Privacy Policy

Effective Date:  September 20, 2021

Last Updated:  May 11, 2025 

The Privacy Policy describes how Tipsy Elves LLC (“Tipsy Elves,” “our,” “we,” and “us”) processes personal information about you.  This Privacy Policy applies to information collected both online and offline, including when you access our websites, mobile applications, or our other online products and services (collectively, the “Sites”), purchase our products, contact our customer service team, engage with us on social media, or otherwise interact with us (collectively with the Sites, the “Services”). 

For information regarding our privacy practices for personal information of California residents that is processed in connection with an application to work for us or employment with us, please see the CCPA Privacy Statement for Job Applicants Page or the CCPA Privacy Statement for Employees Page. This Privacy Policy does not apply to that information.

If you have any questions, please contact us as provided below.  If you have a disability and need to receive this Privacy Policy in a different format, please contact us using the contact information below.

Please read this Privacy Policy carefully to understand our policies and practices.  By using the Site and Services or providing your personal information to us, you consent to the use of your information in accordance with this Privacy Policy.  If you do not agree with any term in this Privacy Policy, you should not access and use the Site or Services.

Categories and Types of Personal Information We Collect

The types of personal information that we collect depends on your interaction and relationship with us.  We may collect the below categories and types of personal information.

  • Identifiers: We may collect name, mailing address, email address, telephone number, IP address, business contact information, online identifiers (Facebook ID, Google ID, LinkedIn ID, Twitter ID, etc.), account name, and username or email address, combined with password or security question and answer.
  • Financial Information:  Through third party service providers, we may collect payment card number, payment card expiration date and CVV code, and any information necessary for processing your payment or online money transfer. If you pay with a credit card or other form of electronic or online payment, the payment information that you provide is transmitted directly to the payment processor who will process and store your personal information.
  • Geolocation Data: We may collect the general region or area from which you access our Sites and your precise geolocation when you request a delivery or track your delivery.
  • Internet or Electronic Usage Data: We may collect data related to network and website browsing and interaction history, IP address, website cookie information, interaction with advertisements, browsing time, search history, and other interaction information such as which items you abandon in cart.
  • Commercial Information: We may collect records of products or services purchased, obtained or considered, or other purchasing or consuming histories, product wish lists, order history.
  • Audio, electronic, visual or similar information: We may collect audio, electronic, photographic, visual or similar data including photographs, audio messages, and text messages.  In some cases we may give you the ability to provide a photograph or other likeness or image to us.
  • Inferences: We may use information from the categories described above in order to create a profile about you, to reflect your preferences, characters, behavior and attitude.

Use of Personal Information

We may use your personal information for the following business and commercial purposes:

  • Transactional Purposes.  We use identifiers, financial information, commercial information, and inferences to: (i) fulfill your order; (ii) send order confirmation and shipping updates; (iii) provide requested Services; (iv) send product updates; and (v) communicate with you; and (vi) administer your online account.
  • Business Operations.  We use contact identifiers, financial information, commercial information and inferences for our day-to-day business operations, including maintaining records, planning, budgeting, calibration, headcount, database administration, surveys, evaluations, reports, compliance, regulatory, audit, investigative and disciplinary purposes and other ethics and compliance reporting tools, and to support our business operations.
  • Analytical Purposes.  We use identifiers, internet or electronic usage data, geolocation data, commercial information, inferences, and audio/visual or similar information to analyze preferences, trends, and statistics.
  • Marketing and Promotional Purposes.  We use contact information, identifiers, financial information, internet or electronic usage data, geolocation data, audio/visual data, and inferences to improve our marketing efforts, create social media posts or advertisements, and to provide you with information about us, including personalized marketing communications.
  • Maintenance and Improvement of our Sites and Systems.  We use identifiers, geolocation data, internet or electronic usage data to improve our Sites and systems, provide and maintain functionality on our Sites and systems, and help us diagnose technical and service problems and administer our Sites and systems.
  • Security and Fraud Prevention.  We use contact information, identifiers, financial information, commercial information, internet or electronic usage data, geolocation data, audio/visual data, and inferences to: (i) protect us, our employees, and our Sites, premises, assets, systems, products, services and intellectual property, including from fraud, theft, and misconduct; (ii) enforce our policies and terms; (iii) conduct vendor due diligence; and (iv) detect and prevent fraud, theft and misconduct including by verifying the identity of those we are conducting business with.
  • Legal:  We use contact information, identifiers, financial information, commercial information, internet or electronic usage data, audio/visual data, geolocation data, and inferences to comply with our legal obligations, including reporting requirements, and defend ourselves in legal proceedings, and protect our company and our property, employees, and others through legal proceedings.
  • Other Purposes:  We may use contact information, identifiers, financial information, commercial information, protected classifications, internet or electronic usage data, audio/visual data, geolocation data, and inferences for other reasons we may describe to you.

