PRIVACY POLICY

Shop Avara, LLC, which is known as Shop Avara, along with our representatives, officers, members, managers, subsidiaries, affiliates, parents, employees, and agents (collectively “Avara” or “we” or “us” or “our”) respects your privacy. This Privacy and Cookie Policy (the “Policy”), as amended from time to time, governs how Avara collects, uses, processes, discloses, and retains your personal information and data when you access or use shopavara.com (the “Site”) and any other Avara websites, applications, social media sites, online advertisements, products, services, programs, networks, platforms, and other digital properties of any kind whether in existence now or created in the future (collectively referred to as the “Services”), whether through online or offline interactions. As used in this Policy, the term “you” or “your” refers to visitors or users of the Services, and the term “personal information” or “personal data” shall mean and include any information or data relating to or pertaining to an identified or identifiable natural person, or as otherwise defined under applicable law.

For any questions regarding this Policy or any requests regarding the processing of personal information, please contact us at help@shopavara.com.

1.         Information Avara Collects.

To provide the Services, Avara may process your personal information. The type of personal information that we collect depends on how you use and interact with the Services, as set forth in this Policy. Because Avara changes its offerings, products, services, and features from time to time, the personal information collected or requested from you may also change. Because much of this information is necessary for Avara to provide you with our Services, if you choose not to share certain personal information, you may not be able to access or use certain Services.

1.1           Personal Information You Provide to Us

(a)        Account Information. 

We collect personal information that you provide to us in connection with an account or profile, such as when you register for an account, create a profile, log in to your account, or fill out a form. Mandatory information required for account creation and basic service provision includes your name, email address, and password. Optional information that may enhance your experience but is not required may include phone number, mailing address, ID, clothing and shoe size, interests, gender, age, preferred language, birthday, and social media handles.

(b)       User Content. 

We collect personal information and content that you submit, share, or create by virtue of your access or use of the Services. This may include but is not limited to design and product feedback, preferences, text, images, reviews, messages, comments, searches, support chat interactions and discussion, purchase history, or your use of other features of our Services that may be offered from time to time.

(c)        Transaction Data. 

We collect transaction information related to your purchase of our products and services. Examples of such information include but are not limited to the type of product/service requested or provided, order details, amount charged, payment method, billing or shipping information, delivery information, copies of government-issued identification cards, and information about any products or services you returned or exchanged with us. If you use Avara financial tools to purchase products or services, we work and integrate with third-party payment processors to collect and process your payment information.

(d)       Communications. 

When you communicate with Avara (via email, phone, through access or use of the Services, or otherwise), we may record, monitor, collect, and use details about you and your communications (including call time and call duration). Examples of communications include but are not limited to when you request additional information about our Services, interact with our customer service team or store associates, or sign up to receive our email newsletters or marketing messages. Further, we may collect communications data when you interact with us on social media, such as by tagging us or our products or permitting us to follow your social media profile. Examples of personal information we collect from communications include but are not limited to your contact information, the date and time of your communications, online identifiers, social media profile, and the content of your communications.

(e)        Legal Processing Basis. 

Avara relies on various legal bases to process your personal information, depending on the specific category and purpose of processing. These include: (1) Consent: we may process certain personal information based on your explicit consent, which you can withdraw at any time. (2) Contractual Necessity: we process personal information necessary to fulfill our contractual obligations to you when you use our services. (3) Legitimate Interests: we may process personal information based on our legitimate business interests, such as fraud prevention and improving our services. (4) Legal Compliance: we process personal information to comply with applicable laws and regulations.

1.2           Information From Third Parties.

(a)        General.

Avara collects information that others make available to us, including information from third-party platforms, publicly available information, information from other users of the Services, information from Avara partners, service providers, and corporate affiliates, and information from third-party sites. When you submit personal information to any third party and are informed at the time of collection that your information may be shared with Avara, we may collect that information for lawful marketing purposes.

(b)       Other Platforms.

Avara may receive information about you from third-party platforms when you allow the third-party platform to share this information with us or allow us to obtain this information from the third party via plugins, widgets, or other tools. Examples of third-party platforms include but are not limited to Shopify, Facebook, X, Google, Spotify, and Instagram.

