2. PERSONAL INFORMATION WE COLLECT
The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.
Personal Information You Provide to Us Directly
We may collect the following personal information that you provide to us:
Name and Contact Information. We may collect information when you create an account or use our Services, such as first and last name, email address, postal address, phone number, and other contact data.
Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter or loyalty program, request customer or technical support, apply for a job, or otherwise communicate with us.
Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
Sweepstakes, Contests, and Promotions. We may collect personal information you provide for any sweepstakes, contests, or other promotions that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.
3. HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.
Provide Our Services
We use your personal information to provide you with our Services, such as:
Managing your information and accounts;
Providing access to certain areas, functionalities, and features of our Services;
Fulfilling and managing your orders, payments, returns, and exchanges made through the Services;
Administering prize draws and competitions when you elect to participate in competitions;
Answering requests for customer or technical support;
Communicating with you about your account, activities on our Services, and policy changes;
Enabling our payment processor to process your financial information and other payment methods for products or Services purchased;
Processing applications if you apply for a job with us; and
Allowing you to register for events.
We use your personal information for various administrative purposes, such as:
Pursuing our legitimate interests such as research and development (including marketing research), network and information security, and fraud prevention;
Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
Measuring interest and engagement in our Services;
Short-term, transient use, such as contextual customization of ads;
Improving, upgrading or enhancing our Services;
Developing new products and Services;
Ensuring internal quality control and safety;
Authenticating and verifying individual identities, including requests to exercise your rights under this policy;
Debugging to identify and repair errors with our Services;
Auditing relating to interactions, transactions and other compliance activities;
Sharing personal information with third parties as needed to provide the Services;
Enforcing our agreements and policies; and
Complying with our legal obligations.
Marketing and Advertising our Products and Services
We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.
Some of the ways we market to you include email campaigns, custom audiences advertising, and "interest-based" or "personalized advertising," including through cross-device tracking.
If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time.
We also use your personal information for other purposes as requested by you or as permitted by applicable law.
Consent. We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.
Automated Decision Making. We may engage in automated decision making, including profiling for anti-fraud purposes. SOLAIRE's processing of your personal information will not result in a decision based solely on automated processing that significantly affects you unless such a decision is necessary as part of a contract we have with you, we have your consent, or we are permitted by law to engage in such automated decision making. If you have questions about our automated decision making, you may contact us anytime.
Customizations. We may use your personal information to improve your user experience on the Services by providing content recommendations in your feed such as sellers, items or products that you may find interesting based on the actions you take on the Services.
Share Content with Friends. Our Services may offer various tools and functionalities. For example, we may allow you to provide personal information about your friends, or your friends to provide personal information about you, through our referral services. Our referral services may allow you to forward or share certain content with a friend, such as an email inviting your friend to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend, neighbor, or co-worker).
4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION
We disclose your personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.
Disclosures to Provide our ServicesThe categories of third parties with whom we may share your personal information are described below.
Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, hosting, payment processing, customer service, and related services.
Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information to business partners with whom we jointly offer products or services.
Affiliates. We may share your personal information with our company affiliates for our administrative purposes, including activities such as IT management, for them to provide services to you or support and supplement the Services we provide. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
Other Users/Website Visitors. As described above in "Personal Information We Collect," our Services allow you to share your profile and/or User Content with other users/publicly, including to those who do not use our Services.
Advertising Partners. We may share your personal information with third-party analytics and advertising partners. These third-party analytics and advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as "interest-based advertising" or "personalized advertising."
APIs/SDKs. We may use third-party Application Program Interfaces ("APIs") and Software Development Kits ("SDKs") as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us anytime.
Disclosures to Protect Us or OthersWe may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others' rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
Disclosure in the Event of Merger, Sale, or Other Asset TransfersIf we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your personal information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
5. YOUR PRIVACY CHOICES AND RIGHTS
Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.
Text Messages. You may opt out of receiving text messages from us by updating your preferences in your account or by otherwise contacting us anytime.
Mobile Devices. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device."
Do Not Track. " Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS and others. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs.
Your Privacy Rights.
