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Privacy Policy

Effective Date: May 11, 2021

 

Please read this Privacy Policy ("Privacy Policy") carefully, as it provides important information on how and why By Cindy Tong (“Company”, “we”, “us”, or “our”) collect, use, store and share your personal information.  It also outlines the rights you can exercise in connection with your personal information and how you can contact us if you have any questions or concerns.  The term “you” refers to any visitor, viewer or user of this website, bycindytong.com (“Website”), and any user of any product or program from us (collectively, "Product").

 

This Privacy Policy is legally binding.  By visiting, viewing or using this Website, and/or by using any Product from us, and/or performing any Activities (as defined below), you agree to be bound by this Privacy Policy.

 

We reserve the right to change, amend or modify this Privacy Policy at any time.  We will alert you to any changes to this Privacy Policy by posting the effective date of the latest version at the top of this page, at which point any changes will become effective immediately.  It is your responsibility to check for updates, as your continued use of the Website and/or any Product after the Privacy Policy is amended will constitute your acceptance and agreement to continue to be bound by the Privacy Policy as of the last effective date indicated at the top of this page.

 

We use the term “personal information” to refer to data we collect that may, directly or indirectly, identify, describe, relate to or be associated with you.  This Privacy Policy applies to personal information we collect when you interact with us through different means, including by visiting, viewing and using the Website.  Please note that we cannot control the privacy practices of websites and services that we do not own.

 

INFORMATION WE COLLECT AND HOW WE COLLECT IT

 

The following describes what type of personal information we collect and how we collect such information.

 

Information You Provide. We collect information you provide to us directly.  This includes information you provide when you (i) receive any free Products or purchase any Products from us, (ii) sign up to receive any emails, (iii) comment on any posts or otherwise communicate with us on any social media platform, (iv) fill out any forms, (v) access public or private membership groups, including those hosted via a third-party platform (i.e., Facebook), (vi) respond to any survey, (vii) participate in any contest or sweepstakes, or (viii) contact us through any other means, including via an online form, phone call, or email (collectively, “Activities”).  Examples of data we may receive include your name, telephone number, email address, shipping address, billing address, physical address, billing information (such as your credit card number), financial information, social media information, and other information you provide to us through survey responses, feedback, reviews and other means of communication.

 

Information Collected Automatically.  We collect some data automatically when you visit or use our Website or open or respond to our emails.  For example, we may automatically collect information when you open or respond to our emails, make a choice with respect to communications we send to you, visit any page that displays our content, provide information to our service providers or purchase or return a Product.

 

Information from Third Party Sites.  We collect some data when you connect with us, comment on or like our posts or otherwise interact with us on any social media platform, or when you access public or private membership groups hosted on a third party platform (i.e., Facebook).  Examples of data we may receive include your profile information, profile picture, social media information, social media handles or nicknames, name, purchase history, email address, device identifiers and demographic information.

 

Information from Internet or Other Electronic Network Activity.  We automatically collect some data about your computer or mobile device when you access our Website.  Examples of data we may receive include your Internet Protocol (“IP”) address, cookies from your browser, web browser software, information about the referring website, the date, time and length of your visit, and information on how you interact with the Website and Products.

 

PURPOSES FOR COLLECTING INFORMATION

 

We use your information for business and commercial purposes.  For example, we may use your information to:

 

Grant you access to a public or private membership group or other account, and maintain and service your profiles for such accounts.

 

Validate and authenticate your profile when logging into a public or private membership group or other account or when purchasing a Product.

 

Analyze interactions with you to improve quality.

 

Identify your product preferences and shopping preferences.

 

Secure our Website and data.

 

Create Products that you are interested in.

 

Ship or otherwise deliver, process payment for, communicate about, and track orders of any Products.

 

Suggest Products you may like based on past purchases and otherwise personalize your experience with the Website.

 

Provide promotional and marketing communications and information if you elect to receive it.

 

Improve the design, functionality and ease-of-use of the Website and Products.

 

Respond to any inquiries, reviews or other feedback you submit to us.

 

Provide customer service.

 

Conduct research to improve our business processes.

 

Administer contests, sweepstakes, surveys or promotions.

 

Administer any business needs related to your purchase of any Products.

 

Detect security incidents and protect against, stop, resolve and prevent any fraud and fraudulent transactions and any malicious, deceptive or illegal activity.

 

Comply with all applicable laws.

 

Respond to legal and regulatory inquiries and assist law enforcement.

 

THIRD PARTIES WE SHARE INFORMATION WITH

 

The following is a list of third parties that we may share your information with or for:

 

Analytics Providers.  We may share your information with analytics providers.

 

Business Transfers.  If we are acquired by a third party as a result of a transfer, sale, merger, acquisition, reorganization, liquidation, consolidation, merger or sale of some or all of our Company, your personal information may be a transferred asset.  We may also share personal information to prospective purchasers to diligence the proposed transaction.