(c)        Avara Partners and Service Providers. 

Avara may receive information about you from our partners and service providers. For example, Avara payment processors may update your payment information, Ad Partners (defined below) may help send communications to your address, and third parties may help prevent fraud by verifying your contact information. In addition, Avara financial partners that conduct “know your customer” or “know your business” (KYC or KYB) verification and the banking partners may provide Avara with information they collect directly from you.

1.3           Personal Information Avara Collects Automatically

(a)        General. 

Each time you access the Site, information is sent to our server by your internet browser or app and stored in log files. Avara collects information about your use of the Services, including your search activity, the pages you view, the date and time of your visit, and if you use the browser extensions, the content you interact with on third-party sites, and how you navigate and interact with a page or a screen. Avara also collects information that your device provides to us in connection with your access and use of our Services, such as your device’s hardware model, browser type, type of device, browser language, internet protocol (“IP”) address, operating system version, language settings, mobile carrier, unique device identifiers, advertising identifiers, serial numbers, device motion data, screen resolution, clickstream data, usage and traffic data, how your device interacts with the Services, network information, and mobile network data.

(b)       Cookies. 

Technology known as cookies, web beacons, locally shared objects (sometimes called "flash cookies"), mobile identifiers, and similar technologies (collectively referred to as "Cookies") are collected, stored, and used by Avara and our partners, which includes but is not limited to advertising, marketing, and analytics providers (collectively referred to as the "Ad Partners"). Examples of data we may collect via Cookies include your access dates and times, pages or screens viewed, how long you spent on a page or screen, the routes by which you access our Services, searches you conduct on the Services, information about your activity on a page or screen, app crashes and other system activity, your use of hyperlinks available within our Services, information about your interactions without emails, your internet service provider, mobile advertising ID, media access control address, and identifiers associated with Cookies. Avara and its Ad Partners use Cookies to remember your settings and for authentication and analytics. These technologies may be used to analyze trends, administer the Services, track your interactions with the Site, and to gather demographic information about Avara’s collective user base. Our Ad Partners may also use Cookies to deliver advertisements to you. You are able to control the use of Cookies at the individual browser level, but if you choose to disable Cookies, it may limit your ability to use certain features or functions on the Site and related products and services.

(c)        Log File Information. 

Log file information is automatically reported by your browser or mobile application each time you access or use the Site or other components of the Services. For example, when you access the Site, Avara servers will automatically record certain information that your web browser sends when you visit the Site. These server logs include information such as your web request, IP address, browser type, referring/exit pages and URLs, number of clicks, domain names, landing pages, and pages viewed.

(d)       Device Information. 

Avara collects information about the device you are using to access the Site or related Services, including but not limited to the type of device, operating system, settings, unique device identifiers, and IP address. Whether we collect some or all of this information often depends on what type of device you are using and its settings. Certain types of information are available depending on whether you are using a Mac or a PC or an iPhone or an Android phone. We collect the device types and any other information you choose to provide, such as username, geolocation, or email address. We may also use mobile analytics software to allow us to have a better understanding of and make necessary improvements to the functionality of our mobile software on phones. This software records information, such as how often you access or use the Services on phones, the events that occur within your use or access of the Services on phones, aggregated usage, performance data, and from where any Services applications were downloaded. Avara does not link the information it stores within the analytics software to any personal identifiable information you submit within the Services, including but not limited to mobile applications.

(e)        Location Data. 

We collect information about your precise or approximate location information in accordance with your device permissions. You may use our Services without enabling us to collect location data from your device; however, this may affect some functionality available in the Services. We may also use technology in our retail locations to collect data about the presence of your device.

2.         How Avara Uses Personal Information.

(a)        General. 

