Additionally, we may analyze visits to the Site and learn about the interests of our visitors in the aggregate and also on a personal level to better understand your interests and needs, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.
Anonymous Information
We may use anonymous information to analyze the Site traffic, but we do not intend to examine this information for individually identifying information. In addition, we may use anonymous IP addresses to help diagnose problems with our server, to administer the Site, or to display the content according to your preferences. Traffic and transaction information may also be shared with business partners and advertisers on an aggregate and anonymous basis.
Use of Cookies
We may use cookies to deliver content specific to your interests, to save your password, if applicable, so you don’t have to re-enter it each time you visit the Site, or for other purposes. Promotions or advertisements displayed on the Site may contain cookies. We do not have access to or control over information collected by outside advertisers on the Site.
Disclosure of Personal Information
We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on the Company or its affiliates, (2) protect and defend the rights or property of the Company or the users of the Site, or (3) act under exigent circumstances to protect the safety of the public or users of the Site.
Sale of Information
In order to accommodate changes in our business, we may sell portions of our Company or purchase other companies or assets, including the information collected through the Site. If Company or substantially all of its assets are acquired; customer information will be one of the assets transferred to the acquirer.
Access to Information
At this time, we do not maintain any procedures for you to review or request changes to the information that we collect about you, except that you may request that we remove all information about you from our database by contacting us in accordance with the “Contact Us” section below and expressly requesting such removal.
Opting Out of Information Sharing
We understand and respect that not all individuals may want to allow us to share their information with other select companies. If you do not want us to share your information, please contact us in accordance with the “Contact Us” section below. Upon receipt of your express written request not to share your information we will remove your name from lists we share with other companies as soon as reasonably practicable.
When contacting us, please clearly state your request and your name, mailing address, email address, and phone number.
Notwithstanding your request, under the following circumstances, we may still be required to share your personal information:
If we respond to subpoenas, court orders or legal process, or if we need to establish or exercise our legal rights or defend against legal claims.
If we believe it is necessary to share such information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use or as otherwise required by law.
If we believe it is necessary to restrict or inhibit any user from using the Site, including, without limitation, by means of “hacking” or defacing any portion thereof.
California’s “Do Not Track” Notice. “Do Not Track” (“DNT”) is a preference you can set in your web browser to let the sites you visit know that you do not want them collecting information about you. The Site does not currently respond to “Do Not Track” settings. For further details regarding DNT, visit donottrack.us.
Security
The Site has security measures in place to prevent the loss, misuse, and alteration of the information that we obtain from you. Please keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information.
While the Company strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using the Site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the Site and that any personal information, general information, or other data or information received from you through the Site is provided to us at your own risk, which you expressly assume.
Third Party Websites
The Site may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.
Your California Privacy Rights
California Civil Code Section 1798.83, also known as S.B. 27, allows individual customers who have provided their personal information to us to request information about our disclosure of certain categories of personal information to third parties for their direct marketing purposes.
Such requests must be submitted to us by contacting us in accordance with the “Contact Us” section below. Within thirty (30) days of receiving an express written request, we will provide a list of the categories of personal information disclosed to third parties for third party direct marketing purposes during the immediately preceding year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted in ways other than those specified above.
Governing Law and Arbitration
These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and the Company arising out of, relating to, or in connection with the Site or services available on the Site shall be determined by arbitration in the County and City of San Diego, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the County and City of San Diego, California. You hereby accept the exclusive jurisdiction of such court for this purpose.
Class Action Waiver
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the site signifies your explicit consent to this waiver.