In accordance with applicable law, you may have the right to:
Access Personal Information about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information;
Request Correction of your personal information where it is inaccurate, incomplete or outdated. In some cases, we may provide self-service tools that enable you to update your personal information;
Request Deletion, Anonymization or Blocking of your personal information when processing is based on your consent or when processing is unnecessary, excessive or noncompliant;
Request Restriction of or Object to our processing of your personal information when processing is noncompliant;
Withdraw your Consent to our processing of your personal information. If you refrain from providing personal information or withdraw your consent to processing, some features of our Service may not be available;
Request data portability and receive an electronic copy of personal information that you have provided to us;Be informed about third parties with which your personal information has been shared; and
Request the review of decisions taken exclusively based on automated processing if that could affect data subject rights.
Request to Opt-Out of Certain Processing Activities including, as applicable, if we process your personal information for “targeted advertising” (as “targeted advertising” is defined by applicable privacy laws), if we “sell” your personal information (as “sell” is defined by applicable privacy laws), or if we engage in “profiling” in furtherance of certain “decisions that produce legal or similarly significant effects” concerning you (as such terms are defined by applicable privacy laws);Appeal our Decision to decline to process your request.If you would like to exercise any of these rights, please contact us directly. We will process such requests in accordance with and to the extent required by applicable laws.
6. SECURITY OF YOUR PERSONAL INFORMATION
We use a combination of physical, technical, and administrative safeguards to protect the information we collect through the Services. While we use these precautions to safeguard your information, no system is 100% secure, and we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.
7. INTERNATIONAL DATA TRANSFERS
All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.If we transfer personal information to countries outside the European Economic Area, we will put in place appropriate safeguards to ensure that this transfer complies with the applicable laws and regulations. For more information about these safeguards, please contact us directly.
8. RETENTION OF PERSONAL INFORMATION
9. Exercising Your Rights under CPRA
We will work to respond to your Valid Request within the time period required by applicable law. We will not charge you for a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive, or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.
You may submit a Valid Request using the following method:
Email us at: firstname.lastname@example.org
If you are a California resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
10. Other State Law Privacy Rights
1. California Resident Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at email@example.com
2. Nevada Resident Rights
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. Please note, we do not believe we “sell” Personal Data as that term is defined under Nevada Revised Statutes chapter 603A (Security and Privacy of Personal Information.
3. Colorado Resident Rights
If you are a resident of Colorado, you have the right to opt-out of the sale of certain Personal Data to third-parties who intend to license or sell that Personal Data. Please note, we do not believe we “sell” Personal Data as that term is defined under Colorado’s Privacy Act SB21-190.
If you are a Colorado resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
4. Connecticut Resident Rights
If you are a resident of Connecticut, you have the right to opt-out of the sale of certain Personal Data to third-parties who intend to license or sell that Personal Data. Please note, we do not believe we “sell” Personal Data as that term is defined under Connecticut’s Personal Data Privacy and Online Monitoring Act.
If you are a Connecticut resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.
5. Virginia Resident Rights
If you are a resident of Virginia, you have the right to opt-out of the sale of certain Personal Data to third-parties who intend to license or sell that Personal Data. Please note, we do not believe we “sell” Personal Data as that term is defined under Virginia’s Chapter 53 Consumer Data Protection Act § 59.1-575.
6. Utah Resident Rights
If you are a resident of Virginia, you have the right to opt-out of the sale of certain Personal Data to third-parties who intend to license or sell that Personal Data. Please note, we do not believe we “sell” Personal Data as that term is defined under Utah’s Consumer Privacy Act SB 227.
11. European Union, European Economic Area, and United Kingdom Data Subject Rights
1. EU, EEA, and UK Residents
If you are a resident of the European Union (“EU”), European Economic Area (“EEA”) Lichtenstein, Norway, Sweden, or Iceland, or the United Kingdom (“UK”), you may have additional rights under the EU or UK General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. For Personal Data collected through our website MYSOLAIRE.XYZ, SOLAIRE will be the controller of your Personal Data. In nearly all other cases, such as Personal Data processed in connection with SOLAIRE Merchant Platform, SOLAIRE Consumer Wallet, or any other Services subject to a contractual agreement, SOLAIRE will be the Processor.