Avara uses the information we collect to provide Services to you, to support and personalize the Services, and to communicate with you regarding the Services. Why we collect your information depends on how you interact with us. In order for us to best provide these Services (and assist in it being feasible to do so), it is essential that we collect and use the information as set forth in this Policy. The ways we do this may include the following:

• To provide, administer, deliver, customize, support, maintain, and improve our products, events, and Services;
• To complete the transactions you request, perform our contractual obligations, including processing payments through third-party vendors, and as otherwise anticipated within the context of our ongoing business relationship;
• To identify users and create and manage your online accounts and profiles;
• To send communications related to your account, participation in membership programs (if any), purchases, exchanges, and returns;
• To respond to your requests and any other communications from you, including to provide customer service and support;
• To display relevant or targeted advertising and to send advertising or marketing communications about products, services, offers, promotions, rewards, and events offered by Avara and others, and provide news and information that we believe may be of interest to you;
• To improve our Services and their features and functionality, including processing, storing, and delivering your communications;
• To conduct research and development for our business purposes;
• To monitor, analyze, and audit your engagement with the Avara brand and your interactions with our Services and online ads to better understand your interests and behaviors and personalize/customize your experience;
• To debug, identify, and repair errors that impair existing intended functionality of our Services;
• To process personal information in the context of corporate acquisitions, mergers, or other corporate transactions;
• To process your personal information in accordance with your consent, or when you intentionally or directly instruct us to do so;
• To comply with our legal or regulatory obligations, including our tax obligations and those related to the prevention of fraud and money laundering, and those required for you to benefit from rights recognized by laws, or any regulatory requirements or provisions;
• To enforce compliance with our agreements with you and to prosecute or defend a lawsuit, arbitration, or similar legal proceeding;
• To prevent fraud and maintain a quality experience for Avara business purposes or legal reasons, including to filter for spam and communications that violate our agreements with you; and
• As permitted by applicable law, to carry out certain short-term activities and other reasonable purposes related to the products or services you purchase from us or your ongoing relationship with us. Where required by applicable law, Avara will provide a notice of such data processing prior to using your personal data for such purposes.

(b)       Communications. 

Avara may use your communications generally for quality assurance purposes and training, and to improve the Services. We may use your communications to understand and help manage the quality of the Services. We may use automated technology to review your communications and improve user experience.

(c)        Device and Activity Data.

Avara uses your device information, IP address, and other information we collect from Cookies and similar technologies for personalization, advertising, and operating our Site. Some of the personal information we collect from Cookies is essential to provide the Services to you, such as helping you log in to your account, assisting us with the performance and functionality of the Services, and enabling us to analyze site usage and improve the Services. We also enable our service providers, advertising networks, and Ad Partners to use Cookies or similar technologies to track your activities on the Site and other online properties in order to provide you with tailored ads across websites, apps, and devices and to understand how those ads perform.

(d)       Purchases and Payment Information. 

For your convenience, Avara and its payment processors may store information about the payment method you use in connection with your purchase of our goods and services.

(e)        Non-Personal Information. 

When we collect information that does not identify a specific natural person (“Non-Personal Information”), we may use and disclose this information for any purpose at all whatsoever, unless such use is otherwise prohibited by this Policy or applicable law. Examples of Non-Personal Information include but are not limited to the following: physical location information; demographic information (gender, date of birth, ZIP codes, etc.); or any other personal information that has been anonymized, aggregated, or de-identified. If we combine any Non-Personal Information with your personal information (such as combining your ZIP code with your name), we will consider such combined information as personal information and will use and disclose such personal information in accordance with this Policy. Similarly, if applicable law requires us to treat certain Non-Personal Information as personal information, then we will use and disclose this information as personal information in accordance with this Policy.

3.         How Avara Shares Personal Information.

(a)        General. 

Avara works with third-party partners and providers that help us improve our Services, which makes it possible for us to operate our business and provide the Services to you. Below is a summary of some of the ways we gather information and the types of third parties with which such information may be shared. We do not transfer your personal information internationally.

(b)       Service Providers and Vendors. 

Avara may compile aggregated statistics and data and disclose personal information to unaffiliated companies or individuals we hire or work with that perform services on our behalf, including customer support, web hosting, information technology, payment processing, financing, product fulfillment, marketing and database management, direct mail and email distribution, events, promotional administration, music integration, extended warranty services, and advertising and analytics services. These service providers and contractors have access to personal information in order to perform services for us and support our business. All third parties with whom we share personal information are contractually bound to protect your data and maintain appropriate security measures in accordance with applicable data protection laws and our stringent privacy and security standards.