Sources Of Personal Information

We collect, and in the preceding 12 months have collected, personal information in the following ways:

  • Directly from you:  We collect contact information, identifiers, financial information, commercial information, audio/visual data, that you provide directly to us, or our Service providers who collect such information on our behalf.
  • Automatically:  When you access our Sites, collect identifiers, geolocation data, and internet or electronic usage data using tools like browser cookies.
  • From other third parties: We collect contact information, identifiers, audio/visual information, and commercial information from third party vendors and service providers with whom we interact to provide our Services.
  • Social Networks:  Depending on the information you choose to share and your privacy settings, we may collect your personal information.  Based on the way you have set your privacy settings on your social media accounts, most social media platforms, like Facebook, analyze data about how you interact with our Sites and combine it with information on other users to provide us information about you.  In addition, we may receive information about you if other users interact with us on social media and information about you is visible to us, for example the fact that you are “friends” or other public-facing profile information.  We use all of this information to create inferences about you and your preferences.
  • Advertising/Analytics Providers: We may collect personal information from our advertising and data analytics providers. This includes when conduct email campaigns and receive site feedback. It also includes when we receive marketing information, such as trends, usage, and activities from our providers.

How We Disclose Personal Information

We disclose personal information in the following circumstances:

  • Service Providers.  We may disclose personal information to vendors and service providers who support the operation of our Services, Sites, and our business and who need access to such information to carry out their work for us (including, for example, cloud hosting, payment processing, email delivery, marketing, insurance, application processing, operating systems and platforms, and customer support services).  We also provide this information where necessary to our professional service providers such as lawyers, bankers, tax consultants, auditors, and insurers. In some cases, the vendor or service provider may directly collect the information from you on our behalf.
  • Analytics/Advertising Partners.  We may share personal information with third party analytics or advertising partners, including social media platforms and networks, who provide analytics or marketing and advertising services to us.
  • Government Entities.  We share information with regulatory and government entities including government, administrative, law enforcement and regulatory agencies, tax authorities, and other public agencies or authorities if we think we should in order to comply with any applicable law, regulation, legal process or other legal obligation.  This includes cooperating with law enforcement when we think it is appropriate, obtaining legal remedies or limiting our damages, and to enforcing or protecting our contracts, legal rights or the rights of others, including by responding to claims asserted against us.
  • Corporate Transactions.  We may share information with potential investors, purchasers, merger partners, and their advisors in the event we: (i) sell or transfer, or are considering selling or transferring, all or a portion of our business or assets; or (ii) are considering or engaging in any reorganization, conversion, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of our ownership interest, business or operations; or (iii) are soliciting or accepting investments.
  • Other Reasons.  We may disclose personal information for other reasons we may describe to you, including if you consent to the disclosure or direct us to disclose your information.

We Combine Information

We combine information we obtain from different sources with publicly available information, including to create inferences and profiles about you.  For example, we may combine information that we have collected offline with information we collect online.  We combine information that we have collected across other third party sites.  We combine information across devices, such as computers and mobile devices.  We may also combine information we get from a third party with information we already have.

Use of Paypal, Apple Pay, Afterpay and Google Pay

If you choose a third party payment method such as PayPal, Apple Pay, Afterpay or Google Pay (“Third Party Digital Payment Providers”) to finalize and pay for your order, you will provide your personal information including your payment information and contact information) directly to such Third Party Digital Payment Providers.  The privacy policies of such Third Party Digital Payment Providers will apply to the information you provide to them.

