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Untitled Document

LiveAquaria® Privacy Policy

Last updated: July 26, 2020

Introduction

LiveAquaria is owned and operated by Live Aquaria Holdings Corp. and its affiliates and is referred to in this Privacy Policy collectively as “LiveAquaria”, “we” and “us”. This Privacy Policy describes the types of personal information we collect from and about you when you visit any of our websites where this Privacy Policy is posted (each a “Site”) or otherwise contact or interact with us offline (“Offline Services”). The Sites and Offline Services are collectively referred to as the "Services." This Privacy Policy also explains how LiveAquaria may use and share your personal information, as well as your ability to control certain uses of it.

By using or accessing the Services, you agree to the collection, storage, use and disclosure of your personal information as described in this Privacy Policy, and agree to the Terms of Use which are incorporated by reference. If you do not agree, please do not access or use the Services.

Information We Collect

Information You Provide

We collect personal information from you when you choose to share it with us, such as through use of our Services, account registration, registration for one of our programs, and other ways you communicate with or contact us.

The personal information we collect may include your name, mailing address, email address, telephone or mobile number, photograph and other information about your pet, and to generate a user name and password. You may also provide us with certain information in connection with certain interactions:

  • Make a Purchase. If you make a purchase from us, we collect applicable financial information to facilitate the transaction.
  • Participate in the LiveAquaria Rewards Program. You may provide us with personal information including your name, email, address, and telephone number to participate in the LiveAquaria Rewards Program. This program offers financial incentives to Rewards Members who participate. You can enroll during checkout or by visiting ‘My Account’ on the Site.
  • Information About a Third Party. If you send someone else a communication from the Site, the information you provide will be used to facilitate the communication.
  • Information Through Social Media. You may be given the option to link to one or more third party social networking platforms (such as Facebook, Instagram, or Twitter) through the Services, or log in via a social networking platform. If you do, we may automatically receive certain personal information about you based on your registration and privacy settings on those third party services, such as your name, address, email, and social media profile information.

Information Automatically Collected

We, or our service providers, may use a variety of technologies such as cookies, web beacons, pixel tags, log files, HTML5, or other technologies to collect certain personal information about visitors to, and users of, our Site. We may also collect personal information through your interactions with our emails and online and mobile advertisements, to allow LiveAquaria to keep track of analytics and certain statistical information, to ensure the Site functions properly, to better understand how users interact with the Site, and for other purposes consistent with this Privacy Policy.

For example, we may automatically collect certain personal information from you, including but not limited to your browser type, device type, operating system, Internet Protocol ("IP") or Media Access Control ("MAC") address, mobile device identifier or other unique device identifier of any of your computer(s) or device(s) that are used to access the Site, geolocation, software version, phone model, phone operating system, carrier information, and the domain name from which you accessed the Site or App. We also may collect information about your use of the Site, including the date and time you visit, the areas or pages that you visit, the amount of time you spend viewing or using the Site, the number of times you return to the Site, other click-stream or Site usage data, emails that you open, forward or click-through to our Site, and other sites that you may visit.

Third Party Analytic Technologies

We use third parties' analytics and tracking tools to better understand who is using the Services, how people are using the Services, how to improve the effectiveness of the Services and related content, and to help us or those third parties serve more targeted advertising to you across the Internet. To support this interest-based advertising solution, we, or our service providers, may use information about your visits to our Site, your visits to other websites, and information from your email. These third parties may use technology such as cookies, web or hardware beacons, pixel tags, log files, Flash cookies, HTML5 cookies, or other technologies to collect and store information automatically collected. They may also combine information they collect from your interaction with the Services with personal information they collect from other sources. We do not have access to, or control over, these third parties' use of cookies or other tracking technologies.

Please visit "Your Choices and Opt Out" for further information on how to opt out, including information about Do Not Track and how to disable cookies.

Information Collected From Other Sources

We may acquire personal information from other trusted sources to update or supplement the information that you provide to us or that we collect automatically (including identifiers such as information to validate or update your address or other demographic and lifestyle information). We also receive personal information, such as your name and email address, from our trusted partners if you participate in joint marketing promotions or interact with third parties with whom we share a joint venture. We use this information consistent with this Privacy Policy and for the purposes described below.