(c)        Advertisers and Ad Networks. 

Avara uses advertising networks and Ad Partners to serve advertisements for us and other businesses (including interest-based advertising on third-party sites) and to assist us in evaluating the effectiveness of our advertising. We may also work with advertising networks and Ad Partners to serve ads via the Site and Services and to communicate with you at the addresses they have for you. We may provide advertising networks, Ad Partners, and businesses advertising via the Services with aggregate information; however, other than hashed information or device identifiers, we do not disclose your name, contact information, or other personal information. For example, we may provide a hashed version of your email address or other information to advertising networks (e.g. Facebook or Google) to serve advertisements to you or others. Depending on where you live, you may have the right to opt out of the sharing of certain information.

(d)       Affiliates and Transfers. 

Avara may share personal information from or about you with: (a) our corporate affiliates, including our holding company (if applicable), sister companies, and subsidiaries for the purposes described in Section 2; or (b) a potential or actual acquirer, successor, or assignee as part of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including bankruptcy or similar proceedings) to another company. We may share your personal information with that company and its advisors before and after the transaction date. Personal information may be disclosed or transferred as part of, or during negotiations of any purchase sale, lease, merger, amalgamation, or any other type of acquisition, disposal, securitization, or financing involving Avara.

(e)        Professional Advisors. 

Avara may disclose personal information to our legal, financial, insurance, and other advisors in connection with the corporate transactions described above or in connection with the management of all or part of Avara’s business or operations.

(f)        Legal Obligations. 

Avara may disclose personal information from or about you, as required or permitted by applicable law, if we believe that such disclosure is reasonably necessary to (a) comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on Avara, a service provider, or a partner (which may include disclosure to law enforcement, courts, or governmental authorities); (b) prevent, investigate, or identify possible wrongdoing in connection with the Services; (c) protect our rights, reputation, property, or that of our visitors, users, corporate affiliates, or the public; or (d) enforce compliance with our agreements with you.

(g)       Your Consent or at Your Direction. 

We may disclose personal information, such as profile data and communications data, to third parties when we have your consent or direction to do so. For example, if you decide to participate in certain interactive features of our Services, such as creating a public profile, you consent to the disclosure of this information to other users of our Services. We may also disclose your personal information to third parties when you intentionally direct us to do so or when you use our products or services to intentionally interact with third parties.

4.         Security.

(a)        Data Security and Retention. 

Avara uses reasonable measures to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of your personal information. We will keep your personal information only for as long as necessary to fulfill the purposes for which Avara is processing your personal information unless applicable law permits or requires us to retain your personal information for a longer period. Retention periods can vary significantly based on the type of personal information and how the personal information is used. Avara retention periods are based on criteria such as legally mandated retention periods, pending or potential litigation, our intellectual property or ownership rights, contract requirements, operational directives or needs, and historical archiving. We may also retain de-identified information after your Avara account has been deleted. Information you have shared with others will remain visible after your Avara account has been deactivated, deleted, or after the information has been removed from your own profile or account. Please note that copies of information that you have updated, modified, or deleted may continue to reside in our systems for a period of time, and we may maintain copies of this information as part of our business records. In the event of a data security breach that affects your personal information, we will notify you and relevant authorities without undue delay, typically within 72 hours of becoming aware of the breach, unless the breach is unlikely to result in a risk to your rights and freedoms. Our notification will include the nature of the breach, likely consequences, measures taken or proposed to address the breach, and contact information for our data protection officer. We maintain a detailed incident response plan that outlines the steps for assessment, containment, and notification in case of a breach.

(b)       Security Safeguards. 

Avara employs physical, electronic, and managerial measures to safeguard the information we collect online. However, it is impossible to fully eliminate security risks, so we do not make any guarantees of any kind about the Services. AVARA IS NOT RESPONSIBLE FOR ANY LOSS, MISUSE, UNAUTHORIZED ACCESS, DISCLOSURE, ALTERATION, OR DESTRUCTION OF YOUR PERSONAL INFORMATION. You are responsible for keeping your username and password private. We advise our customers to create unique passwords for their Avara accounts or profiles and to not use this password for any other web services or applications and to not share this password with others.

