Effective: September 20, 2021
Last updated: July 20, 2022

This privacy policy describes how Tipsy Elves collects, uses and discloses personal information we collect when you use our websites, mobile applications, or our other online products and services (collectively, the “Services”), purchase our products, contact our customer service team, engage with us on social media or otherwise interact with us. By purchasing our products or using our Services, you consent to the collection, use and disclosure of your personal information in accordance with the following privacy policy.

Collection and Use of Personal Information

Categories and Types of Personal Information We Collect

The types of personal information relating to you that we may "process" (such as collect, use and store) depends on your interaction with us. The key categories and types of personal information that we may collect and process are set out below.

• Contact Information: name, email address, mailing address, phone number;

• Financial Information: payment card number, expiration date and CVV code, and billing address;

• Identifiers: IP address, user name, account number, password and other security information for authentication and access;

• Geolocation Data: the general region or area from which you access our site;

• Internet or other electronic activity: email, browsing and click history, including information about how you navigate the Internet;

• Commercial Information: 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: videos, photographs, or audio recordings;

• 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 use your personal information for the following purposes:

• Transactional Purposes: We use your contact information, financial information, identifiers, commercial information, and inferences to: Fulfill your order, send you an order confirmation and shipping updates, provide requested products or services, send product updates, respond to customer service requests and inquiries, and administer an online account.

• Analytical Purposes: We use your identifiers, internet or other electronic activity, geolocation data, commercial information, inferences and audio, electronic, visual or similar information to analyze preferences, trends and statistics.

• Marketing and Promotional Purposes: We use your contact information, identifiers, commercial information, internet or other electronic activity, geolocation data, inferences, and audio, electronic, visual or similar information to send you a newsletter or catalog, improve our marketing efforts, create social media posts or advertisements, and provide you with information about Tipsy Elves, including personalized marketing communications.

• Maintenance and Improvement of Services: We use your contact information, commercial information, identifiers, and internet activity or other electronic activity to answer your questions and respond to your requests, improve our Services, provide and maintain functionality on our websites, and help us diagnose technical and service problems and administer our websites.

• Security and Fraud Prevention: We use your contact information, identifiers, commercial information, financial information, geolocation data, internet or other electronic activity, inferences, and audio, electronic, visual or similar information to protect our websites, our firm and others, and to prevent fraud, theft and misconduct.

• Legal: We use your contact information, identifiers, financial information, geolocation data, internet or other electronic activity, audio and visual information and inferences to comply with our legal obligations, including reporting requirements, and defend Tipsy Elves in and protect Tipsy Elves, property, employees, and others through legal proceedings.

Sources Of Personal Information

We collect information from the following sources:

• Directly from you: We collect contact information, financial information, identifiers, commercial information, and audio, electronic, visual or similar information that you provide directly to Tipsy Elves.

• Passively: When you access our Services, we collect identifiers, geolocation data, and internet or other electronic activity passively using tools like browser cookies. This activity is further described below in the Cookies and Other Tracking Technology section.

• From third parties: We may collect contact information, identifiers, commercial information, and audio, electronic, visual or similar information from third parties. This might include social media websites and your bank.

• Combined Information: We combine information we obtain from different sources with publicly available information, including to create inferences about you.

Information Sharing

We will share personal information in the following circumstances or as otherwise described in this Privacy Policy:

Service Providers: We may share information with vendors and service providers who support the operation of the Services and business and who need access to such information to carry out their work for us (including, for example, web hosting, analytics, payment processing, email delivery, marketing, insurance, storage and warehouse services, shipping, and customer support services). In some cases, the vendor or service provider may directly collect the information from you on our behalf.

Third Party Marketing Partners: We may share personal information with third party marketing partners for commercial purposes such as catalog cooperatives.

Professional Advisors: We may share information with professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.

Responding to Legal Requests: We share information if we think we have to 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 enforce or protect our contracts, legal rights or the rights of others, including by responding to claims asserted against us.