 

Cloud Service Providers.  We may share your information with cloud service providers.

 

Delivery Partners.  We may share your information with delivery partners, such as those we use to ship or otherwise deliver any Products.

 

Government Agencies.  We may share your information with government agencies, courts, regulators and law enforcement in the event we are required to comply with applicable laws and regulations or a legally binding process, or in response to subpoenas, warrants, government inquiries or investigations, and court orders.  We may also share your information (i) to establish, exercise, protect or enforce the legal rights of our Company, agents, employees and affiliates, (ii) to defend against a legal claim, (iii) to protect you, us or third parties against injury, interference, fraud or harm or (iv) to take action related to violations of our policies and this Privacy Policy or potentially illegal activities.

 

Marketing and Advertising Providers.  We may share your information with marketing and advertising providers, including email marketing and campaign providers, marketing software providers, direct mail providers, marketing analytics providers and sales funnel providers.

 

Payment Processors.  We may share your information with payment processors, such as those we use to collect and process payment for any Products you purchase.

 

Technology Service Providers.  We may share your information with technology service providers.

 

Third Parties.  We may share your information with third parties whom we have contractual relationships with, such as auditors, consultants, lawyers, and other professionals who rely on the data to provide us with professional services.

 

Third Party Partners.  We may share your information with third parties we have partnered with to jointly create or offer a product, service or joint promotion.

 

WE DO NOT SELL YOUR PERSONAL INFORMATION

 

We do not sell, rent or trade your personal information to any third parties, as we value your privacy.

 

COOKIES AND OTHER TRACKING TECHNOLOGIES

 

We may collect and access, and may permit our business partners and third party service providers, such as advertising companies, to collect and access your Internet Protocol (IP) address, browsing metadata and other numerical identifiers, such as your browser type, version and operating system (collectively, the “Browsing Information”).  We may also use, place, collect and store, or allow our third party service providers to use, place, collect and store, cookies, web beacons, remarketing pixel tags, or other similar tracking technologies.

 

We, our business partners and third party service providers may use this information and these technologies to, among other things, improve and personalize your user experience, understand how you use the Website, provide tailored ads, analyze trends, data, and Website performance, administer the Website, identify and track you when you use different devices, determine if you are logged onto the Website, provide security and provide a range of features, customization and functionality.

 

By using the Website and not opting out of cookies, you consent to the use of Browsing Information, cookies and other tracking technologies as described in this Privacy Policy.  Note that we have no control over these third party service providers and their use of such tracking technologies. We cannot and do not control the privacy policies and practices of any third party service providers.  We encourage you to visit their websites directly to learn about their privacy policies.

 

YOUR CHOICES

 

It is important to us that you understand your choices regarding your personal information.

 

Opting Out of/Blocking Cookies.  Most browsers accept cookies by default.  However, most browsers will allow you to prevent accepting new cookies, disable cookies, and/or receive a notification when you receive new cookies.  If your browser has such functionalities, information on how you can change your cookie settings can typically be found in the help section of the browser toolbar.  Please note that if you do disable cookies, this may have an impact on or interfere with your user experience, including your ability to use or make purchases from the Website, or receive personalized content.

 

Do Not Track Disclosure.  Certain web browsers may provide an option by which you may ask your browser to inform websites you visit that you do not wish your activities to be tracked by cookies or other persistent identifiers, commonly called “Do Not Track Signals”. Although our systems are currently unable to recognize browser Do Not Track Signals, you may opt out of tracking activities by following the instructions in this Privacy Policy to opt out of advertising.

 

Use of Personal Information.  You can request that we delete your personal information at any time by contacting us using the contact details provided below, subject to certain exceptions.  You can also (i) request to see your personal information that we have available on you, (ii) withdraw consent for our use of your personal information, (iii) review and request we rectify, change or modify your personal information, (iv) restrict or limit the processing of your personal information, (v) cancel the processing of your personal information and (vi) request your personal information and transfer it to another controller without any impediments on our part by contacting us using the contact details provided below.

 

In addition, if you are covered by the General Data Protection Regulation, you also have the right to object to decisions being taken by automated means that have a legal or similarly significant impact on you.  This section provides a mere overview of the rights afforded to you and is not intended to serve as a comprehensive and exhaustive list. If you are covered by the General Data Protection, please visit the explanation of individual rights provided by the Information Commissioner’s Office through this link https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.

 

Complaint.  If you are covered by the General Data Protection Regulation, you can lodge a complaint with the responsible data protection regulatory authority.

 

Unsubscribing from Email Marketing.  If you receive any email marketing from us, you can opt out by clicking the “unsubscribe” link contained in each email.  Please note that unsubscribing from email marketing does not necessarily unsubscribe you from other emails we may send, such as emails about any Products you purchase.