(c)        Privacy of Children. 

Avara does not target our products and services to children. If you become aware that someone under the age of sixteen (16) has provided us with personal information without parental consent, please contact us.

(d)       Third Party Sites. 

Please note that our Site contains links to third-party websites that are not controlled or operated by Avara. If you follow a link to any of these websites, note that these websites have their own privacy policies and that Avara does not accept any responsibility or liability for these policies. Please review such policies before you disclose any personal information when visiting such third-party websites.

5.         Cookie Policy and Ad Choices.

(a)        General. 

This Cookie Policy describes how Avara uses Cookies and similar technologies. Cookies are small pieces of data that are stored on your computer, mobile phone, or other device when you first visit a webpage such as the Site. We use cookies, web beacons, locally shared objects (sometimes called “flash cookies”), mobile identifiers, and similar technologies to help us recognize you based on your use of the Services, enhance your experience, understand usage of the Services, and show you relevant advertising. Cookies may also be set by other websites or services that run content on the page you are visiting. We may connect information we collect from the Cookies set by us and our partners with other information received from you. The provision of data via Cookies is voluntary except for those Cookies that we place on your device because we need this information for the performance of our Services. Any changes to our cookie practices or policies will be communicated to users through an update to this Cookie Policy, which will be prominently displayed on our Site. Users may also receive email notifications about significant changes.

(b)       What Types of Cookies Avara Uses. 

Avara uses two types of Cookies via our Services: “session cookies” and “persistent cookies.” Session Cookies are temporary Cookies that remain on your device until you leave the Site or stop using the Services. A persistent Cookie remains on your device until you manually delete it.

(c)        Use of Cookies. 

Cookies transmit information about your use of the Services, such as your browser type, search preferences, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use of the Site. With the exception of identifier Cookies that are associated with your Avara account to prevent fraud on the Site, Cookies link to certain unique information (such as information on your profile), but this is not linked to your specific name.

(d)       Third Party Ad Partners. 

When Avara works with its Ad Partners to present you with personalized advertising experiences, we do not share information with Ad Partners that can be used to identify you or associate with you on an individual basis, unless you have instructed us to do so (such as when you provide information requested by an Ad Partner). If an Ad Partner has information about you saved in one of the Ad Partner’s own Cookies, then the Ad Partner can use that information to help us send you relevant ads, but the Ad Partners do not share information with us that would lead to identifying individuals.

(e)        Consenting to Cookies and Opting Out of Cookies. 

Avara uses Cookies that are necessary for us to provide products and services to you. You are able to opt out of Cookies (other than strictly necessary cookies) at any time. You may also disable placement of some (but not all) Cookies by setting your browser to decline cookies, although this may diminish your experience and you may not be able to use some or all of the features of the Services. Additionally, you are able to control, manage, and/or delete Cookies via your browser settings. Changing your Cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new device, install a new browser, upgrade an existing browser, or alter or delete a browser’s Cookie file. If you enable location data for any mobile version of the Site (if applicable), we may use your location data to provide geo-targeted ads from Ad Partners that are local to you. We do not share your location with Ad Partners. Geo-targeted ads occur because we may provide Ad Partners with the ability to push ads to you in certain geographic areas. You can disable your location services at any time in your device privacy setting.

(f)        Ad Partner Cookies. 

When you visit Avara from regions in which applicable law requires your consent for using non-strictly necessary Cookies, we will surface a Cookie consent banner and request your consent. If ads or other features on the Services are provided by third parties, these third parties set and use their own Cookies, and these Cookies are subject to the third parties’ privacy notices and policies. We have no access or control over these Cookies and Avara takes no liability or responsibility for these Cookies in any way. Further, if you respond to ads posted by third parties or submit information to third parties via the Services, such information is submitted to and governed by the third parties and such third parties’ respective privacy policies and notices, and we shall have no responsibility or liability therefor.

6.         Your Privacy Rights.

(a)        General. 