Cookies, Analytics, and Other Tracking Technology

Cookies and Tracking Technology

When you access the Sites, log in, register or open an email, we (and third-party companies) may collect and store certain information by using technologies such as server logs, cookies, web beacons, clear gifs, tags, e-tags, flash cookies, software development kits, log files, pixels, code, JavaScript packages, mobile advertising IDs (such as Facebook cookies or Google's Advertising ID), cross-device linking, and similar technologies.  The information collected includes information about your activities on our Sites, IP address, browser or operating system type and version, device IDs, and demographic or inferred-interest information, as well as information or communications you have submitted to us through the Sites.  We use this information to understand general usage and volume statistics, how users navigate to and around our Sites, what content is viewed or accessed, which products and services have been considered or obtained, and to keep track of your preferences and profile information.  We also use these technologies to allow third-parties to provide analytics and advertising services and serve advertisements on our behalf across the Internet and in mobile applications, including through cross-context behavioral advertising and targeted advertising.  For example, our advertising partners may use the fact that you visited our Sites to target advertising to you on other websites and mobile apps on your current device or on other devices you use.  They may match your browsers or devices if you log into the same online service on multiple devices.  These third parties partners may use this information for our and their own purposes including advertising, analytics, attribution, and reporting.  To learn more about interest-based advertising, tracking technologies, and how to opt out, please visit http://www.aboutads.info/choices. You can disable information for cross-contextual behavioral advertising or targeted advertising through online tracking technology by clicking on the Cookie Settings link in the footer or menu of our Sites and disabling all targeting and performance technologies.

ChatBot Technology

We use chatbots to help provide customer service and support, including through the use of a virtual assistant. A chatbot is a software application that mimics human conversations in text or voice interactions on our website or through our customer service hotline. It enables the communication between a human and a machine, which can take the form of messages or voice commands. The chatbot is designed to work without the assistance of a human operator. It responds to questions posed to it in natural language as if it were a real person using a combination of pre-programmed scripts and machine learning algorithms. When asked a question, the chatbot will answer using the knowledge database that is currently available to it. If the conversation introduces a concept it isn’t programmed to understand; it will pass it to a human operator. If you use our chatbot service, we will collect any information you provide to us. We will also create and store a transcript of your chat interaction with us which will be shared with and stored by our third-party service provider. We use these transcripts and the information you provide for quality control, customer service, fraud prevention and security.

Global Privacy Control and Opt-Out Preference Signals

Some browsers or browser extensions also allow you to tell websites not to share your information for cross-contextual behavioral advertising or targeted advertising through the “global privacy control” or other opt-out preference signals (collectively, the “Global Privacy Control”). We will respond to these signals in a frictionless manner.  If you have enabled Global Privacy Control or an opt-out preference signal on your browser or extension, we will honor such requests that can be recognized by our Sites by disabling analytics and advertising cookies.  If you configure this setting on your browser, certain features on our site may not work. 

Do Not Track Signals

Some browsers have a “do not track” feature. It lets you tell websites you visit that you do not want them to track your online activity. These features are not yet uniform across browsers. Our Sites are thus not currently set up to respond to these signals. For more information on Do Not Track signals, please visit https://allaboutdnt.com/.

Google Analytics

We use analytics services provided by Google Analytics. If you would like more information on how Google uses data when you visit or use our Site, please visit www.google.com/policies/privacy/partners. If you would like to opt-out, Google provides a an opt-out tool which is available at https://tools.google.com/dlpage/gaoptout.

Links to Other Websites

Our Sites may include links to other websites or applications whose privacy practices may differ from ours.  If you submit personal information to any of those websites or applications, your information is governed by their privacy policies.  We encourage you to carefully read the privacy policy of any website you visit or application that you use.

Security

We strive to follow generally accepted industry standards to protect the personal information submitted to us and have implemented reasonable technical, organization, administrative and physical measures to protect personal information.  No method of transmission over the Internet, or method of electronic storage, is 100% secure, however.  Therefore, we cannot guarantee its absolute security and encourage you to use websites and share information with caution.