 

Other Opt-Out Options.  If we send you physical mailings, send you short message service (SMS) messages or contact you via telephone, you can opt-out by contacting us using the contact details provided below.

 

DATA RETENTION

 

We retain personal information as long as it is needed to conduct and operate our business or until you ask us to delete your personal information by contacting us using the contact details provided below.  Please note that we cannot control the data retention policies of third parties.

 

THIRD PARTY LINKS

 

For your convenience, we provide links to third party websites on our Website, such as links to third party social media platforms.  We cannot and do not control the privacy policies and practices of the website owners and operators of any of the third party websites that we link to.  We encourage you to visit their websites directly to learn about their privacy policies.

 

HOW WE PROTECT YOUR PERSONAL INFORMATION

 

We maintain reasonable and appropriate physical, technical and procedural safeguards to help keep your personal information safe.  While we take reasonable steps to protect your personal information, no method of transmission over the internet or other network can be fully secure, therefore we cannot and do not guarantee that personal information you transmit will remain secure from misuse or interception in all circumstances.  By consenting to this Privacy Policy, you acknowledge that we cannot guarantee that your personal information will be protected from misuse or interception by third parties.

 

INTERNATIONAL DATA, TRANSFERS AND PROCESSING

 

Our Website is intended for individuals located within the United States.  Please be aware that our Website servers and our service providers may be located outside of your state, province or country.  As a result, some of your personal information may be collected, used, transferred, maintained, disclosed and stored outside of your state, province or country.  By using this Website, you acknowledge and agree that the collection, use, transfer, maintenance, disclosure and storage of your personal information, Browsing Information and communications related to or arising out of your use of this Website is governed by the applicable laws in the United States.  The applicable privacy laws in the United States may be less stringent than those of your state, province or country.

 

NOTICE TO CALIFORNIA RESIDENTS

 

The information in this section, under the subheading “NOTICE TO CALIFORNIA RESIDENTS”, applies to residents of California.  References to “you” and “your” in this section refer only to residents of California. The California Consumer Protection Act (“CCPA”), which took effect on January 1, 2020, provides privacy rights for residents of California.  Please refer to the referenced sections in this Privacy Policy for details on the following, which you have a right to know under the CCPA:

 

To review information on the categories of personal information and the categories of sources from which we collect, use, store and share personal information, read the section of this Privacy Policy titled “Information We Collect and How We Collect It”.

 

To review information on the business or commercial purposes for which we collect information, read the section of this Privacy Policy titled “Purposes for Collecting Information”.

 

To review information on the categories of third parties we share personal information, read the section of this Privacy Policy titled “Third Parties We Share Information With”.

 

As a California resident, you have certain rights you can exercise under the CCPA, including the following:

 

Right to Know.  You have the right to obtain from us certain information about our collection of your personal information over the past 12 month period, including: (i) the categories of personal information we collected, (ii) the specific pieces of your personal information we collected, (iii) the categories of sources for the personal information we collected, (iv) our business or commercial purpose for collecting or selling that personal information, (v) the categories of third parties with whom we share that personal information, and (vi) if we sold or disclosed your personal information, then (a) a list disclosing the categories of personal information involved in sales and the categories of third parties to whom we sold your personal information and (b) a list disclosing categories of personal information disclosed for a business purpose and the categories of third parties with whom we shared your personal information.  You have the right to obtain this information from us, free of charge, twice each year.

 

Right to Delete.  You have the right to request that we delete your personal information that we have collected, subject to certain exceptions.  When you contact us, please let us know the information you are requesting we remove, update, correct or amend, and the timeframe and manner in which you believe we came to collect such information.

 

Right to Opt-Out.  You have the right to opt-out of the sale of your personal information.  We do not sell, rent or trade your personal information to any third parties, as we value your privacy.  Therefore, no request to opt-out of sale is necessary.

 

Right to Non-Discrimination.  You have the right not to receive discriminatory treatment by us for exercising your rights under the CCPA.  We will not discriminate against you in any way for exercising any of the rights available to you under the CCPA.

 

To exercise any of your rights, please contact us using the contact details provided below.  We are required to verify the identity of anyone who makes any request.

 

CHILDREN’S PRIVACY

 

This Website is not directed towards or designed for use by children under the age of 18.  This Website and the information contained on it is specifically designed for individuals over the age of 18.  If you are under the age of 18, you must not access this Website or perform any of the Activities We do not knowingly collect, use, store or share personal information from children under the age of 18.  If you know or have reason to believe that we have collected data from anyone under the age of 18, please contact us using the contact details provided for removal of that data.

 

ALTERNATIVE FORMS

 

You may print this Privacy Policy by using the “Print” function on your browser.

 

HOW TO CONTACT US

 

If you have any questions or concerns related to this Privacy Policy, or would like to exercise any of your rights, please contact us at bycindytong@gmail.com.

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