You may submit a data rights request to access, correct, delete, export, rectify, update, or ask questions about your personal information by contacting us at help@shopavara.com. If you do so, your name and email address may be requested, and we may take measures to verify your identity. You can object to processing your personal information or ask us to restrict processing your personal information. You have the right to opt out of marketing communications from us at any time. Similarly, if we have collected and processed your personal information with your consent, you are able to withdraw your consent. Withdrawing consent does not affect the lawfulness of any personal information processing that we have conducted prior to your withdrawing consent, and it will not affect processing your personal information which may be lawful based on grounds other than your consent. We do not process your information to make automated decisions about you which may have a legal or other significant effect. We do not discriminate against Avara users that exercise the privacy rights set forth in this Policy or otherwise available pursuant to applicable law. Notwithstanding the foregoing, Avara reserves the absolute right to keep any information in its archives that we, in our sole but reasonable discretion, deem necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements.

(b)       Opting Out of Communications. 

As described above, we may use the personal information we collect from you to send you newsletters or other communications from us, including those promotional or marketing in nature. If you do not want to receive such communications, you can opt out by sending an email to help@shopavara.com with the subject line “Opt Out.” At your option, you may communicate through text messages regarding your orders and products. You may withdraw permission to communicate with you by text message at any time by texting “STOP”. For more information or assistance, contact us at help@shopavara.com.

(c)        Disallowing Cookies and Location Data Collection. 

Please see Section 5 above for information on how you can opt out of the collection and use of certain personal information which we collect about you by automated means or Cookies. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and Ad Partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at:

http://optout.networkadvertising.org
http://www.youronlinechoices.eu
https://youradchoices.ca/choices
http://optout.aboutads.info

(d)       Do Not Track & Opt Out Signals.

We use analytics systems and providers and participate in ad networks that process personal information about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We process and comply with web browser’s “do not track” signal mechanisms where required by applicable law. Additionally, residents of certain U.S. states may opt out by broadcasting an Opt-Out Preference Signal under applicable law, including the Global Privacy Control (“GPC”), depending on which browsers and/or browser extensions you use that may support such a signal. To look at extensions and browsers supporting the GPC browser signal, visit here:  https://globalprivacycontrol.org/. Note that if you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

7.         Additional Information for Certain U.S. Residents.

(a)        General.

Certain U.S. states require additional disclosures and provide users residing in such U.S. states with additional rights regarding personal information. As of the date this Policy was last updated, those states include Colorado, Connecticut, Florida, Oregon, Texas, Utah, and Virginia. This section of the Policy only applies to individuals located in such states and where U.S. state data protection laws apply to our processing of your personal information.

(b)       Disclosures.

Pursuant to and consistent with the purposes for collecting your personal information as set forth in this Policy, we disclose certain categories of personal information to third parties for a legitimate business purpose. In the preceding 12 months, we have collected the following categories of personal information:

• Identifiers (such as your name, email address, IP address, phone number, billing address, and shipping address);
• Personal information subject to the California Customers Records Act (such as your date of birth and a physical description of you, such as your fit details);
• Characteristics of protected classifications under California or federal law (such as your age or gender);
• Commercial information (such as payment information, purchase history, product feedback history, saved products, and details about your content history with us, such as through email or correspondence, live chat logs, survey or site feedback, and shipping or delivery details);
• Internet and other electronic network activity (such as your device type, page visit history, identification cookies, and unique device ID);
• Geolocation data (such as general location information derived from your IP address);
• Audio, electronic, visual, or other sensory information (such as photos you have uploaded to the Avara website); and
• Inferences (drawn from any of the information we collect to assess the level of interest in our products and services based on frequency of visits and contact and determine your preferred frequency for receiving offers).

If you choose to participate in market research surveys, we may also collect any sensitive personal information you choose to disclose, such as your identified race or ethnicity, religious beliefs, sexual orientation, precise geolocation data, health data, and biometric information. For examples of the precise data points we collect and the categories of such collections, please see Section 1 above. We collect, use, and disclose personal information for the business or commercial purposes described in Section 2 and Section 3 above. The categories of third parties to which we may share the above categories of personal information, include, without limitation:

• Our affiliates and related entities;
• Third party service providers and partners, including but not limited to, Ad Partners and advertising/marketing networks, internet service providers, data analytics providers, operating systems and platforms, social networks, cloud storage providers IT service providers, delivery partners, payment processors, fulfillment partners, customer support partners, events and promotions partners, and fraud prevention partners; and
• Law enforcement authorities.