Combination of Information

We may combine the personal information we collect from and about you, including what you provide to us and information we automatically collect, with information collected offline, across other computers or devices that you may use, and from third party sources.

How We Use Information

We may use information collected from or about you for any of the following purposes:

  • To respond to your inquiries, provide you with the Services, provide you with notices about your account, and to contact and communicate with you when necessary or as other otherwise permitted by this Privacy Policy;
  • To validate, confirm, verify, deliver, install, and track your order (including to process payment transactions, arrange for shipping, handle returns and refunds, and contact you about your orders, including by email or telephone);
  • To enhance your online shopping experience, including as a way to recognize you and welcome you to the Site;
  • To review the usage and operations of our Services, develop new products or services, and conduct analysis to enhance or improve our content, products, and services;
  • To provide you with customized Services content, targeted offers, and advertising on the Site, via email, text message or push notification, or across other websites, mobile applications, social media or online services;
  • To contact you with information, deliver email communications, newsletters, promotional material, and other correspondence from LiveAquaria or on behalf of our partners and affiliates;
  • To communicate with you about our contests, sweepstakes and other promotions;
  • To communicate with you regarding your membership in one of our programs;
  • To use your aggregated data for analytical and demographic purposes;
  • To protect the security or integrity of the Services and our business; or
  • For other purposes disclosed at the time you provide your information or otherwise with your consent

Additionally, if you use our Services to connect with a third party service, you authorize us to use information from and about you, on your behalf, to interact with these third party services based on your requests.

Information We Share

We do not sell personal information to third parties. We may disclose the information we collect from or about you either (i) when we have your permission to do so or (ii) in any of the following situations:

  • Affiliates: We may share your personal information with LiveAquaria affiliates or subsidiaries for business, operational, promotional, marketing, or other purposes consistent with this Privacy Policy.
  • Service Providers: We may share your personal information with service providers that provide business, professional, or technical support functions for us, help us operate our business, or other activities in support of the Services and/or our businesses. These services providers are authorized to use your personal information only as instructed by us.
  • Co-Branded Relationships: Certain areas of our Services may be provided to you in association with third parties, such as advertisers that provide products and services or rewards programs. We may share your personal information with these third parties if you participate in a co-branded, co-sponsored, or jointly presented promotion, contest, survey, voting feature, or service. By participating in co-branded services, you agree that your personal information may be shared with these third parties.
  • Aggregate, Anonymous, or De-Identified Information: We may also share aggregate, anonymous, or de-identified information with third parties without restriction, including for their marketing or analytics uses.
  • Sale or Transfer of Business or Assets: We may sell or purchase assets during the normal course of our business. If another entity acquires LiveAquaria and/or of any of our affiliates, personal information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Please note that the entity receiving such information in connection with one of these transactions may not comply with all of the terms of this Privacy Policy.
  • Legal Matters; Compliance with Law: We may disclose personal information collected from or about you to the government or to other third parties to comply with the law, applicable regulations, governmental and quasi-governmental requests and investigations, court orders, subpoenas or other legal process, such as in connection with suspected illegal activity associated with any of the Sites or our business and to protect against harm to the Services, to us, or others. We reserve the right to release personal information collected through any of the Sites to law enforcement or other government officials, as we, in our sole discretion, deem necessary or appropriate.

We disclose the following categories of personal information to third parties and service providers:

  • Personal identifiers, such as name, Rewards ID, contact information, and online identifiers;
  • Pet information, including pet prescriptions;
  • Transaction Information.

Your Choices and Opt-Outs

Cookies, Tracking Options, and California Do Not Track Disclosures

Certain parts of our Site requires cookies. You are free to set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings. Please refer to your Web browser's or operating system's website or "Help" section for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences.