How Long Do We Keep Personal Information

We will retain and use your information for as long as we need it to provide you Services or products, or as long as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.  We use the following criteria to determine retention periods:

  • how long the information is needed to provide our Services and operate our business;
  • whether information is needed to protect our business and mitigate risk;
  • whether there are contractual or legal obligations that exist that require us to retain the information for a period of time;
  • whether any law, statute, or regulation allows for a specific retention period;
  • whether an individual has agreed to a longer retention period;
  • whether the data is considered to be sensitive data; and
  • what the expectation for retention was at the time the data was provided to us.

The Services Not Intended for Children

Our Site is not intended for use by individuals under the age of 13.  We do not knowingly collect or store any personal information from anyone under the age of 13.  If we become aware that we have collected or stored personal information from an individual under age 13, we will remove his or her personal information from our files.  If you are a parent or guardian and believe we may have inadvertently collected personal information from your child, please notify us by sending an email to privacy@tipsyelves.com.

Marketing Communications

Marketing Emails.  You can opt out of marketing or advertising emails by using the "unsubscribe" link or mechanism noted in communications you receive from us.  You may also request to opt out of marketing or advertising emails by contacting us at privacy@tipsyelves.com. Once we process your request, we will cease using the information for such purposes at no charge to you.  If you opt out of getting marketing messages, you will continue to receive messages from us about your relationship with us where permitted by law.

Phone Calls and Text Messages.  If you do not want to receive marketing phone calls or text messages from us, please inform us that you no longer want to receive calls from us when you receive a call from us, or reply STOP to a text message from us.  

Processing in the United States

If you are accessing our Site or Services from outside the United States, please be aware that information we obtain about you will be processed in the United States by Tipsy Elves or our service providers or affiliates.  By using the Site or our Services, you acknowledge your personal information may be transferred to and processed in jurisdictions outside your own as described in this Privacy Policy.  Please be aware that the data protection laws and regulations that apply to your personal information transferred to the United States or other jurisdictions may be different from the laws in your country of residence.  The United States may not afford the same level of protection as laws in your own country.

U.S. State-Specific Privacy Rights

This section applies to you if you are a resident of California, Colorado, Connecticut, Delaware, Iowa, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah or Virginia.

Your Rights.  Subject to certain exceptions and limitations, consumers in these states have the following rights:

  • The right to request that we tell you (i) what personal information we have collected about you, (ii) the sources of that information, (iii) the business or commercial purposes for collecting, selling or sharing the personal information; and (iv) the categories of third-parties to whom we have disclosed personal information.  This right only applies to residents of certain states.
  • The right to request that we provide you with a copy of your personal information.
  • The right to request that we delete your personal information.
  • The right to opt-out of the sale of your personal information.
  • The right to opt-out of the sharing of your personal information for cross-context behavioral advertising or targeted advertising.
  • The right to opt out of profiling in furtherance of decisions that produce legal effects or effects of similar significance, including to evaluate, analyze or predict personal aspects related to your economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
  • The right to direct us to limit the use or disclosure of your sensitive personal information.
  • The right to correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and our purpose for processing the personal information.
  • The right to request a list of the third-parties to which we have disclosed your personal information or any personal information.  This right only applies to residents of certain states.
  • The right to not be discriminated against for exercising your rights above.

Exercising Your Rights.  To exercise any of your rights, please email us at privacy@tipsyelves.com or call us at or call us at 619-450-1281.  For all requests, you must provide us with your name, email address, phone number, the date of your last order, your last order number, and which rights you would like to exercise.  We will verify your identity by matching the information we have collected against the information you have provided.  Failure to provide the foregoing information may prevent us from processing your request.  For requests to opt-out of the sale of personal information or behavioral/targeted advertising, we do not need to verify your identity and you only need to provide your name and email address. Please be advised that, if you have an account connected with the Sites, we cannot delete your personal information except by also deleting your user account. If you have requested that we correct your personal information, please also provide any information about the personal information that you believe is inaccurate, including supporting documentation.  In order to designate an authorized agent to act on your behalf, you must also send a signed, written authorization to us.

Using an Agent.  You may authorize someone to act as your agent and submit a request on your behalf. Due to the sensitivity of such requests, you must verify the agent’s authorization before we will act. Accordingly, you or your agent must supply written proof that the agent is authorized to act on your behalf.

