Privacy Policy

Smart Cups Privacy Policy

Last Updated: October 22, 2020

This Privacy Policy describes the privacy practices for the website operated by Smart Cups LLC and its affiliates (“Smart Cups” “we”, “our” “us”), and applies solely to the Personal Information (as defined below in Section 1) that we collect and use relating to consumers and users residing outside of the State of California. This Privacy Policy does not apply to California residents. If you are a California resident, please click here for Your California Privacy Rights/Privacy Policy.

This Privacy Policy is applicable to the businesses and website operated by Smart Cups, including the Website from which you accessed this Privacy Policy.

To the extent permitted by applicable law, by using the Website and providing us with Personal Information (defined below), you agree to the practices described in this Privacy Policy and the Cookie Policy referenced below and to the updates to these policies posted here from time to time.

To make sure you stay informed of all changes, you should check these policies periodically. Updates will be referenced by the "Last Updated" date shown above.

1. PERSONAL INFORMATION AND PERSONAL DATA DEFINITION

For purposes of this Privacy Policy, unless a different definition is noted in a particular instance, "Personal Information" (or "Personal Data" as used in Section 9) means any information that identifies, relates to, describes, references, or is reasonably capable of being associated with an identified or identifiable natural person.

2. PERSONAL INFORMATION WE COLLECT

We may collect the following types of Personal Information about you as described below:

• (a) Personal Information you provide to us,
• (b) Personal Information we may automatically collect, and
• (c) Personal Information we may receive from third parties.

2(a) Personal Information You Provide to Us

In using our Websites, you may provide us with Personal Information, which may include (the examples provided are illustrative and not intended to be exhaustive):

• Contact information such as name, email address, postal address and telephone number(s);
• Demographic information such as birth date or gender;
• Account information and log in credentials, including unique identifiers such as username and password;
• Payment and transaction information including credit or bank card information;
• Preferences for communications;
• Communications and opinions in chat rooms, message boards, forums, surveys, polls, and online forms;
• Access to your geo-location (including through our mobile app) or to other data held on social media platforms and other software (for example, access to your contacts, calendar or photos);
• Photos and/or videos; and
• Any additional information that we describe to you, when we collect your data with your consent.

2(b) Personal Information We May Automatically Collect About You

Our Websites may automatically collect certain Personal Information about you. This Personal Information may include (the examples provided are illustrative and not intended to be exhaustive):

• IP address, which is the number associated with the service through which you access the Internet, such as through your ISP (Internet service provider);
• Date and time of your visit or use of our Websites;
• Domain server from which you are using our Websites;
• Type of computer, web browsers, search engine used, operating system, or platform you use;
• Data identifying the web pages you visited prior to and after visiting our Website;
• Your movement and activity within the website, which is aggregated with other Personal information; and
• Mobile device information, including the type of device you use, operating system version, and the device identifier (or “UDID”).

2(c) Personal Information We May Receive from Third Parties

We may collect additional Personal Information about you from third-party websites, social media platforms, such as, but not limited, to Facebook, Twitter, Instagram, SnapChat (“Social Media Platforms”), third party data providers, and sources providing publicly-available Personal Information (e.g., from the U.S. postal service) for the purposes described in Section 3 below.

Personal Information we may access from Social Media Platforms may include, but is not limited to:

• Your Social Media Platform login information
• Your location data
• Your profile information
• Your list of contacts, friends or followers
• Certain Personal Information about your activities on the Social Media Platform

Please keep in mind that when you provide Personal Information to us on a third-party website or platform, the Personal Information you provide may be separately collected by the third-party website or the Social Media Platform. Please review the privacy policies of the applicable third-party website or Social Media Platform for their privacy practices.

3. HOW WE USE PERSONAL INFORMATION

3(a) Use and Purpose of Processing Your Personal Information

We use and process your Personal Information for the following types of purposes (the examples provided are illustrative and not intended to be exhaustive).

• To provide you with the Website and related promotions, newsletters and information you request
• To respond to your inquiries and provide you with requested information and other communications, including by email, chat or text messages, and including alerts, notification of promotions, contests, and events
• For marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and other third parties, provided that you have not already opted-out of receiving such communications
• For billing and payment processing
• To deliver personalized advertising and content
• To fulfill contracts we have with you
• To manage, improve and foster relationships with third-party service providers, including vendors, suppliers, and parents, affiliates, subsidiaries, and business partners
• To maintain, improve, customize, or administer the Website, perform business analyses, or other internal purposes to improve the quality of our business, the Websites and the Services, resolve technical problems, or improve security or develop other products and services
• To comply with our Terms of Service 
• To perform analytics for business purposes and business intelligence, such as monitoring traffic to our Website, counting ad impressions, and auditing legal and regulatory compliance
• To maintain the safety, security, and integrity of our Website, products, databases and other technology assets and our business, including preventing fraud, detecting security breaches and prosecuting violators
• To identify and repair errors in our Website's functionality
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, in which Personal Information we hold is among the assets transferred
• To comply with any applicable laws and regulations and respond to lawful requests; and/or
• For any other purposes disclosed to you at the time we collect your Personal Information and/or pursuant to your consent

If we decide to use the Personal Information for materially different purposes, we will update this Privacy Policy.