2. Personal Data We Collect
The “Categories of Personal Data We Collect” section above details the Personal Data that we collect from you.
3. Personal Data Use and Processing Grounds
The “Our Commercial or Business Purposes for Collecting Personal Data” section above explains how we use your Personal Data.
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
(a) Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms and Conditions with you, which enables us to provide you with the Services. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.
Profile or Contact Data
(b) Legitimate Interest: We process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties:
Profile or Contact Data
We may also de-identify or anonymize Personal Data to further our legitimate interests.
Examples of these legitimate interests include (as described in more detail above):
Providing, customizing and improving the Services.
Marketing the Services.
Corresponding with you.
Meeting legal requirements and enforcing legal terms.
Completing corporate transactions.
(c) Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
(d) Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.4. Sharing Personal Data
The “How We Share Your Personal Data” section above details how we share your Personal Data with third parties.
5. EU Data Subject Rights
You have certain rights with respect to your Personal Data, including those set forth below. To exercise certain of these rights, please see “Your Choices” above. For more information about these rights, or to submit a request, please email us at firstname.lastname@example.org. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
Access: You can access the Personal Data we hold about you and request a copy of such Personal Data.
Rectification: You may correct or supplement Personal Data we hold about you.
Erasure: You may be able to erase (or you can request that we erase) some or all of your Personal Data from our systems.
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Services.
Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Right to File Complaint: You have the right to lodge a complaint about SOLAIRE's practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.
12. Transfers of Personal Data
The Services are hosted and operated in the United States (“U.S.”) through SOLAIRE and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to SOLAIRE in the U.S. and will be hosted on U.S. servers, and you authorize SOLAIRE to transfer, store and process your information to and in the U.S., and possibly other countries. In some circumstances, your Personal Data may be transferred to the U.S. pursuant to a data processing agreement incorporating standard data protection clauses.
13. Supplemental Notice
Disclosure Regarding Individuals Under the Age of 16. SOLAIRE does not have actual knowledge of any “sale” of personal information of minors under 16 years of age. SOLAIRE does not have actual knowledge of any “sharing” of personal information of minors under 16 years of age for “cross-context behavioral advertising.”
Disclosure Regarding Sensitive Personal Information. SOLAIRE only uses and discloses sensitive personal information for the following purposes:
- To prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, and or confidentiality of stored or transmitted personal information.
- To resist malicious, deceptive, fraudulent, or illegal actions directed at SOLAIRE and to prosecute those responsible for those actions.
- To verify user identity in limited circumstances (e.g., government ID verification).
- For purposes that do not infer characteristics about individuals.
Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.
Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us directly.
Verification. To protect your privacy, we will take steps the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include asking you to answer questions regarding your account and use of our Services.If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us directly. We will process such requests in accordance with applicable laws.
De-Identified Information. If we create or receive de-identified information, we will not attempt to reidentify such information, except to comply with applicable law.
Refer-a-Friend and Similar Financial Incentive Programs. As described above in “How We Use Your Personal Information” we may offer referral programs or other incentivized data collection programs. For example, we may offer incentives to you such as discounts or promotional items or credit in connection with these programs, wherein you provide your personal information in exchange for a reward, or provide personal information regarding your friends (such as their email address) and receive rewards when they sign up to use our Services. (The referred party may also receive rewards for signing up via your referral.) These programs are entirely voluntary and allow us to grow our business and provide additional benefits to you. The value of your data to us depends on how you ultimately use our Services, whereas the value of the referred party's data to us depends on whether the referred party ultimately becomes a user and uses our Services. Said value will be reflected in the incentive offered in connection with each program.
California Shine the Light. The California "Shine the Light" law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.
Right for minors to remove posted content. Where required by law, California residents under the age of 18 may request to have their posted content or information removed from the publicly-viewable portions of the Services by contacting us directly or logging into their account and removing the content or information using our self-service tools.
14. CHILDREN'S INFORMATION
The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children. As stated in our Terms & Conditions, you must be at least 18 years old in order to create an Account or use the App.If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us directly. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child's account.
15. OTHER PROVISIONS
Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.
Supervisory Authority. If you are located in the European Economic Area, Switzerland, the United Kingdom or Brazil, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.