Our system may not respond to Do Not Track requests or headers from some or all browsers. We use cookies or other technologies to deliver more relevant advertising and to link data collected across other computers or devices that you may use. To understand your choices for receiving more relevant advertising or to manage your settings, please review the information below:

  • To learn more about the use of cookies or other technologies to deliver more relevant advertising and to know your choices with respect to collection and use of the data by these third party tools, you may visit the Digital Advertising Alliance's (DAA) opt-out page at http://www.aboutads.info/choices. To opt-out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices. Please note, if you choose to opt out of targeted advertising, you will still continue to receive generic advertising.
  • On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.

Opt Out Preferences

We provide our customers with the opportunity to opt-out of having their information used for purposes not directly related to placement, processing, fulfillment, or delivery of a product or service. To opt-out of marketing communications, you may use one of these convenient methods:

  • Electronic Promotional Offers. If you do not want to receive emails from us regarding special promotions or offers, you may (i) click the unsubscribe link in the footer of any email; or (ii) contact us at the contact listed in the "Contact Us" section below.
  • Direct Mail Promotional Offers. If you do not want us to send you any promotional offers through direct mail, you may contact us at the contact listed in the "Contact Us" section below. To opt-out by email or mail, please include "Do Not Mail" in the subject line so your inquiry can be properly directed.
  • Mobile Promotional Offers. When you provide us with your mobile number for marketing purposes, we may send you certain marketing alerts via text message. Standard data and message rates will apply. If you no longer wish to receive mobile alerts from us, you can (i) follow the instructions provided in those messages or otherwise reply STOP to any LiveAquaria alert; or (ii) contact us at the contact listed in the "Contact Us" section below.

If you receive marketing communications from one or more brands within the LiveAquaria family of affiliated companies, you must opt-out individually from each of the brands from which you are receiving brand-specific marketing communications.

Your instructions to limit the use of your information for these purposes will be processed as soon as reasonably practicable. Additionally, we are not responsible for informing third party partners with whom we have already shared your personal information of any changes requested pursuant to this section, or for removing information from or causing information to be removed from the databases or records of those third parties.

Your California Privacy Rights

If you are a California resident, you may exercise certain rights under the California Consumer Protection Act (“CCPA”). The CCPA defines personal information as any 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. We do not sell personal information to any third parties.

We may collect, use or disclose for business purposes the following categories of personal information from the sources described in the “Information We Collect” section above.

  • Name, contact information and other general identifiers such as IP address, email, or other unique personal identifiers.
  • Customer records such as documentation containing your name or signature, financial and billing information
  • Purchase history and information about your purchasing tendencies.
  • Geolocation data.
  • Audio, Video and other Electronic Data, such as images of you and your pet.
  • Profiles and inferences drawn from the information above.

Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident, but will generally follow the purposes set out in the “How We Use Information” section above. We retain personal information as necessary to provide the Services to you, and for reasons such as dispute resolution, compliance with laws, fraud prevention, troubleshooting, and enforcement of our terms of use and other agreements.

We currently offer California residents financial incentives for participation in the LiveAquaria Rewards Loyalty Program. This program offers financial incentives to Rewards Members who participate. California residents may review the programs’ terms here; California residents may also subsequently opt-out of the programs by contacting us as stated in the “Contact Us” section below.

If you are a California resident, you have the right to request access to and disclosure of the personal information we collect about you, our purpose for collection, and the categories of personal information we disclose and to whom, and the right to request deletion of your personal information. We respect your privacy rights and we do not discriminate against individuals for exercising their rights. If you wish to exercise your rights, please review the ‘Contact Us’ section below to learn how to submit a request. We will respond to requests within 45 days. You may make requests or exercise these rights at no charge up to twice every 12 months. CCPA also grants California residents the right not to receive discriminatory treatment for exercising privacy rights.

From time to time, we may share personal information collected about you with our affiliates and/or other third parties for their direct marketing purposes. Under California law, a California resident with whom we have an established relationship has the right to request information about our disclosure of personal information to affiliated companies or third parties for their direct marketing purposes, within the immediately preceding calendar year, subject to certain exceptions. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please use the contact information in the “Contact Us” section below. Non-affiliated third parties are independent from LiveAquaria and if you wish to receive information about your disclosure choices or stop communications from such third parties, you will need to contact those non-affiliated third parties directly.