Corporate Transactions. We may share information 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.

With Your Consent or At Your Direction. We may share information with third parties whenever you consent to or direct such sharing.

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 credit card number and payment 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 on their websites.

Cookies and Other Tracking Technologies

We want you to be aware that certain online tools exist to help us serve and recognize you when you visit one of our websites. For your convenience, to help us personalize your experience or better serve your needs, we may receive and store certain types of information when you visit our website. You may be familiar with the term “cookies.” When you access the Services, we (including companies we work with) may place small data files on your computer or other device. These data files may be web beacons, cookies, clear gifs, pixel tags, e-tags, flash cookies, or other local storage provided by your browser or associated applications (collectively called cookies). Cookies allow us to understand how users navigate to and around our website, view product pages, access content and make purchases. We may use cookies, for example, to keep track of your preferences and profile information. Cookies are also used to collect general usage and volume statistical information. If you want to remove or block cookies, you may be able to update your browser settings. You can also find instructions on how to manage cookies on different types of web browsers at www.allaboutcookies.org.

Do Not Track Signals

We do not collect or respond to Do Not Track signals and our websites do not function differently based on any Do Not Track preferences that may be received. For more information on Do Not Track signals, please visit https://www.allaboutdnt.com/.

Third Party Analytics and Advertising

We allow others to provide analytics services and serve advertisements on our behalf across the Internet and in mobile applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the Services and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked and conversion information. We use this information to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests and better understand your online activity. If you would like more information about this practice and your choices, please visit http://www.aboutads.info/ or click here.

Links to Other Websites

Our website includes links to other websites whose privacy practices may differ from those of Tipsy Elves. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.

Security

We follow generally accepted industry standards to protect the personal information submitted to us. 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 We Keep Your Information

We will retain your information for as long as your account is active or as long as we need it to provide you products or services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at info@tipsyelves.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Children

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 immediately by sending an email to privacy@tipsyelves.com.

Choice/Opt-out

You may choose to stop receiving our newsletter, marketing emails by following the unsubscribe instructions included in these emails or you can contact us at privacy@tipsyelves.com. If you no longer wish to receive a catalog from us, please email us at privacy@tipsyelves.com.

If you provide your phone number through the Services, we or our third party vendor may call or send you a transactional SMS message about the status of or issues with a recent transaction (e.g., an order you have placed with us). In addition to transactional SMS messages, we may send you marketing communications by SMS. However, we only send marketing SMS messages to those who have expressly opted-in to receiving marketing communications by SMS text message. If you no longer wish to receive SMS text messages from us, you can opt out of future text messages by replying to one of our SMS text messages with the word “Stop.”

If you would like to opt-out of our sharing your personal information with Oracle, one of our third-party marketing partners, please email us at privacy@tipsyelves.com. If you are a registered user of the Services, you may review and change certain personal information (e.g., email, password, name, payment information) at any time by accessing your account online. If you would like to amend or modify the personal information we store on you, please email us at privacy@tipsyelves.com. We will keep only the information necessary in the unlikely case of recalls.

Processing in the United States

We are based in the United States. If you are using the Services from outside the United States, please be aware that information we obtain about you will be processed in the United States or in other jurisdictions. By using the 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 countries may be different from the laws in your country of residence.

California Privacy Rights

The California Consumer Privacy Act or “CCPA” (Cal. Civ. Code § 1798.100 et seq.) and the Shine the Light law (Cal. Civ. Code § 1798.83) afford consumers residing in California certain rights with respect to their personal information. If you are a California resident, this section applies to you.