(c)        Sensitive Personal Information.

We do not collect or disclose sensitive personal information for any purpose other than those specified below. For the collection and processing of sensitive personal information, we implement a separate and explicit consent mechanism. This mechanism requires you to provide specific, informed, and unambiguous consent for each category of sensitive data we collect, distinct from our general data processing consent. You will be presented with clear options to consent or decline for each type of sensitive data processing.

• To perform the services or provide goods reasonably expected by an average consumer;
• To prevent, detect, and investigate security incidents;
• To resist malicious, deceptive, fraudulent, or illegal actions directed at the business or to prosecute those responsible for those actions;
• To ensure the physical safety of individuals;
• For short-term, transient use, including non-personalized advertising;
• To verify or maintain the quality or safety of a service or device; or
• To comply with a legal obligation or to exercise or defend legal claims.

We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you.

(d)       Selling and Sharing. 

We “share” and “sell” personal information for the purpose of engaging in advertising and marketing activities. We do not sell your personal information as the concept of “selling” is traditionally understood as being the exchange of something for money. However, we sell your personal information to, and share your personal information with, third parties for the purpose of cross-contextual behavioral advertising purposes.  Applicable U.S. state data protection laws hold such disclosures and sharing to be considered “selling” or “sharing”. Therefore, you may have the right to opt out of such selling and sharing. We do not knowingly “sell” or “share” personal information about consumers under the age of 16. To ensure we have your explicit consent for marketing communications, we provide a clear opt-in to our mailing list on our website. In the preceding 12 months, we have shared and sold the following categories of personal information to the following categories of third parties and for the following purposes:

• Identifiers: We provide such information to our joint marketing campaign partners, commercial data partners, other retailers, Ad Partners, ad platforms and networks, social media platforms, analytics partners, marketing/remarketing partners, third parties whose cookie and tracking tools we use as described in Section 5, and services providers.
• Personal information subject to the California Customer Records Act: we provide such information to third parties whose cookie and tracking tools we use as described in Section 5.
• Commercial Information: We provide such information to our joint marketing campaign partners, commercial data partners, other retailers, Ad Partners, ad platforms and networks, social media platforms, analytics partners, marketing/remarketing partners, third parties whose cookie and tracking tools we use as described in Section 5, and services providers.
• Internet and Electronic Network Activity Information (e.g. Cookies and other online unique identifiers): we provide such information to our Ad Partners, ad platforms and networks, social media platforms, analytics partners, marketing/remarketing partners, third parties whose cookie and tracking tools we use as described in Section 5, and services providers.
• Geolocation data: we provide such information to third parties whose cookie and tracking tools we use as described in Section 5.
• Inferences: we provide such information to Ad Partners, ad platforms and networks, social media platforms, analytics partners, marketing/remarketing partners, third parties whose cookie and tracking tools we use as described in Section 5, and services providers.

You may have the right to opt out of the selling or sharing of your personal information as described herein. You may exercise this right to opt out by utilizing the Global Privacy Control as mentioned in Section 6(d) above, or by emailing us at help@shopavara.com.

(e)        Rights

Applicable laws in the U.S. state where you reside may grant you some or all of the rights listed below (subject to all applicable limitations, exceptions, and exemptions). These rights are not absolute, and we may decline your request as permitted by applicable law. You can ask to appeal any denial of your request in the same manner through which you may submit a request.

• Right to Confirm, Access, and Portability: You may have the right to confirm whether we process your personal information, access your personal information, and/or receive a copy of the personal information that we have collected about you. You may also have the right to receive your personal data in a structured, commonly used, and machine-readable format. Subject to legal limitations, if you submit a request to know, for each category of personal information listed in Section 1 above, we will provide: the categories of personal information we collected about you, the categories of sources for the personal information we collected about you, our business or commercial purpose for collecting that personal information, and the categories of third parties with whom we disclose, sell, or share that personal information.
• Right to Correct: You may have the right to correct inaccurate personal information that we have collected about you.
• Right to Delete: You may have the right to delete the personal information we have obtained about you or that you have provided to us with certain exceptions.
• Right to Opt-out of Tracking for Targeted Advertising Purposes: You may have the right to opt-out of certain tracking activities for targeted advertising purposes.
• Right to Opt-out of the Sale of Personal Information: You may have the right to opt-out of our sale of your personal information to third parties.
• Right to Non-discrimination: You have the right to be free from discrimination due to your exercise of your rights under applicable law. Avara does not discriminate against users for exercising the rights granted to them under applicable law and that are applicable to our processing of your personal information.