How to Correct or Update Your Personal Information

You may correct or update certain personal information that we collect from you by using the "Contact Us" section below, or by editing your information and preferences on the "My Account" page. We will use commercially reasonable efforts to update our files where possible. Please note that there may be instances where we have already shared your personal information with third parties and are unable to notify those third parties of your updated personal information.

Data Security

We have taken certain physical, administrative, and technical steps to safeguard the personal information we collect from and about our customers and Site visitors. While we make every effort to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures.

Transfer of Data from Outside the United States

If you use any of our Services from outside of the United States, personal information that we collect from or about you through the Services will be transferred to servers inside the United States and maintained indefinitely. By using the Services, you consent to the transfer of data about you into the United States, as well as the processing of such data in the United States.

Children

Protecting children's privacy is important to us. We do not direct the Services to, nor do we knowingly collect any personal information from, children under the age of thirteen. If LiveAquaria learns that a child under the age of thirteen has provided personal information to us, we will use reasonable efforts to remove such information.

Third Party Content, Links, and Plug-Ins

The Site may have links to third party websites or applications, which have privacy policies that differ from our own. We are not responsible for the practices of such sites.

The Site may also offer you the ability to interact with social plugins from third party social media sites, which may allow us and/or the social media site to receive data from or about you. In some cases, we may know that you clicked on a social plugin, such as a Facebook Like or Twitter Follow button, or receive other information from the social media sites. Similarly, if you have previously provided personal information to a third-party operating a plug-in on the Site, then such third-party may recognize you on our Site. Your use of social network plugins is subject to each social media site's privacy policy, which may be different from ours, so please read these policies carefully to understand their policies and your options. As with linked sites, we have no control over the information that is collected, stored, or used by social network plugins, and are not responsible for the practices of such sites.

Public Forums and Testimonials

Any personal information you may disclose through our Services, in blogs, on discussion or message boards, in chat rooms, interactive forums, rating or reviews, or on other public areas on the Site, or other third-party websites that this Site may link to, becomes public information. Please exercise caution when disclosing personal or other information in these public areas. We are not responsible for the personal information you choose to post. To request removal of your personal information from our Site, you may contact us using the information in the ‘Contact Us’ section below.

Changes to this Privacy Policy

We reserve the right to make changes to this Privacy Policy at any time. When we do, we will post the change(s) on the Site. Please visit this page periodically so that you will be apprised of any such changes. Your continued use of our Services after any modification to this Privacy Policy will constitute your acceptance of such modification. If we change the Privacy Policy in a material way, we will provide appropriate notice to you.

Contact Us

If you have any questions or comments regarding this Privacy Policy or any the practices described herein, or if you would like to exercise any of your rights, you can contact us by:

  • Calling Customer Service at (800) 334-3699;
  • Emailing us at privacy@liveaquaria.com; or
  • Writing us at LiveAquaria, 2389 Air Park Road, Rhinelander, WI 54501, Attn.: Privacy Team.

Submit a CCPA Rights Request

To exercise your rights under CCPA, you may call us at 1-800-334-3699, or by email at privacy@liveaquaria.com. You may submit a request on your own behalf, or you may designate an authorized agent to make a request on your behalf. Your authorized agent must submit written proof, such as an affidavit, as evidence of your authorization to submit a request on your behalf.

In order to protect our customers’ personal information, and as required under CCPA, we will verify your identity following receipt of your request. For security purposes, our verification process requires an exact match of at least three data points you provide to us with data points we maintain in our records. Please provide your state of residence and at least three of the following data points when you submit your request:

  • First and last name
  • Email address associated with your LiveAquaria account or LiveAquaria Rewards Account
  • Telephone number associated with your LiveAquaria account or LiveAquaria Rewards Account
  • If you have purchased goods or services from us, please provide the date of your last transaction (day, month, and year)
  • State of residence
  • Optional: Mailing address
  • Optional: LiveAquaria Rewards account number

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