3(b) Disclosing Your Personal Information to Other Parties

We may disclose your Personal Information to other parties, including:

• Our affiliates
• Service providers
• Advertisers, advertising technology companies, analytics companies and other third parties with whom we have business relationships
• Government regulators
• Our legal advisors and parties involved in a legal process
• To an entity involved in the sale of our business
• Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with products we provide to you

In order to provide advertisements and content that are more relevant to you, we and our advertising and content providers may collect certain types of Personal Information when you use our Website (such as, by way of example, your email, the IP address of your device, the identifier on your mobile device, or cookies stored on your device). We or our advertising and content providers may combine this information with other information we have, or that we collect through other sources, and may share the information we collect with third parties to provide interest based or targeted advertising. If you would like to opt out from this use, or for more information, please see our Cookie Policy for more information.

If we decide to disclose Personal Information to additional categories of parties, we will update this Privacy Policy.

4. DO WE USE "COOKIES"?

Yes. Cookies and similar technologies are small files that a website or its service provider transfers to a computer’s hard drive through a Web browser (if the user allows) that enables the website’s or service provider’s systems to recognize the user’s browser and capture and remember certain information.

In general, we and our third-party providers and advertisers, use cookies and other technologies to optimize the functionality of the Website, to help us understand how the Website is used and to provide users with interest-based content or advertising based upon their browsing activities and interests.

In addition, you may opt out of certain interest-based advertising by using the following resources:

• (a) You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at aboutads.info/appchoices.
• (b) You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out toolavailable at http://optout.networkadvertising.org/?c=1 or visiting About Ads at http://optout.aboutads.info.
• (c) You may opt-out of having your activity on our Websites and Services made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: https://tools.google.com/dlpage/gaoptoutfor your web browser.

5. THIRD PARTY LINKS

Our Website may contain links to other websites or services that are not owned or controlled by us, including links to social media platforms, or may redirect you off our Website or away from our Services to other websites for information or other services. This Privacy Policy only applies to information collected by our Websites and Services. We are not responsible for the privacy and security practices of those other websites or social media platforms or the information they may collect (which may include IP address). You should refer to such third parties’ privacy policies on their sites to determine their respective privacy practices. Links to any other website’s or content do not constitute or imply an endorsement or recommendation by us of the linked website, social media platform, and/or content.

6. SECURITY

We use commercially reasonable procedures and various technical, administrative and physical safeguards to help protect the confidentiality of your Personal Information. However, you should assume that no data transmitted over the Internet or stored or maintained by us or our third-party service providers can be 100% secure. Therefore, although we believe the measures implemented by us reduce the likelihood of security problems to a level appropriate to the type of data involved, we do not promise or guarantee, and you should not expect, that your Personal Information or private communications will always remain private or secure. We do not guarantee that your Personal Information will not be misused by third parties. We are not responsible for the circumvention of any privacy settings or security features.

If you believe that your Personal Information has been accessed or acquired by an unauthorized person, please promptly Contact Us so that necessary measures can quickly be taken.

7. ACCESSING, CORRECTING, OR DELETING YOUR PERSONAL INFORMATION

As required by applicable laws, and subject to any permitted exceptions and limitations, we will comply with any verified consumer request you submit with respect to your Personal Information. Please submit a verifiable consumer request to us through the web form link provided below in Contact Us .

8. TRANSFERS

Your Personal Information may be stored, transferred to, and processed in any country where we have facilities or in which we engage service providers. These countries may be outside the United States, and may have different data protection laws than in the United States.

9. AGGREGATE AND DE-IDENTIFIED INFORMATION

We may aggregate and/or de-identify any information collected through the Website so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion.

10. PRIVACY POLICY FOR CALIFORNIA RESIDENTS

This Privacy Policy does not apply to California residents. If you are a California resident, please go to Privacy Policy for California Residents to learn about your California privacy rights.

11. CHILDREN’S ON-LINE PRIVACY INFORMATION

In general, the Website is not intended for use by children under the age of 13, or 16 where applicable. In cases where the Website is intended for use by children under the age of 13 (or 16 where applicable), we will post appropriate notices and take steps as required by applicable law to safeguard children's data. In addition, we do not knowingly collect Personal Information from children under the age of 13 (or 16 where applicable) through form submissions on our Website, although certain third party sites that we link to may do so. These third-party sites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide information on our Website without their permission.

Involvement of parents: In accordance with the provisions of the Children’s Online Privacy Act, in the event that we do begin collecting any Personal Information or data from children under the age of 13 (or 16 where applicable), we will notify parents first, and will seek parental or guardian consent to collect, use and/or disclose certain Personal Information from children under the age of 13, or 16 where applicable. A parent may review and have deleted their child’s Personal Information, and may refuse to permit further collection or use of their child’s information by contacting us as noted at the end of this Privacy Policy. Parents may consent to our collection and use of their child’s Personal Information without consenting to the disclosure of that information to others.

If you have reason to believe that a child under the age of 13 (or 16) has provided Personal Information "Contact Us" below with sufficient detail to enable us to delete that information from our databases.

12. ACCESSIBILITY

Please contact us if you experience any difficulty in accessing any part of this Website or this Policy HERE.

13. CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated notice on our Websites and update the notice's "Last Updated" date. Where permitted by applicable law, your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

14. CONTACT INFORMATION

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your information described here, your choices and rights regarding such use, or you wish to exercise your rights, please contact us as provided below:

Phone: 949-619-4626

Email: Privacy@SmartCups.com

Postal Address:

Smart Cups, LLC

Attn: Office of Privacy

25761 Taladro Cir.

Mission Viejo, CA 92691