You also have the right to submit a complaint about our processing of your personal information to the applicable government regulator or authority in the jurisdiction in which you are located (e.g., your state’s Attorney General).

(f)        Your Nevada Privacy Rights

Nevada law permits our users who are Nevada consumers to request that their personal information not be sold (as Personal Data is defined under applicable Nevada law), even if their personal information is not currently being sold. Requests may be sent to help@shopavara.com.

(g)       Your California Privacy Rights

California’s “Shine the Light” law permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only one per year per person, must be sent to help@shopavara.com, and are free of charge. However, we do not disclose personal information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.

(h)       Notice of Financial Incentives

These additional disclosures apply only to individuals who reside in California as required by the California Consumer Privacy Act and Colorado as required by the Colorado Privacy Act. From time to time, we may offer incentives to customers that involve the sharing of personal information with us. For example, we may provide discounts, coupons, and other benefits (such as free shipping, expedited returns processing, and/or VIP customer service) for customers who sign up to receive our marketing emails or join a loyalty program. When you participate in a financial incentive, we collect personal information from you, such as identifiers (like your name and email address) and commercial information (like your purchase history). You can choose to opt-in to a financial incentive by following the sign-up or participation instructions provided, and you have the ability to opt-out of the financial incentive, or our subsequent use of your personal information in connection with a financial incentive, at any time by contacting us at help@shopavara.com. In some cases, we may provide additional terms and conditions for a financial incentive, which we will present to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.

(i)        Exercise Your Rights

You can exercise your rights by submitting a verifiable request to use by:

• Calling: 972-863-8787
• Emailing: help@shopavara.com

Please note that to exercise your rights to opt-out of targeted advertising and/or the sale of your personal information, you must follow the instructions provided under Section 7(d) of this Policy above. Only you or a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. Without limiting the foregoing, the verifiable consumer request must: (1) provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative; and (2) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We do not charge any fees for processing user rights requests.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We will respond to your request within the applicable timeframe required under applicable law. If we deny your request, you can appeal such denial through the same methods as set forth above. If the appeal is denied, you may submit a complaint to the applicable government regulator or authority in the US state in which you are a resident (e.g. the state Attorney general in the state in which you reside).

8.         Updates to Avara’s Privacy Policy.

We may revise this Policy from time to time by posting an updated version on our Site. The revised Policy will be effective immediately for all Avara users, unless a longer period is required by law. If we make a change that materially reduces your rights or increases your responsibilities, we will make reasonable efforts to notify you by posting a notice on our Site at least 30 days prior to the change becoming effective. A material change is defined as any modification that: (1) significantly alters how we collect, use, or share your personal information; (2) reduces the rights previously granted to you in this Policy; (3) introduces new purposes for data processing not previously disclosed; or (4) materially changes our data protection or privacy practices. For material changes, we will make reasonable efforts to notify you by posting a notice on our Site at least 30 days prior to the change becoming effective. Your continued use of the Services following the effective date of any revised Policy will constitute your acknowledgment of the amended Policy. However, if you do not agree with the updated Policy, you have the following options: (1) discontinue using our Services; (2) request deletion of your account and personal information by contacting help@shopavara.com, or (3) exercise your right to object to processing as outlined in our data rights section. If you choose to discontinue use or request account deletion, we will process your request in accordance with the terms of this Policy. We encourage you to periodically review this Policy for any updates. Your continued use of the Site is subject to the most current effective version of this Policy. In the event of a conflict between this Policy and Avara’s Terms of Service, then Avara’s Terms of Service control. Avara’s Terms of Service are hereby incorporated by reference into this Policy. If any term or provision of this Policy or the Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Policy or the Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.