Shine The Light

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at privacy@tipsyelves.com

California Consumer Privacy Act (CCPA)

In the preceding 12 months, we have collected the following categories of personal information: contact information, identifiers, financial information, commercial information, geolocation data, internet or other electronic network activity information, audio, electronic, visual, or similar information and inferences. For details about precise data points we collect and the categories of sources of such collection, please see the Collection and Use of Personal Information section above. We collect personal information for the business and commercial purposes described in the Collection and Use of Personal Information section above. In the preceding 12 months, we have disclosed the following categories of personal information for business purposes to the following categories of recipients:

Your Rights Under The CCPA

Subject to certain exceptions, the CCPA affords California consumers the following rights:

1. The Right to Know About Personal Information Collected, Disclosed, or Sold

You have a right to request what personal information we have collected, used, disclosed and sold about you in the preceding 12 months. You can also request the specific pieces of personal information we have collected about you. To submit a request for specific pieces of information, please send an email to privacy@tipsyelves.com. You must use “California Request to Know Information” in the subject line of your email.

You can also request the following categories of information:

To submit a request for categories of information, please send an email to privacy@tipsyelves.com or call us at 619-450-1281. You must use “California Right to Know Categories” in the subject line of your email.

For all requests regarding the right to know as described above, you must provide us with your name, email address and mailing address. Failure to provide all of the foregoing information will prevent us from processing your request. Further, in order to verify your identity, we will match that information to the information we have in our systems. Additionally, some requests may be subject to additional identity verification procedure. In order to designate an authorized agent to act on your behalf, you must send a signed, written authorization to us at privacy@tipsyelves.com.

2. Right to Request Deletion of Personal Information

You can also request that we delete your personal information. We may not delete all of your personal information if one of the exceptions to the CCPA applies. We will also maintain a record of your CCPA Rights requests. To submit a request for deletion, please send an email to privacy@tipsyelves.com or call us at 619-450-1281. You must use “California Right to Delete” in the subject line of your email.

In your request, you must provide us with your name, email address and mailing address. Failure to provide all of the foregoing information will prevent us from processing your request. Further, in order to verify your identity, we will match that information to the information we have in our systems. Additionally, some requests may be subject to additional identity verification procedure. In order to designate an authorized agent to act on your behalf, you must send a signed, written authorization to us at privacy@tipsyelves.com.

Please note that if we delete your personal information, the Services provided may not maintain the same functionality. For example, your previous opt out requests will not be saved and saved preferences and information will no longer be available.

3. Right to Opt-Out of Sale of Information

​​​​​​​You have a right to opt-out of the sale of your personal information. The CCPA defines a "sale" as disclosing or making available to a third-party personal information in exchange for monetary or other valuable consideration. While we do not sell personal information for monetary value, we may disclose personal information to third parties, such as catalog cooperatives, in such a way that may be considered a “sale” of personal information under the CCPA. To direct us to stop the sale of your personal information, please send an email to privacy@tipsyelves.com or call us at 619-450-1281. You must use “California Opt-Out” in the subject line of your email.

In your request, you must provide us with your name, email address and mailing address. Failure to provide all of the foregoing information will prevent us from processing your request. Further, in order to verify your identity, we will match that information to the information we have in our systems. Additionally, some requests may be subject to additional identity verification procedure. In order to designate an authorized agent to act on your behalf, you must send a signed, written authorization to us at privacy@tipsyelves.com

We do not sell personal information of minors who we know are under 16 years of age.

4. Right to Not Be Discriminated Against

You have a right to not be discriminated against for exercising any of your CCPA rights. We will not discriminate against you, deny you services, charge you a different price, or provide you with a lesser quality of services if you exercise any of your CCPA rights.

Contact Information

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

Tipsy Elves
1041 Market Street #306
San Diego, CA, United States 92101
Email: privacy@tipsyelves.com

CCPA Privacy Statements for Employees and Job Applicants

For information regarding the CCPA Privacy for Employees and Job Applicants, please see the CCPA Privacy Statement for Job Applicants Page and the CCPA Privacy Statement for Employees Page.

Updates to this Privacy Policy

We may update this policy from time to time. The updated policy will be posted on our website. Your continued use of the website after we post a revised policy signifies your acceptance of the revised policy.