Appealing Our Decision.  If we refuse to take action on your request, you may appeal our decision within a reasonable period of time, not to exceed 45 calendar days from the date of your receipt of our response.  You may exercise your appeal rights by emailing us at privacy@tipsyelves.com.  This right only applies to residents of certain states.  Please include your full name, the basis for your appeal, and any additional information or documents that you would like us to consider.

Right to Opt Out of Cookie-Based Sales of Personal Information.  We engage in online advertising practices (and certain analytics or similar activities) for targeted advertising and cross-context behavioral advertising.  To exercise your right to opt-out of the sale or sharing of personal information for targeted or cross-context behavioral advertising through cookies, pixels and other online technologies, please select the Cookie Preferences link in the footer of our site and disable all targeted advertising and cross-context behavioral advertising cookies.  Please note that we may not be readily able to associate an opt-out preference signal with other personal information such as your email address.  You will also only be opted out of online sales or sharing of personal information, and will need to turn it on for each browser you use. 

Sale or Sharing of Personal Information. We do not sell personal information in exchange for money. However, we participate in digital advertising networks and use cookies and other online technologies to deliver advertising that is tailored to your interests.  This can constitute a “sale” or “sharing” of personal information, as such terms are defined under state privacy laws.  In the 12 months preceding the last updated date below, we have “sold” to or “shared” with analytics and advertising partners, including digital advertising networks and social media networks, the following categories of personal information: identifiers, commercial information, geolocation data, internet or electronic usage data, and inferences.  We do not knowingly sell or share the personal information of individuals under the age of 16. 

Use or Disclosure of Sensitive Personal Information.  In the 12 months preceding the last updated date below, we have not used or disclosed sensitive personal information for purposes to which the right to limit use and disclosure applies.

Disclosures for a Business Purpose.  In the 12 months preceding the last updated date above, we have disclosed the following categories of personal information to service providers, analytics/advertising partners, and/or government entities for a business purpose: identifiers, financial information, audio/visual data, commercial information, internet or electronic usage data, geolocation data, and inferences.

California Shine The Light Requests.  The California Shine the Light law (Cal. Civ. Code § 1798.83) permits residents of California to request certain details about how their information is shared with third parties for the third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at privacy@tipsyelves.com and include "California Shine The Light" in the subject line of your email.

Notice to Nevada Residents/Your Nevada Privacy Rights.  If you are a Nevada resident, you may request that we stop selling certain categories of personal information that we collect. We do not currently sell your personally identifiable information as those terms are defined under Nevada law. However, if you wish to submit a request to opt-out of the sale of such information if we were to engage in such a sale in the future, you may submit your request in writing using our webform.  For all requests, you must provide us with your name, email address, phone number, and mailing address so that we can verify your identity by matching the information we have collected against the information you have provided. Failure to provide all of the foregoing information may prevent us from processing your request. 

Financial Incentives

We may offer various financial incentives permitted by State Privacy Laws that can result in different prices, rates, or quality levels.  We will ask you to provide personal information, including contact information, in connection with these and other programs.  It is not our business practice to assign a specific monetary value to personal information.  However, certain state laws requires that we assign a value.  The financial incentives we offer to consumers are reasonably related to the value of the consumer’s data to our business and contain written terms that describe the program's material aspects.  We calculate this in good faith based on our reasonable but sole determination using factors that include expenses we incur to collect, store and keep personal information. We also considered the expenses related to providing the financial incentive.  Participation in any financial incentive is optional and you may withdraw from participating in financial incentives at any time by emailing us at privacy@tipsyelves.com.

Contact Us

You can contact us about this Privacy Policy by writing or emailing us at the address below:

Tipsy Elves

Attn: Privacy Officer
1041 Market Street #306
San Diego, CA, United States 92101
Email: 
privacy@tipsyelves.com

Updates to Our Privacy Policy

We may update this policy from time to time. The updated policy will be posted on our Sites. Please check our Sites periodically for updates.  The “Last Updated” legend above indicates when this Privacy Policy was last revised.  Any changes will become effective when we post the revised Privacy Policy on any of our Sites.